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Articles Posted in New Criminal Case Law

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Warrantless search of cell phone seized from car left at a shooting upheld

 People v. Tousant (Cal. Ct. App., May 26, 2021, No. A156044) 2021 WL 2134389  Summary: Tousant challenged the denial of his motion to suppress evidence downloaded from his cellphone, seized after an allegedly illegal search of his car left at the scene of an Oakland shooting. Tousant claimed the trial…

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No dismissal of non-felony motor vehicle charges when defendant is charged in a single action and sentenced to prison

People v. Escareno (Cal. Ct. App., May 24, 2021, No. A160209) 2021 WL 2069434, at *1–4 Summary: Escareno pleaded no contest to two felonies, four misdemeanors and an infraction arising from a single incident of driving under the influence of alcohol and without a valid license. The  trial court refused…

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Prosecution must prove beyond a reasonable doubt murder conviction under vicarious liability conviction is valid under a viable theory

People v. Fortman (Cal. Ct. App., May 13, 2021, No. B304567) 2021 WL 1920356, at *1 Summary: A murder conviction that may rest on a theory of vicarious liability later invalidated by Senate Bill No. 1437  must stand if the prosecution proves, beyond a reasonable doubt, that the conviction is…

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Reckless Driving (§ 23103) is Not a  Lesser Included Offense of Felony Evasion of a Peace Officer

People v. Walker (Cal. Ct. App., May 6, 2021, No. A158423) 2021 WL 1811648, at *1–4 Summary: Walker appealed following his convictions for felony evasion of a peace officer (Veh. Code, § 2800.2)1 and other crimes. In the published portion of the opinion, the Court of Appeal rejected Walker’s contention…

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Felony-murder special-circumstance finding does not bar section 1170.95 relief.

People v. Secrease (Cal. Ct. App., Apr. 19, 2021, No. A158342) 2021 WL 1538008, at *1  Summary:In 1998, a jury convicted Secrease of first degree murder and carjacking, finding true a special circumstance charge under section 190.2, subdivision (a)(17)(L) that the murder was committed during a carjacking. (§ 215, subd.…

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Federal Court finds systemic violations in CDCR’s misuse of confidential information

Todd Ashker v. Gavin Newsom,  United States District Court For The Northern District Of California, Case 4:09-cv-05796-CW,  Filed 04/09/21  Background: Judge Claudia Wilken extended a settlement agreement in a class action for violations of 42 U.S.C. § 1983 brought by plaintiffs Todd Ashker and Danny Troxell, who had lived in…

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Recording a phone call without the other party’s consent is a crime (Penal Code section 632.7(a)

Smith v. LoanMe, Inc. (Cal., Apr. 1, 2021, No. S260391) 2021 WL 1217873, at *1 Summary: Under Penal Code section 632.7(a), it is a crime when a person “without the consent of all parties to a communication, intercepts or receives and intentionally records, or assists in the interception or reception…

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A Car Accident Can Result in a Conviction for Assault with a Deadly Weapon

People v. Brugman (Cal. Ct. App., Mar. 30, 2021, No. D076658) 2021 WL 1186143  Summary: Brugman was convicted of  assault with a deadly weapon was based on his act crashing his vehicle into the car being driven by His former girlfriend as she tried to enter the driveway to her…

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