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…
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…
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…
In re D.L. (Cal. Ct. App., July 3, 2023, No. A164432) 2023 WL 4342391, at *1 Summary: D.L., a minor at the time of his offense, appealed his conviction for possession of a loaded firearm in San Francisco. (Pen. Code, § 25850, subd. (a).) Citing the United States Supreme Court’s…
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,…
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…
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…