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Articles Posted in New Criminal Case Law

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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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Jury may draw an adverse inference of consciousness of guilt based on refusal to consent to a chemical test after DUI arrest

THE PEOPLE, Plaintiff and Respondent, v. HAADI BOLOURCHI, Defendant and Appellant. (Cal. Ct. App., June 28, 2024, No. A167289) 2024 WL 3218945, at *1 Summary: Under Vehicle Code section 23612, subdivision (a)(1)(B), “A person who drives a motor vehicle is deemed to have given his or her consent to chemical…

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DUI Causing Injury Is a Necessarily Included Offense of Vehicular Manslaughter While Intoxicated but Court but Court can Impose the Greater Sentence under DUI

People v. Meno (Cal. Ct. App., June 20, 2024, No. D081878) 2024 WL 3063112, at *1 Summary: Meno was convicted of two counts each of vehicular manslaughter while intoxicated with ordinary negligence (counts 1 and 2; Pen. Code § 191.5, subd. (b)), one count of driving under the influence of…

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A Certificate of Rehabilitation Cannot be Denied because of the Crime

People v. Rounds (Cal. Ct. App., June 5, 2024, No. G063593) 2024 WL 2842208, at *1–2 Summary: Rounds, Jr., challenged the trial court’s denial of his petition for a certificate of rehabilitation and pardon. (Pen. Code, § 4852.01 et seq.). The trial court considered factors that were irrelevant to the…

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