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Articles Posted in New Criminal Case Law

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Murder conviction upheld where participant in a gun battle did not fire the fatal shot, but  contributed substantially and concurrently to the victim’s death

People v. Carney (Cal., July 20, 2023, No. S260063) 2023 WL 4630861, at *1 Summary: In People v. Sanchez (2001) 26 Cal.4th 834 (Sanchez), the California Supreme Court upheld the first degree murder conviction of a defendant who had engaged in a gang-related shootout that left a bystander dead. It…

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Lack of courtrooms is not good cause to extend section 1382’s speedy trial deadline

People v. Superior Court of Riverside County (Cal. Ct. App., July 11, 2023, No. E080076) 2023 WL 4444079, at *1 Riverside County Superior Court’s lack of judges and impact of COVID-19 pandemic The Superior Court for the County of Riverside has not had enough judges for nearly twenty years. The…

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 Conviction of evading a police officer proximately causing death under Vehicle Code section 2800.3 is not entitled to relief under section 1172.6

 THE PEOPLE, Plaintiff and Respondent, v. RAFAEL CAMPBELL, Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent, v. ANTHONY B. PRICE, Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent, v. STEPHON ANTHONY, Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent, v. SAMUEL FLOWERS, Defendant and Appellant. (Cal. Ct. App., June 30,…

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Pretrial detention order must be based on individualized assessment

NICHOLAS YEDINAK, Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; THE PEOPLE, Real Party in Interest. (Cal. Ct. App., June 23, 2023, No. E080685) 2023 WL 4144994 Summary: Yedinak petitioned for a writ of mandate challenging the trial judge’s order denying him bail. He argues the order fails to…

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Mental Health Diversion must be requested before attachment of jeopardy at trial or the entry of a guilty or no contest plea

People v. Braden (Cal., June 5, 2023, No. S268925) 2023 WL 3807557 Summary: Braden  was convicted by a jury of resisting an executive officer with force or violence, he then requested mental health diversion. The Superior Court denied his request and he appealed. The Court of Appeal affirmed. The Supreme…

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Taxpayer suit against San Francisco Courts for criminal trial delays to go forward

Raju v. Superior Court of City and County of San Francisco (Cal. Ct. App., June 8, 2023, No. A164736) 2023 WL 3883099, at *1–10 Summary: Manohar Raju and other plaintiffs appealed a judgment dismissing their taxpayer action against the Superior Court of the City and County of San Francisco (defendant…

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Court finds no evidence to support governor’s reversal of Van Houten parole grant

In re Van Houten (Cal. Ct. App., May 30, 2023, No. B320098) 2023 WL 3712946, at *1 Summary: Van Houten petitioned for a writ of habeas corpus challenging Governor Gavin Newsom’s reversal of her 2020 grant of parole. Van Houten is serving concurrent sentences of seven years to life for…

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170.6 challenge brought in habeas challenging conditions of confinement is untimely

Garcia v. Superior Court of Riverside County (Cal. Ct. App., May 30, 2023, No. E080436) 2023 WL 3718448, at *1 Summary: Garcia was diagnosed as having porphyria, a rare condition that is potentially fatal, especially if not properly treated. During an attack of porphyria, the skin becomes extremely sensitive to…

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Failure to instruct that the alleged predicate offenses must have “commonly benefited” a gang in a “more than reputational” manner was not harmless error

People v. Cooper (Cal., May 25, 2023, No. S273134) 2023 WL 3637806 Summary: Cooper  was convicted of first degree murder with gang and firearm enhancements. He appealed. The Court of Appeal affirmed the conviction and the California Supreme Court granted review . The Supreme Court held that trial court’s error…

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