In The Supreme Court Of California In Re Kenneth Humphrey On Habeas Corpus; S247278First Appellate District, Division Two A152056;San Francisco City And County Superior Court 17007715; March 25, 2021 In an unanimous decision, the California Supreme Court held that:“No person should lose the right to liberty simply because that person can’t…
People v. Marrero (2021) 60 Cal.App.5th 896 Summary: Armando Milan Marrero pleaded guilty to driving under the influence of alcohol and causing bodily injury to another person (Veh. Code, § 23153, subd. (a)). The trial court suspended imposition of sentence for five years and granted formal probation. Two victims retained…
People v. Cummings (Cal. Ct. App., Mar. 3, 2021, No. C084505) 2021 WL 803686, at *1–5 Summary:Cummings entered a plea of no contest to attempted driving with a blood alcohol-level of 0.08 percent or more within 10 years of a felony conviction for driving under the influence (DUI) (Pen. Code,…
In re Hoze (Cal. Ct. App., Feb. 25, 2021, No. A158399) 2021 WL 732072, at *1 Summary: Johnnie Hoze was 67 years old and had served nearly four decades in state prison on an indeterminate life sentence when the Board of Parole Hearings (“Board”) found him suitable for parole under…
WILLIAM LEE GERWIG, JR., Plaintiff and Appellant, v. STEVE GORDON, as Director, etc., Defendant and Respondent. (Cal. Ct. App., Feb. 19, 2021, No. D076921) 2021 WL 650274 Summary: When the Department of Motor Vehicles (DMV) holds an administrative hearing to consider whether to suspend a driver’s license, it can usually…
People v. Duchine (Cal. Ct. App., Feb. 9, 2021, No. A157980) 2021 WL 447105, at *1 Summary: John Allen Duchine was convicted of first degree murder in 1987. In 2019, he filed a petition for resentencing under Penal Code section 1170.95,1 [Senate Bill 1437 (S.B. 1437)] with a declaration asserting…
People v. Clements (Cal. Ct. App., Feb. 4, 2021, No. E073965) 2021 WL 388834, at *1 Summary: In 1989, Jody Ann Clements solicited her ex-husband and her boyfriend to assault her 16-year-old brother who then two killed the brother by stabbing him and bludgeoning him with a rock. A jury…
People v. Collins (Cal. Ct. App., Feb. 2, 2021, No. F076883) 2021 WL 343935 Summary: Collins was convicted of two counts of murder as a result of driving while impaired On appeal, he claims that the trial court erred in denying his motion to challenge the prosecutor’s excusal of a…
In re Palmer (Cal., Jan. 28, 2021, No. S256149) 2021 WL 279621, at *1 Summary: The California and federal Constitutions bar the infliction of punishment that is grossly disproportionate to the offender’s individual culpability. (U.S. Const., 8th Amend.; Cal. Const., art. I, § 17.) The courts, “as coequal guardian[s]…
The People, Plaintiff and Respondent, v. Alberto Beto Hernandez, Defendant and Appellant. (Cal. Ct. App., Jan. 22, 2021, No. B302815) 2021 WL 221976, at *1–2 Summary: On January 1, 2019 the the law governing whether a defendant can be convicted of murder under a felony murder or natural and probable…