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Articles Posted in New Criminal Case Law

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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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AB 124-Sentencing to lower term for childhood trauma-applies retroactively

THE PEOPLE, Plaintiff and Respondent, v. LAMONTE SHERMALE BANNER, Defendant and Appellant. In Re LAMONTE SHERMALE BANNER, On Habeas Corpus. (Cal. Ct. App., Apr. 8, 2022, No. F079770) 2022 WL 1055186 Background: Banner was convicted of two counts of attempted robbery (§ 212.5). The charges included allegations of prior strike…

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Resentencing procedures under 1170.03 require notice, appointment of counsel and a hearing

People v. McMurray (Cal. Ct. App., Mar. 30, 2022, No. C090767) 2022 WL 949796, at *1–2 Summary: McMurray appealed the trial court’s denial of a recommendation made by the Secretary (Secretary) of the California Department of Corrections and Rehabilitation (CDCR) under former Penal Code section 11 that the trial court consider…

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Court may not dismiss resentencing petition under 1170.95 based on statement of facts in appellate court decision

THE PEOPLE, Plaintiff and Respondent, v. MARCOS ELI FLORES, Defendant and Appellant. (Cal. Ct. App., Mar. 29, 2022, No. F080584) 2022 WL 910096, at *1 Summary: In 2010 Flores pled no contest to the second degree murder (Pen. Code,1 § 187, subd. (a).) and the trial court sentenced petitioner to…

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Bail must always be set in an amount that a defendant can afford

In re Brown (Cal. Ct. App., Mar. 14, 2022, No. B313533) 2022 WL 766252, at *1 Summary: The Supreme Court held in In re Humphrey (2021) 11 Cal.5th 135(Humphrey) that conditioning pretrial release from custody solely on whether an arrestee can afford bail is unconstitutional. When nonmonetary conditions of release…

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COVID pandemic justified suspension of right to speedy trial

Hernandez-Valenzuela v. Superior CourtDocket: A163992(First Appellate District) Opinion Date: March 4, 2022 Facts: Hernandez-Valenzuela (collectively “petitioners”) sought a writ of mandate or prohibition requiring respondent Superior Court of the City and County of San Francisco to dismiss his case for violating his speedy trial rights under Penal Code section 1382.2…

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