As the result of the Covid-19 pandemic, Zoom Court Hearings have become common. Attorneys, parties, and other participants have participated in the virtual hearings in a more relaxed, informal, and at times in an inappropriate manner. Maintaining the same decorum, formality, and respect for the court and with all other…
People v. Cummings (Cal. Ct. App., Mar. 3, 2021, No. C084505) 2021 WL 803686, at *1–5 Summary:Cummings entered a plea of no contest to attempted driving with a blood alcohol-level of 0.08 percent or more within 10 years of a felony conviction for driving under the influence (DUI) (Pen. Code,…
In re Hoze (Cal. Ct. App., Feb. 25, 2021, No. A158399) 2021 WL 732072, at *1 Summary: Johnnie Hoze was 67 years old and had served nearly four decades in state prison on an indeterminate life sentence when the Board of Parole Hearings (“Board”) found him suitable for parole under…
WILLIAM LEE GERWIG, JR., Plaintiff and Appellant, v. STEVE GORDON, as Director, etc., Defendant and Respondent. (Cal. Ct. App., Feb. 19, 2021, No. D076921) 2021 WL 650274 Summary: When the Department of Motor Vehicles (DMV) holds an administrative hearing to consider whether to suspend a driver’s license, it can usually…
People v. Duchine (Cal. Ct. App., Feb. 9, 2021, No. A157980) 2021 WL 447105, at *1 Summary: John Allen Duchine was convicted of first degree murder in 1987. In 2019, he filed a petition for resentencing under Penal Code section 1170.95,1 [Senate Bill 1437 (S.B. 1437)] with a declaration asserting…
People v. Clements (Cal. Ct. App., Feb. 4, 2021, No. E073965) 2021 WL 388834, at *1 Summary: In 1989, Jody Ann Clements solicited her ex-husband and her boyfriend to assault her 16-year-old brother who then two killed the brother by stabbing him and bludgeoning him with a rock. A jury…
People v. Collins (Cal. Ct. App., Feb. 2, 2021, No. F076883) 2021 WL 343935 Summary: Collins was convicted of two counts of murder as a result of driving while impaired On appeal, he claims that the trial court erred in denying his motion to challenge the prosecutor’s excusal of a…
In re Palmer (Cal., Jan. 28, 2021, No. S256149) 2021 WL 279621, at *1 Summary: The California and federal Constitutions bar the infliction of punishment that is grossly disproportionate to the offender’s individual culpability. (U.S. Const., 8th Amend.; Cal. Const., art. I, § 17.) The courts, “as coequal guardian[s]…
The People, Plaintiff and Respondent, v. Alberto Beto Hernandez, Defendant and Appellant. (Cal. Ct. App., Jan. 22, 2021, No. B302815) 2021 WL 221976, at *1–2 Summary: On January 1, 2019 the the law governing whether a defendant can be convicted of murder under a felony murder or natural and probable…
Favor v. Superior Court of San Bernardino County (Cal. Ct. App., Jan. 13, 2021, No. E075340) 2021 WL 118005 Summary: The right to a preliminary hearing within 60 days of arraignment “is absolute absent a defendant’s personal waiver.” (Ramos v. Superior Court (2007) 146 Cal.App.4th 719, 729, 53 Cal.Rptr.3d 189.)…