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Articles Posted in New Criminal Case Law

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Court may review a prison disciplinary violation in habeas as long as it can provide meaningful relief

In re Marti (Cal. Ct. App., Sept. 3, 2021, No. C093153) 2021 WL 4452824, at *1  Summary: CDCR Prisoner Marti filed a petition for writ of habeas corpus challenging the decision finding him guilty of a prison disciplinary violation for possession of excess property made by the warden of Mule…

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Recall of sentence recommendation creates a substantial liberty interest with right to notice and to present information to the court

THE PEOPLE, Plaintiff and Respondent, v. JOSE ALEX MENDEZ, Defendant and Appellant. (Cal. Ct. App., Sept. 24, 2021, No. B306301) 2021 WL 4350480 Summary: Jose Alex Mendez appealed  the denial of a recommendation by the secretary of the California Department of Corrections and Rehabilitation (CDCR) to recall his sentence under…

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Exclusion of juror for support of BLM was discriminatory

The People, Plaintiff and Respondent, v. Sheldon Vaughn Silas et al., Defendants and Appellants. (Cal. Ct. App., Sept. 17, 2021, No. A150512) 2021 WL 4236771 Summary: Defendants Sheldon Silas, Reginald Whitley, Lamar Michaels, and Linda Chaney, all of whom are Black, were tried for crimes related to the murders of…

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Drunk driving under Vehicle 23152(a) and 23152(b) are separate offenses and a driver may be convicted of both

People v. Grabham (Cal. Ct. App., Aug. 31, 2021, No. A160384) 2021 WL 3909628, at *1 Summary:  Grabham was convicted of violating Vehicle Code 1 section 23152, subdivision (a) (section 23152(a)) and section 23152, subdivision (b) (section 23152(b)). Grabham arguesd that section 23152(a) and (b) are different statements of the…

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Collection of DNA from felony arrestees does not violate the Fourth Amendment

People v. Roberts (Cal. Ct. App., Aug. 20, 2021, No. C081843) 2021 WL 3700319, at *1 Summary: Roberts’ DNA had been collected after an unrelated felony arrest  for which he was not charged. Based primarily on the DNA evidence, a jury found him guilty of murder in the first degree…

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Parole period for crimes other than sex offenses and those carrying life terms limited to two years under section 3000.01

People v. Tan (Cal. Ct. App., Aug. 19, 2021, No. B308687) 2021 WL 3673888, at *1–2 Summary: Tan was convicted of robbery and first degree murder. In 2020, the trial court vacated Tan’s murder conviction under Penal Code  section 1170.95, resentenced him on the robbery count, and ordered him released…

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Judicial Diversion for Misdemeanor DUI- depends on the county

People v. Sup. Ct. (Espeso); BS 175803; 7/14/21; Los Angeles Superior Court App. Div. ruled no diversion for DUI People v. Sup. Ct. (Diaz‑Armstrong); APR12100008; 7/27/21; Riverside Sup. Ct. App. Div.-ruled diversion available for DUI There is a split on this question. The Riverside Superior Court appellate division says that…

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Elimination of the Probation Supervision Fee under PC 1465.9 Applies Retroactively

People v. Clark (Cal. Ct. App., July 29, 2021, No. A158238) 2021 WL 3205435, at *1 Summary: Clark appealed and challenged the imposition of a monthly $100 probation supervision fee, following a violation of his probation while his  appeal was pending. Assembly Bill 1869 repealed the statute authorizing the probation…

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Challenges to reasonableness of mandatory supervision conditions are evaluated under the Lent Standard for probation conditions

People v. Bryant (Cal., July 29, 2021, No. S259956) 2021 WL 3201079, at *1 Summary: The 2011 Realignment Act (Stats. 2011, ch. 15, § 1; Realignment Act or Act) provides for a period of mandatory supervision after a county jail sentence for eligible defendants. The California Supreme Court assessed the…

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Prisoners entitled to appointment of counsel when making a prima facie case under SB 1437

People v. Lewis (Cal., July 26, 2021, No. S260598) 2021 WL 3137434, at *1 Summary: The California Supreme Court reviewed Senate Bill No. 1437 (Stats. 2018, ch. 1015; Senate Bill 1437) which eliminated natural and probable consequences liability for murder and limited the scope of the felony murder rule. (Pen.…

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