Source: Garrick Byers, Statute Decoder Racial Justice Act Expanded and Made Retroactive in Stages, AB 256 (Stats. 2022, Ch. 739) Amends PC 745 PC 745, the Racial Justice Act (RJA)] prohibits the state from seeking a criminal conviction or sentence [based on] race, ethnicity, or national origin. In cases in…
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…
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…
People v. Ross (Cal. Ct. App., Dec. 28, 2022, No. A163242) 2022 WL 17974351, at *1 Summary: Ross appealed a conviction for battery on a non-confined person by a prisoner (Pen. Code, § 4501.5) and finding true two prior “strike” convictions (§ 667, subds. (b)–(i)). On appeal, he argues: (1)…
People v. White (Cal. Ct. App., Dec. 27, 2022, No. C095640) 2022 WL 17958728, at *1 Summary: On May 2006, 25-year old White, while drunk and speeding, struck a car stopped on the shoulder of the highway with its hazard lights on, killing the driver and injuring two others. A…
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…
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…
People v. Castro (Cal. Ct. App., Nov. 18, 2022, No. B318174) 2022 WL 17662954, at *1 Summary: Castro appealed from a judgment entered after he pleaded no contest to carrying a loaded, unregistered handgun in a vehicle. He argued that a warrantless search of his vehicle, during which a police…
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…
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…