Plaintiffs and Respondents, v. CALIFORNIA DEPARTMENT OF MOTOR VEHICLES et al., Defendants and Appellants. (Cal. Ct. App., Apr. 15, 2022, No. B305604) 2022 WL 1125370 DMV Administrative Hearings after DUI Arrests and challenge by California DUI Lawyers The Department of Motor Vehicles (DMV) conducts administrative hearings to suspend a driver’s…
THE PEOPLE, Plaintiff and Respondent, v. LAMONTE SHERMALE BANNER, Defendant and Appellant. In Re LAMONTE SHERMALE BANNER, On Habeas Corpus. (Cal. Ct. App., Apr. 8, 2022, No. F079770) 2022 WL 1055186 Background: Banner was convicted of two counts of attempted robbery (§ 212.5). The charges included allegations of prior strike…
People v. McMurray (Cal. Ct. App., Mar. 30, 2022, No. C090767) 2022 WL 949796, at *1–2 Summary: McMurray appealed the trial court’s denial of a recommendation made by the Secretary (Secretary) of the California Department of Corrections and Rehabilitation (CDCR) under former Penal Code section 11 that the trial court consider…
THE PEOPLE, Plaintiff and Respondent, v. MARCOS ELI FLORES, Defendant and Appellant. (Cal. Ct. App., Mar. 29, 2022, No. F080584) 2022 WL 910096, at *1 Summary: In 2010 Flores pled no contest to the second degree murder (Pen. Code,1 § 187, subd. (a).) and the trial court sentenced petitioner to…
In re Palmer (2021) 10 Cal.5th 959 In re Lira (2014) 58 Cal.4th 573 Issue: Can a parole period be shifted due to excessive incarceration? Facts: Palmer, who had been convicted of aggravated kidnapping committed when he was a juvenile and sentenced to indeterminate life sentence, served 30 years and…
In re Brown (Cal. Ct. App., Mar. 14, 2022, No. B313533) 2022 WL 766252, at *1 Summary: The Supreme Court held in In re Humphrey (2021) 11 Cal.5th 135(Humphrey) that conditioning pretrial release from custody solely on whether an arrestee can afford bail is unconstitutional. When nonmonetary conditions of release…
LONGEN TAN, Petitioner, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; THE PEOPLE, Real Party in Interest. (Cal. Ct. App., Mar. 10, 2022, No. A163715) 2022 WL 714708, at *1 Summary: Tan was charged with misdemeanor driving under the influence. Effective January 1, 2021, the Legislature enacted a new…
Hernandez-Valenzuela v. Superior CourtDocket: A163992(First Appellate District) Opinion Date: March 4, 2022 Facts: Hernandez-Valenzuela (collectively “petitioners”) sought a writ of mandate or prohibition requiring respondent Superior Court of the City and County of San Francisco to dismiss his case for violating his speedy trial rights under Penal Code section 1382.2…
People v. Williams (Cal. Ct. App., Feb. 24, 2022, No. B311161) 2022 WL 556906, at *1–6 Facts: Williams filed a “Petition for Modification of Sentence (Pursuant to P.C. 1170(d)(1).)” Asking the trial the court to modify his 1996 judgment based on “charging and sentencing policies” adopted by Los Angeles County…
People v. Hampton (Cal. Ct. App., Feb. 10, 2022, No. C093270) 2022 WL 405368, at *1 Summary: Hampton was found guilty of first degree murder and two counts of robbery and sentenced to a term of 33 years to life The jury could not reach a verdict on the robbery-murder…