People V. O’Hearn (Cal. Ct. App., Nov. 9, 2020, No. A158676) 2020 WL 6556592, at *1–2 Patrick Sean O’Hearn appealed from the denial of his motion to vacate a guilty plea to charges of making a criminal threat. The Court of Appeal held that O’Hearn received ineffective assistance of counsel…
People v. Roldan (Cal. Ct. App., Oct. 30, 2020, No. B298570) 2020 WL 6375578, at *1 Summary: Marlon Roldan was convicted of second degree murder under an implied malice theory for killing a person while driving under the influence of alcohol (DUI). He filed a petition in the superior court…
In re Von Staich (Cal. Ct. App., Oct. 20, 2020, No. A160122) 2020 WL 6144780, at *1–2 Petition claiming San Quentin does not adequately protect against COVID-19 infection Ivan Von Staich, incarcerated at San Quentin State Prison,serving a sentence of 17 years to life for a second degree murder consecutive…
Court discretion under 1170(d) Penal Code section 1170(d)(1) states: “The court resentencing under this paragraph may reduce a defendant’s term of imprisonment and modify the judgment, including a judgment entered after a plea agreement, if it is in the interest of justice.” (Pen. Code, § 1170(d)(1)) Does the court’s authority…
The State Supreme Court posted an order on the docket of In re Humphrey (2018) 19 Cal.App.5th 1006, pending as # S247278, making Part III of the Court of Appeal decision in the case legal precedent. That part of the appellate opinion holds that due process requires consideration of the…
The Berkeley City Council approved a measure that would create a new Department of Transportation and remove police from traffic stops. The use of unarmed public works officials to enforce traffic laws is aimed at reducing racial profiling and law enforcement contacts that can escalate into violence, especially for Black…
The People, Plaintiff and Appellant, v. Lula Sophia Gong Cotsirilos et al., Defendants and Respondents., 2020 WL 3396240 (Cal.App. 4 Dist.) (Cal.App. 4 Dist., 2020) Summary: Two defendants cited for underage alcohol infractions filed a motion to suppress the evidence. The prosecution did not file an opposition or appear at…
People v. Hughes, 2020 WL 3071948 (Cal.App. 4 Dist., E069445; Filed 06/10/2020) Facts: After drinking, Michael Dwayne Hughes hit a PT Cruiser whose driver failed to yield to him, killing the driver and her two children, who were passengers. Hughes, who had a prior conviction for driving under the influence,…
If you have pending traffic violation in the San Mateo Superior Court you may have received a notice offering a reduction of the fine in exchange for a plea of guilty or no contest. These notices were sent to defendants and their attorney of record. This pilot program was announced…
People v. Lopez, 2020 WL 1163518; C080065 (Cal.App. 3 Dist., 2020) Summary: Sharon Darlene Lopez appealed the trial court’s denial of her motion to suppress evidence obtained from a warrantless blood draw after her arrest for driving under the influence of a controlled substance. The officer instructed Lopez that she…