Close

Articles Posted in New Criminal Case Law

Updated:

A prosecutor’s jury selection notes are not shielded from disclosure in postconviction proceedings that raise a Batson claim

Box v. Superior Court of San Diego County (Cal. Ct. App., Dec. 30, 2022, No. D080573) 2022 WL 17999610  Summary: Issue: The issue decided was: Are a prosecutor’s jury selection notes core work product shielded from disclosure in postconviction proceedings that raise a Batson claim? The Court of AppeL held…

Updated:

Police lighting up a car does not constitute detention

People v. Tacardon (Cal., Dec. 29, 2022, No. S264219) 2022 WL 17984057, at *1 Summary’: A sheriff’s deputy patrolling after dark saw three people sitting in a legally parked car in a residential neighborhood, smoking something. He pulled up behind the car, illuminated it with a spotlight, and approached on…

Updated:

Youth is a factor in totality of circumstances in determining major participant who acted with reckless indifference to human life

THE PEOPLE, Plaintiff and Respondent, v. ALIJONDRO JONES, Defendant and Appellant. (Cal. Ct. App., Dec. 23, 2022, No. A162634) 2022 WL 17884050, at *1 Summary: Jones appealed from an order denying his motion for resentencing under Penal Code section 1170.95 after he was convicted of first degree murder under a…

Updated:

Court applied wrong standard in denying Veteran mental health diversion

THE PEOPLE, Plaintiff and Respondent, v. THOMAS WHITMILL, Defendant and Appellant. (Cal. Ct. App., Dec. 23, 2022, No. B318582) 2022 WL 17883593   Summary: Sixty-one-year-old Whitmill appealed the denial of his pretrial motion for mental health diversion of his criminal prosecution. He argued that because he is an honorably discharged veteran…

Updated:

Remand for resentencing required under SB 467 after imposition of upper term where case was not final

THE PEOPLE, Plaintiff and Respondent, v. BRANDON RIO SHERMAN, Defendant and Appellant. (Cal. Ct. App., Dec. 15, 2022, No. A162766) 2022 WL 17726696, at *1 Summary: Sherman was convicted of kidnapping, assault by means of force likely to produce great bodily injury, and preventing or dissuading a victim or witness from…

Updated:

Jury instructions which allow conviction based on imputed  malice establish a prima facile case for resentencing under 1172.6

People v. Maldonado (Cal. Ct. App., Dec. 8, 2022, No. A161817) 2022 WL 17494961, at *1 Summary: Maldonado appealed from the trial court’s denial of his petition for resentencing pursuant to Penal Code section 1172.6 (former section 1170.95). In 2013, Maldonado was convicted of first degree murder and the jury…

Updated:

Decision by CDCR Secretary to rescind recommendation of recall of sentence does not moot appeal

People v. E.M. (Cal. Ct. App., Dec. 6, 2022, No. H049467) 2022 WL 17423592, at *1 Summary: In December 2019, the Secretary of the California Department of Corrections and Rehabilitation (the Secretary) issued a letter to the trial court recommending that it recall E.M.’s sentence of over 79 years and…

Contact Us