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Articles Posted in New Criminal Case Law

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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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California Supreme Court Affirms Right To Affordable Bail

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…

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Restitution for civil attorney fees paid by a victim may be ordered in a criminal case

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…

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