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San Francisco Criminal Lawyer Blog

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Is a prison “kite” protected by the attorney-client privilege?

People v. Superior Court of Santa Cruz County (Cal. Ct. App., Jan. 12, 2023, No. H049188) 2023 WL 167078, at *1–2  Summary: Is a suspected inmate “kite”—a written message sent in violation of jail rules— covered by the attorney-client privilege when it is contained in an envelope sent by an…

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New Criminal Laws 2023

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…

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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…

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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…

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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…

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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…

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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…

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