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Articles Posted in New Criminal Case Law

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Prosecutors have a mandatory duty to allege strikes

Association of Deputy District Attorneys for Los Angeles County v. Gascon (Prosecutors have a mandatory duty to allege strikesCal. Ct. App., June 2, 2022, No. B310845) 2022 WL 1797864, at *1–3 Scope of prosecutorial discretion Issues on appeal: 1. Can the voters, through the initiative process, or the Legislature, through…

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Belief criminal justice system treats African Americans unfairly not grounds for juror exclusion

People v. Henderson (Cal. Ct. App., May 11, 2022, No. C088883) 2022 WL 1485820, at *1 Summary: Henderson was convicted of one count of second degree murder (Pen. Code, § 187)1 and one count of attempted murder (§§ 664/187) and found true enhancement allegations that defendant personally discharged a firearm…

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Resisting a police officer is not a lesser included offense of wanton disregard while fleeing

THE PEOPLE, Plaintiff and Respondent, v. RODRIGO FUENTES, JR., Defendant and Appellant. (Cal. Ct. App., May 12, 2022, No. E075745) 2022 WL 1498334, at *1 Summary:Fuentes was convicted of both : (1) fleeing a police officer while driving with a willful or wanton disregard for the safety of persons or…

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Attempted murder convictions reversed due to instruction in natural and probable consequences

People v. Perez (Cal. Ct. App., May 2, 2022, No. B300396) 2022 WL 1302282, at *1 Summary: Appellants Perez,Rosas and Sanchez engaged in a fist fight with two men outside of a liquor store in the middle of the day. During the fight, Perez retrieved a gun from his car…

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San Francisco Drug Injunctions Are Unconstitutional

People v. Padilla-Martel (Cal. Ct. App., Apr. 29, 2022, No. A162872) 2022 WL 1284091, at *1 Summary: In these civil actions, the People, by the San Francisco City Attorney (City) allege defendants Christian Noel Padilla-Martel, Victor Zelaya, Jarold Sanchez, and Guadaloupe Aguilar-Benegas are street-level drug dealers whose drug-dealing activities in…

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Parole hearing testimony may be used in 1170.95 evidentiary hearing

THE PEOPLE, Plaintiff and Respondent, v. RONALD RAY ANDERSON, Defendant and Appellant. (Cal. Ct. App., Apr. 28, 2022, No. A162633) 2022 WL 1261422, at *1 Summary: Anderson was convicted of two counts of first degree murder, two counts of robbery, and one count of burglary, and sentenced to 25 years…

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Sentence of LWOP for a 16-year old does not violate 8th Amendment

THE PEOPLE, Plaintiff and Respondent, v. CHRISTIAN BIRDSALL, Defendant and Appellant. (Cal. Ct. App., Apr. 22, 2022, No. A159555) 2022 WL 1198020 Summary: Birdsall was convicted of first degree murder committed by means of lying in wait and during a robbery and a burglary (§ 190.2, subd. (a)(15), (17)(A), (G)).…

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