ELECTRONIC FRONTIER FOUNDATION, INC., Plaintiff and Appellant, v.The SUPERIOR COURT OF SAN BERNARDINO COUNTY, Defendant and Respondent; San Bernardino County District Attorney’s Office et al., Real Parties in Interest and Respondents. E076778; Filed September 15, 20222022 WL 4243552 (Cal.App. 4 Dist.) Summary: Background: A Civil-liberties organization filed a petition to unseal search warrants…
Articles Posted in New Criminal Case Law
Juvenile offenders sentenced to de facto life without parole sentences may petition for resentencing
The PEOPLE, Plaintiff and Respondent, v.Frank Eli HEARD, Defendant and Appellant; D079237; Filed September 20, 20222022 WL 4353385 (Cal.App. 4 Dist.) Summary: Heard was sentenced to a term of 23 years plus 80 years to life for two counts of attempted willful, deliberate and premeditated murder for a drive-by shooting he…
District Attorney Lacks Standing to Challenge SB 394 Parole Hearings for 16 or 17 year-olds Sentenced to LWOP
The PEOPLE, et al., Plaintiffs and Respondents, v.BOARD OF PAROLE HEARINGS, Defendant and Appellant; Nathan Joshua Ramazzini, Real Party in Interest and Appellant. C093941,Filed September 15, 2022 2022 WL 4244262 (Cal.App. 3 Dist.) Summary: in 1997, Ramazzini was convicted of a first degree murder with a special circumstance he committed…
California prisoners can be convicted of conspiracy to deliver a cell phone to an inmate
THE PEOPLE, Plaintiff and Respondent, v. ALAN BUENO, Defendant and Appellant. Court of Appeal, Fourth District, Division 1 (D078700;Filed 09/09/20) Summary: Bueno, a prisoner inmate at the time, arranged with a prison employee codefendant to obtain a cellular telephone. Bueno pleaded no contest to one felony count of conspiracy to…
Resentencing Relief Under Section 1172.6 Is Not Available To An “Actual Killer”
THE PEOPLE, Plaintiff and Respondent, v. ALBERT GARCIA, Defendant and Appellant. (Cal. Ct. App., Sept. 2, 2022, No. C093430) 2022 WL 4007827, at *1 Summary: Garcia physically assaulted and stole money from an 82-year-old man, who died about an hour later from lethal cardiac arrhythmia. A jury found Garcia guilty…
Prosecutors use of inconsistent theories about identity of a shooter did not violate due process
People v. Ramirez (Cal., Aug. 25, 2022, No. S099844) 2022 WL 3653756, at *1 Ramirez was convicted of a variety of crimes including murder and sentenced to death. Motion To Disqualify the Prosecutor’s Office at Trial Ramirez moved to disqualify the Kern County District Attorney’s Office on two grounds because…
Force likely assault and assault with a deadly weapon different statements of the same offense
People v. Aguayo (Cal., Aug. 25, 2022, No. S254554) 2022 WL 3652056, at *1 Summary: Aguayo was charged with and convicted of both assault with a deadly weapon other than a firearm (Pen. Code,1 § 245, subd. (a)(1)), and assault by means of force likely to cause great bodily injury…
Mistake of fact need not be reasonable to negate specific intent for burglary
People v. Hendrix (Cal., Aug. 22, 2022, No. S265668) 2022 WL 3581973 Summary: Hendrix walked around a house to the backyard, opened a screen door, and unsuccessful tried to open the locked glass door behind it. Hendrix then sat down on a bench and stayed there. Hendrix was sitting on…
Mandatory Resentencing under section 1172.6 does not apply where a negative finding on one special circumstances allegation does not negate potential murder liability on other viable theories
People v. Guillory (Cal. Ct. App., Aug. 17, 2022, No. A161952) 2022 WL 3442330, at *1–5 Summary: Guillory, convicted in 2004 of kidnapping, carjacking, robbing, and murder argued that she qualifies for relief under the new felony murder resentencing law law because the jury rejected a special circumstances allegation regarding…
A Previous Finding of Major Participant Does Not Bar SB1437 Relief
People v. Strong (Cal., Aug. 8, 2022, No. S266606) 2022 WL 3148797 Summary: Strong was convicted of felony murder with findings as to special circumstance allegations that he was “major participant” who acted “with reckless indifference to human life.” He filed a petition for resentencing based on narrowing of felony-murder…