People v. Simmons (Cal. Ct. App., Oct. 12, 2023, No. 2D CRIM. B309921) 2023 WL 6631578, at *1 Summary: The Racial Justice Act (RJA) aims to eliminate racism from criminal trials in California. The Court of Appeal held that the RJA does not violate article VI, section 13 of the…
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…
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.…
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…
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…
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…
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…
People v. Suggs (Cal. Ct. App., July 31, 2023, No. C096555) 2023 WL 4861699 Summary: The Court of Appeal held that traffic stop was unlawfully prolonged when police officer saw temporary registration documents in window, realized defendant had not committed Vehicle Code violation that was purpose of stop, and then…
Coalition on Homelessness v. City and County of San Francisco (Cal. Ct. App., July 21, 2023, No. A164180) 2023 WL 4673776 Summary: Nonprofit organization brought action against city, municipal transportation agency, and police department challenging agency’s policy of towing safely and lawfully parked vehicles without a warrant based solely on…
People v. Leal (Cal. Ct. App., July 25, 2023, No. C096463) 2023 WL 4729326, at *1 Summary: The Fourth Amendment’s guarantee of the fundamental right to be free from unreasonable searches and seizures is fundamental. Generally warrantless searches are unreasonable. (Katz v. United States (1967) 389 U.S. 347, 357, 88…