People v. Schuller (Cal. Ct. App., Nov. 10, 2021, No. C087191) 2021 WL 5228434, at *1 Summary: Schuller, shot his long-time friend, W.T., nine times in the head and set the body on fire. Schuller testified, claiming self-defense, but his trial testimony about suggested he was delusional and hallucinating. Following…
Articles Posted in New Criminal Case Law
Court cannot summarily dismiss petition for resentencing based on preliminary hearing transcript
People v. Davenport (Cal. Ct. App., Nov. 10, 2021, No. A161954) 2021 WL 5230876, at *1–3 Summary: In 2007, Davenport pled no contest to second degree murder with a firearm enhancement and was sentenced to 18 years to life. Davenport appealed the denial of his petition for resentencing pursuant to…
Evidence seized as a result of an unlawful detention must be suppressed
THE PEOPLE, Plaintiff and Respondent, v. OSCAR CUADRA, Defendant and Appellant. (Cal. Ct. App., Nov. 5, 2021, No. B310554) 2021 WL 5149775, at *1–3 Summary: Cuadra was charged with possession of a firearm by a felon in violation of Penal Code section 29800, subdivision (a)(1). Before pleading no contest, Cuadra…
AB 1950, limiting the length of probation to 2 years (PC 1203.1), applies retroactively to all cases not yet final on appeal
People v. Greeley (Cal. Ct. App., Oct. 19, 2021, No. H047281) 2021 WL 4889494, at *1 Summary: Greeley was convicted by jury trial of first degree burglary (Pen. Code, § 460, subd. (a)).1 The trial court suspended imposition of sentence, placed defendant on probation for three years, and imposed various…
Prison Officials Must Accept Summons by Prisoner in Personal Injury Lawsuit against Another Prisoner
RICHARD J. CRANE, Plaintiff and Appellant, v. JOSEPH CLAY DOLIHITE, Defendant and Respondent. (Cal. Ct. App., Oct. 22, 2021, No. F079877) 2021 WL 4929340, at *1 Summary: Crane, a prisoner representing himself, appealed from the dismissal of his personal injury action against an inmate who stabbed him in the neck…
Five-Year Enhancements for prior serious felony convictions may now be struck at resentencing
People v. Cepeda (Cal. Ct. App., Oct. 18, 2021, No. B307000) 2021 WL 4843561, at *1 Summary: In 2018, Cepeda pled guilty to carjacking as a second strike, and admitted he sustained a prior serious felony conviction. The trial court sentenced him to 15 years in state prison, which included…
Exclusion of LWOP from eligibility for Youth Offender Parole Hearing Does not Violate Equal Protection
People v. Sands (Cal. Ct. App., Oct. 12, 2021, No. A160973) 2021 WL 4739531, at *1–2 Summary: Sands was 24 years old when he committed a special circumstance murder (Pen. Code §§ 187, 190.2, subd. (a)(10)), and was sentenced to life without the possibility of parole. He filed a motion…
Recommendation for resentencing by Secretary of CDCR gives prisoner due process right to notice, to be heard as reasons for court’s decision
People v. Pillsbury (Cal. Ct. App., Sept. 30, 2021, No. C089002) 2021 WL Summary: Pillsbury was convicted of one count of robbery in the second degree with firearm enhancement and one count of commercial burglary. The Secretary of Department of Corrections and Rehabilitation (CDCR) submitted a letter to trial court…
Jury misconduct to consider the sentence to break a deadlock
THE PEOPLE, Plaintiff and Respondent, v. MICHAEL ANTHONY FLORES, Defendant and Appellant. (Cal. Ct. App., Oct. 8, 2021, No. C089569) 2021 WL 4698468, at *1–2 Summary: Flores was found guilty of voluntary manslaughter after the jury initially declared it was unable to reach a unanimous verdict. Flores moved for a…
Deliberate failure to collect evidence violates due process
People v. Fultz (Cal. Ct. App., Sept. 27, 2021, No. C088566) 2021 WL 4398649, at *1–2 Summary: Based on the government’s conduct throughout the investigation and trial, the trial court rejected the prosecution’s innocent explanations for the constitutional violations. The trial court then dismissed the case against Fultz finding there…