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San Francisco Criminal Lawyer Blog

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Unfair to require indigent homeless women to defend both criminal and civil cases for living in city park

People ex rel. Burns v. Wood (Cal. Ct. App., July 11, 2024, No. G061001) 2024 WL 3370029, at *1–2 Summary: The city of Fountain Valley (the City) sought to prohibit  Nancy Wood, an indigent homeless woman, from residing in the City’s Mile Square Park (the Park), which is near the…

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Sexually Violent Predator Cannot be Compelled to be Interviewed before Trial

Nicholas NEEDHAM, Petitioner, v.The SUPERIOR COURT OF ORANGE COUNTY, Respondent; The People, Real Party in Interest. S276395; July 1, 2024; 2024 WL 3243077 (Cal.) Summary: County district attorney filed petition to commit sex offender as a sexually violent predator (SVP). Offender filed motions to preclude People’s retained expert from testifying…

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Jury may draw an adverse inference of consciousness of guilt based on refusal to consent to a chemical test after DUI arrest

THE PEOPLE, Plaintiff and Respondent, v. HAADI BOLOURCHI, Defendant and Appellant. (Cal. Ct. App., June 28, 2024, No. A167289) 2024 WL 3218945, at *1 Summary: Under Vehicle Code section 23612, subdivision (a)(1)(B), “A person who drives a motor vehicle is deemed to have given his or her consent to chemical…

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DUI Causing Injury Is a Necessarily Included Offense of Vehicular Manslaughter While Intoxicated but Court but Court can Impose the Greater Sentence under DUI

People v. Meno (Cal. Ct. App., June 20, 2024, No. D081878) 2024 WL 3063112, at *1 Summary: Meno was convicted of two counts each of vehicular manslaughter while intoxicated with ordinary negligence (counts 1 and 2; Pen. Code § 191.5, subd. (b)), one count of driving under the influence of…

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A Certificate of Rehabilitation Cannot be Denied because of the Crime

People v. Rounds (Cal. Ct. App., June 5, 2024, No. G063593) 2024 WL 2842208, at *1–2 Summary: Rounds, Jr., challenged the trial court’s denial of his petition for a certificate of rehabilitation and pardon. (Pen. Code, § 4852.01 et seq.). The trial court considered factors that were irrelevant to the…

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Amount that insurer is expected to pay value of future medical care is relevant in determining damages for auto accident

DAVID AUDISH, Plaintiff and Appellant, v. DAVID MACIAS et al., Defendants and Respondents. (Cal. Ct. App., May 21, 2024, No. D081689) 2024 WL 2860272 Summary: Plaintiff Audish appealed a civil judgment after a jury verdict in an automobile collision case. The jury found Audish and defendant David  both operated their…

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No implied malice murder for car accident that blocked traffic

People v. Superior Court of Riverside County (Cal. Ct. App., May 30, 2024, No. D082865) 2024 WL 2761450, at *1 Summary: While under the influence of prescription painkillers, Chagolla led California Highway Patrol (CHP) officers on a 35-mile, high-speed chase that ended when Chagolla lost control of her vehicle, which…

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Restitution for fleeing scene of accident cannot be modified after termination of probation

THE PEOPLE, Plaintiff and Respondent, v. TAKEYA LASHAY KOONTZY, Defendant and Appellant. (Cal. Ct. App., May 23, 2024, No. A167703) 2024 WL 2350205 Summary: Koontzy (appellant) pled no contest to fleeing the scene of an injury accident (Veh. Code § 20001, subd. (a)) and was placed on probation with the…

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Warrantless Search of Defendant’s Truck Did Not Fall Within Scope of Inventory Search Exception

United States v. Anderson (9th Cir., May 2, 2024, No. 20-50345) 2024 WL 1920298 Warrantless searches by law enforcement for inventory purposes Summary: Law enforcement may conduct warrantless inventory searches of impounded vehicles only if they are motivated by administrative purposes, and not solely by investigatory purposes. Here, an officer’s…

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Prosecutor’s reasons for peremptory strike of Black juror were improper and required explanation

THE PEOPLE, Plaintiff and Respondent, v. DAVID G. ARIAS, Defendant and Appellant. (Cal. Ct. App., May 10, 2024, No. A164789) 2024 WL 2103781, at *1 Summary: Arias was tried for two counts of sexual abuse committed against J. Doe, a child under 14 years old. During the trial, the defense…

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