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San Francisco Criminal Lawyer Blog

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Prima facie showing of violation of Racial Justice Act in trial court requires reversal of murder conviction

People v. Howard (Cal. Ct. App., Aug. 27, 2024, No. H050156) 2024 WL 3947977, at *1 Summary: Howard shot a man at a nightclub in San Jose. At trial, Howard testified that he acted in self-defense. A jury convicted him of second degree murder. After the jury’s verdict but prior…

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Police do not need any additional justification to order driver out of the vehicle after lawful traffic stop

People v. Ramirez (Cal. Ct. App., Aug. 20, 2024, No. G063224) 2024 WL 3869450, at *1 Summary: Under the Fourth Amendment to the United States Constitution, “once a vehicle has been lawfully detained for a traffic violation, a police officer may order the driver to exit the vehicle without any…

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Certificate of Probable Cause needed to appeal attorney’s failure to request pretrial mental health diversion

People v. Moore (Cal. Ct. App., Aug. 9, 2024, No. A167918) 2024 WL 3754712, at *1–2 Summary: Moore pleaded no contest to the charge of stalking in violation of Penal Code section 646.9, subdivision (a).  Moore appealed, challenging his permanent revocation of probation following his admission to a probation violation…

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Restitution for victim can be ascertained and imposed even after probation terminated

THE PEOPLE, Plaintiff and Respondent, v. SCOTLANE McCUNE, Defendant and Appellant. (Cal., Aug. 8, 2024, No. S276303) 2024 WL 3736802, at *1–2 Summary: California law mandates that individuals who are convicted of a crime must be ordered to make full restitution to their victims “in every case, regardless of the…

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Misuse of tablets issued to CDCR inmates is not computer fraud or grounds to deny access to computers

In re JOSE OLIVERAS on Habeas Corpus (Cal. Ct. App., Aug. 2, 2024, No. A168677) 2024 WL 3633748 Summary:Oliveras challenged a disciplinary report revoking his computer access and making him ineligible for computer-access-required work assignments or programming because of being found with contraband pornographic images on a tablet device. The…

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Dismissal of charges for violation of right to speedy trial based on COVID-19 pandemic

Mendoza v. Superior Court of City and County of San Francisco (Cal. Ct. App., June 15, 2024, No. A170135) 2024 WL 3408756, at *1–2 Summary: Mendoza appealed an order denying a motion to dismiss misdemeanor charges against her for violation of the speedy trial statute, Penal Code section 1382. The…

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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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