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Articles Posted in New Criminal Case Law

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Misdemeanor DUI is Eligible for Mental Health Diversion

Persiani v. Superior Court, 2024 WL 833043 (Cal.App. 4 Dist.), 1 Summary: A trial court has authority under Penal Code section 1370.01, subdivision (b)(1)(A) to order treatment through mental health diversion for a mentally incompetent misdemeanor defendant charged with driving under the influence. Persiani was charged in four misdemeanor cases…

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Implicit Bias Can Violate the Racial Justice Act

Bonds v. Superior Court; D082187; 2/14/24;2024 WL 617245 (Cal.App. 4 Dist.) Summary: Bonds was charged with a misdemeanor concealed firearm violation filed a motion for relief under the Racial Justice Act. The Superior Court denied the motion and Bonds  filed petition for writ of mandate.The Court of Appeal held that…

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Warrantless search of city streetlight camera footage does not violate Fourth Amendment

The PEOPLE, Plaintiff and Respondent, v.Kevin Eugene CARTWRIGHT, Defendant and Appellant. 317 Cal.Rptr.3d 472 Summary: The Court of Appeal held that police did not conduct a warrantless search when they accessed footage from city’s streetlight cameras that captured defendant’s image. A jury convicted Cartwright of first degree murder with special…

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Burden of proof for Evidentiary Hearing under the Racial Justice Act met through statistical evidence of past discrimination

Michael Earl MOSBY III, Petitioner, v.The SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent;The People, Real Party in Interest. 2024 WL 278040 (Cal.App. 4 Dist.) Summary: Mosby, an African-American defendant who was charged with murder with special circumstances and the prosecutor sought the death penalty,  Mosby petitioned for a writ of mandate…

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Hit and Run Conviction not Supported by Evidence

THE PEOPLE, Plaintiff and Respondent,v, ESTEBAN JIMENEZ, Defendant and Appellant. D081267:Filed 1/3/2024— Cal.Rptr.3d — Summary: Jimenez was convicted of evading an officer while driving recklessly (Veh. Code, § 2800.2, subd. (a)) and leaving the scene of an accident (Veh. Code, § 20002, subd. (a)) and found true a prior strike…

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Failure to Provide Proper Notice Under CalECPA Does Not Warrant Suppression of Cell Phone Records

The PEOPLE, Plaintiff and Respondent, v. Christian Steve CAMPOS, Defendant and Appellant.F084307; Filed January 22, 2024 2024 WL 226419 (Cal.App. 5 Dist.), 1 Summary: Campos contends electronic information evidence introduced in his murder trial should have been suppressed because he was not properly notified of its acquisition by the government…

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Denial of Mental Health Diversion must be supported by substantial evidence

Jeanette SARMIENTO, Petitioner, v.The SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent;The People, Real Party in Interest. D082443; Filed January 9, 20242024 WL 94326 (Cal.App. 4 Dist.), 1 Summary: Sarmiento requested mental health diversion (Pen. Code, § 1001.361) after being charged with  attempted robbery. Sarmiento had handed a liquor store clerk…

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A defense attorney’s advice to a defendant to “speak how you speak” does not indicate racial bias to support a violation of the RJA

THE PEOPLE, Plaintiff and Respondent v.DEMETRIUS COLEMAN,Defendant and Appellant. A165198; Filed 1/5/20242024 WL 64082 (Cal.App. 1 Dist.) Summary: A defense attorney’sadvice to a defendant to speak in his or her own voice when he or she testifies does not indicate bias or animus toward a defendant because of his or…

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No exigent circumstances for warrantless blood draw from unconscious driver suspected of DUI 90 minutes after accident

The PEOPLE, Plaintiff and Respondent, v. Francisco Andres ALVAREZ, Defendant and Appellant. 2023 WL 9014911 (Cal.App. 4 Dist.), 1  Summary: In Mitchell v. Wisconsin (2019) 588 U.S. –––– [139 S.Ct. 2525] (Mitchell),  the United States Supreme Court held when a “driver is unconscious and therefore cannot be given a breath…

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