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Articles Posted in New Criminal Case Law

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Harmless Error in Permitting Remote Jury Deliberations

THE PEOPLE, Plaintiff and Respondent, v. VERNON LEE HAMPTON, Defendant and Appellant. (Cal. Ct. App., Oct. 25, 2023, No. A165957) 2023 WL 7009789, at *1 Summary: Before closing arguments, which took place in January 2022, the trial judge dismissed two jurors for reasons related to COVID-19 and seated the two…

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Defendant must show prejudice by loss of evidence for case to be dismissed

People v. Manzo (Cal. Ct. App., Oct. 17, 2023, No. E079991) 2023 WL 6826849, at *1  Summary:The Riverside County District Attorney appealed the trial court’s dismissal of three felony charges against Manzo due to evidence lost during the prosecution’s five-year delay in prosecuting the case after filing charges against defendant.…

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Domestic Violence Restraining Order properly issued based on coercive control

Parris J. v. Christopher U. (Cal. Ct. App., Oct. 4, 2023, No. B313470) 2023 WL 6458520, at *1Summary: Christopher U. appeals from the five-year domestic violence restraining order (DVRO) issued against him at the request of his former spouse, Parris J. Christopher contends the trial court abused its discretion by…

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A defendant accused of fleeing the scene under cannot  rely on voluntary intoxication to negate required knowledge of the accident

People v. Suazo (Cal. Ct. Appl., Sept. 19, 2023, No. F082140) 2023 WL 6118736, at *1 Summary: Suazo while having an elevated blood-alcohol level, drove his 2008 Ford Focus at a high rate of speed off the highway, through a fence, and into agricultural equipment parked in an adjacent yard.…

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San Francisco District Attorney Brooke Jenkins statements result in recusal of office from prosecution

People v. Pomar (Cal. Ct. App., Sept. 13, 2023, No. A167241) 2023 WL 5947909, at *1 Summary: Brooke Jenkins, an assistant district attorney (ADA), left the San Francisco District Attorney’s Office (Office) to join the campaign to recall Chesa Boudin, the then San Francisco District Attorney (District Attorney). After leaving…

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Police stop for being parked in a “high crime area” is a prima facie violation of Racial Justice Act

DEMOND FINLEY, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; THE PEOPLE, Real Party in Interest. (Cal. Ct. App., Aug. 30, 2023, No. A167311) 2023 WL 5620093, at *1 Summary: The San Francisco Superior Court erred in finding that Finley failed to make a…

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Court has no authority to release person on lifetime parole to probation on plea bargain

CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; ROBERT L. ESCOBEDO, Real Party in Interest. (Cal. Ct. App., Aug. 25, 2023, No. A166559) 2023 WL 5498785 Summary: Escobedo was placed on felony probation pursuant to a plea bargain. The  superior court permitted the…

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Superior Court has no pre-trial authority to reduce a felony wobbler to a misdemeanor

People v. Superior Court of Ventura County (Cal. Ct. App., Aug. 16, 2023, No. 2D CIV. B326653) 2023 WL 5258663, at *1 Summary: Penal Code section 1238, subdivisions (a)(1) and (a)(8) permit the People to appeal a superior court’s post-preliminary hearing, pretrial order reducing a felony “wobbler” to a misdemeanor…

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