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Articles Posted in New Criminal Case Law

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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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DUI murder conviction under implied malice is not eligible for resentencing under PC 1172.6

THE PEOPLE, Plaintiff and Respondent, v. VONDETRICK CARR, Defendant and Appellant. (Cal. Ct. App., Apr. 7, 2023, No. E079368) 2023 WL 2820859, at *1 Summary: Carr drove drunk with four children in his car, hitting a pickup truck. One of the children was killed and Carr was convicted of second…

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Good cause found for speedy trial violations in San Francisco

Estrada v. Superior Court of City and County of San Francisco (Cal. Ct. App., Feb. 28, 2023, No. A166474) 2023 WL 2320352, at *1  Summary:  Represented by the Office of the San Francisco Public Defender Petitioners sought  a writ of mandate or prohibition requiring respondent Superior Court of the City…

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Time during which probation was summarily revoked can be tacked on to the term when probation is reinstated

People v. Ornelas (Cal. Ct. App., Jan. 30, 2023, No. A165333) 2023 WL 1097221, at *1–2 Summary: Ornelas was placed on probation in July 2021 for the maximum statutory term of two years. He failed to report to probation,  his probation was summarily revoked, and a bench warrant was issued…

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No presumption created by factors that court must weigh heavily in favor of dismissing enhancements

People v. Ortiz (Cal. Ct. App., Jan. 26, 2023, No. H049698) 2023 WL 415617, at *1 Summary: Under Penal Code section 1385, trial courts have broad discretion to dismiss a charge or allegation “in furtherance of justice.” (See People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 530-531 (Romero).)  The…

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Implied Malice Remains A Valid Theory Of Liability For Aiders And Abettors To Murder

People v. Silva (Cal. Ct. App., Jan. 18, 2023, No. F083248) 2023 WL 240015, at *1 Summary:  Silva petitioned the superior court, under former section 1170.95 (now § 1172.6) of the Penal Code, for resentencing on his conviction for second degree murder arising from the murder of Bill James who…

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Is a prison “kite” protected by the attorney-client privilege?

People v. Superior Court of Santa Cruz County (Cal. Ct. App., Jan. 12, 2023, No. H049188) 2023 WL 167078, at *1–2  Summary: Is a suspected inmate “kite”—a written message sent in violation of jail rules— covered by the attorney-client privilege when it is contained in an envelope sent by an…

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