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Articles Posted in New Criminal Case Law

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Defendant’s voluntary absence from jury selection does not justify a continuance

THE PEOPLE, Plaintiff and Respondent, v. PAUL HERSOM, Defendant and Appellant. (Cal. Ct. App., Sept. 26, 2024, No. A168129) 2024 WL 4313709, at *1 Summary:  Hersom was convicted by a jury in San Francisco Superior Courtof felony counts of vehicle burglary and being a felon in possession of tear gas…

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EXPERT MAY TESTIFY THAT ALL DRIVERS ARE UNDER THE INFLUENCE AT .05%

People v. Turntine (Cal. App. Dep’t Super. Ct., June 24, 2024, No. CA296018) 2024 WL 4143869 Summary: The trial court did not abuse its discretion in declining to exclude expert testimony of toxicologist who testified that all individuals were impaired for purposes of driving at .05% BAC; Statement of the…

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Discovery under Racial Justice Act requires an ongoing court proceeding

In re TRAVIS LANELL MONTGOMERY on Habeas Corpus. (Cal. Ct. App., Sept. 6, 2024, No. D083970) 2024 WL 4099744, at *1 Summary: Montgomery appealed an order denying a motion for discovery he made in connection with a postjudgment petition for writ of habeas corpus that sought relief for alleged violations…

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Police do not need any additional justification to order driver out of the vehicle after lawful traffic stop

People v. Ramirez (Cal. Ct. App., Aug. 20, 2024, No. G063224) 2024 WL 3869450, at *1 Summary: Under the Fourth Amendment to the United States Constitution, “once a vehicle has been lawfully detained for a traffic violation, a police officer may order the driver to exit the vehicle without any…

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Certificate of Probable Cause needed to appeal attorney’s failure to request pretrial mental health diversion

People v. Moore (Cal. Ct. App., Aug. 9, 2024, No. A167918) 2024 WL 3754712, at *1–2 Summary: Moore pleaded no contest to the charge of stalking in violation of Penal Code section 646.9, subdivision (a).  Moore appealed, challenging his permanent revocation of probation following his admission to a probation violation…

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Restitution for victim can be ascertained and imposed even after probation terminated

THE PEOPLE, Plaintiff and Respondent, v. SCOTLANE McCUNE, Defendant and Appellant. (Cal., Aug. 8, 2024, No. S276303) 2024 WL 3736802, at *1–2 Summary: California law mandates that individuals who are convicted of a crime must be ordered to make full restitution to their victims “in every case, regardless of the…

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Misuse of tablets issued to CDCR inmates is not computer fraud or grounds to deny access to computers

In re JOSE OLIVERAS on Habeas Corpus (Cal. Ct. App., Aug. 2, 2024, No. A168677) 2024 WL 3633748 Summary:Oliveras challenged a disciplinary report revoking his computer access and making him ineligible for computer-access-required work assignments or programming because of being found with contraband pornographic images on a tablet device. The…

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Unfair to require indigent homeless women to defend both criminal and civil cases for living in city park

People ex rel. Burns v. Wood (Cal. Ct. App., July 11, 2024, No. G061001) 2024 WL 3370029, at *1–2 Summary: The city of Fountain Valley (the City) sought to prohibit  Nancy Wood, an indigent homeless woman, from residing in the City’s Mile Square Park (the Park), which is near the…

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Sexually Violent Predator Cannot be Compelled to be Interviewed before Trial

Nicholas NEEDHAM, Petitioner, v.The SUPERIOR COURT OF ORANGE COUNTY, Respondent; The People, Real Party in Interest. S276395; July 1, 2024; 2024 WL 3243077 (Cal.) Summary: County district attorney filed petition to commit sex offender as a sexually violent predator (SVP). Offender filed motions to preclude People’s retained expert from testifying…

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