People v. Lattin (Cal. Ct. App., Dec. 18, 2024, No. D083262) 2024 WL 5153046, at *1 Summary: Lattin contends a gun must be loaded to commit assault with a firearm unless it is used as a club or bludgeon. (Pen. Code, § 245, subd. (a)(4).) He argues that the present…
People v. Nuno (Cal. Ct. App., Oct. 17, 2024, No. H051205) 2024 WL 4512214, at *1 Summary: The issue in this appeal was whether Nuno, under Penal Code section 1172.6, may obtain discovery of material, exculpatory evidence in peace officer personnel records under Brady v. Maryland (1963) 373 U.S. 83…
People v. Howard (Cal. Ct. App., Aug. 27, 2024, No. H050156) 2024 WL 3947977, at *1 Summary: Howard shot a man at a nightclub in San Jose. At trial, Howard testified that he acted in self-defense. A jury convicted him of second degree murder. After the jury’s verdict but prior…
THE PEOPLE, Plaintiff and Respondent, v. DAVID G. ARIAS, Defendant and Appellant. (Cal. Ct. App., May 10, 2024, No. A164789) 2024 WL 2103781, at *1 Summary: Arias was tried for two counts of sexual abuse committed against J. Doe, a child under 14 years old. During the trial, the defense…
People, v Paul 318 Cal.Rptr.3d 142 Summary: Paul pleaded no contest to possession of a firearm with a prior violent conviction (Pen. Code, § 29900, subd. (a)(1)) after the trial court denied his motion to suppress evidence of a firearm pursuant to Penal Code section 1538.5. Paul argues that the…
Adam WALSWORTH, Petitioner, v.The SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; The People, Real Party in Interest.C098517; Filed December 20, 2023 2023 WL 8797474 (Cal.App. 3 Dist.), 1 Summary: The Court of Appeal directed the respondent court to issue an order granting Walsworth’s motion to dismiss his case. He was denied…
People v. Esparza (Cal. Ct. App., Aug. 28, 2023, No. D080703) 2023 WL 6224964, as modified (Sept. 26, 2023) Summary: Esparza was pulled over for a Vehicle Code violation, a detective who specializes in gang enforcement recognized him and two of his passengers as gang members. The detective thought one…
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…
The United States Supreme Court decision in New York State Rifle & Pistol Ass’n, Inc. v. Bruen (2022) 142 S. Ct. 2111 renders possession of a concealed firearm and criminalizing carrying a loaded firearm on your person or in a vehicle in any public place or on a public street…
People v. Murphy (Cal. Ct. App., June 30, 2022, No. B306773) 2022 WL 2352782, at *1 Summary:Murphy appealed from his three convictions for second degree murder. (Pen. Code, § 187, subd. (a).).1 Murphy argued that evidence supporting his convictions is insufficient because the prosecution failed to prove he acted with…