People v. Bay, 2019 WL 4564854 (Cal.App. 1 Dist.), 1 (Cal.App. 1 Dist., 2019) The Stop and Search A Napa County Sheriff’s deputy was on patrol at 2:00 a.m. on September 9, 2017, when he noticed a Cadillac SUV parked illegally near a popular overlook. The deputy approached and saw…
People v. Millan Rodriguez, 2019 WL 3852665 (Cal.App. 4 Dist.) Vacating a conviction because of inability to understand immigration consequences (Penal Code Section 1473.7) On January 1, 2017, Penal Code section 1473.7 went into effect. It allows a defendant to challenge a conviction based on a guilty plea where prejudicial…
Marinelarena v. Barr, 2019 WL 3227458; (9th Cir. July 18, 2019) Immigrants with drug convictions are eligible for immigration relief when the record of conviction is vague as to the type of controlled substance. Conviction for conspiracy to sell and transport a controlled substance Marinelarena, a native and citizen of…
United States v. Haymond (2019) ___U.S.___ [139 S.Ct. 2369], 2019 U.S. LEXIS 4398; No. 17-1672 Supreme Court of the United States,, Decided June 26, 2019. Imposition of a new and higher mandatory prison term for a parole violation requires jury trial After serving a prison sentence of 38 months for…
Californians with criminal records face obstacles and barriers to employment. For example, Uber has announced more intense screening of its drivers, including background checks every two years and checks on new criminal and DUI charges. But recent laws limit how employers may use an applicant’s criminal history and open licensed…
Senate Bill 1437 takes effect January 1, 2019 and will limit first-degree felony-murder for any aider-abettor who is not the actual killer. Under this new law, a defendant must be the actual killer, act with intent to kill, or be a major participant in the underlying felony who acted with…
A police officer with adequate training and experience in performing the horizontal gaze nystagmus test (HGN) may testify as to the significance of a defendant’s performance on an HGN test, according to a recent California Court of Appeal decision. Although HGN testing alone cannot determine whether a driver is under…