Articles Posted in New Criminal Case Law

 People v. Tousant (Cal. Ct. App., May 26, 2021, No. A156044) 2021 WL 2134389

 Summary: Tousant challenged the denial of his motion to suppress evidence downloaded from his cellphone, seized after an allegedly illegal search of his car left at the scene of an Oakland shooting. Tousant claimed the trial court erroneously denied his motion to suppress evidence obtained after the Oakland shooting and in violation of his Fourth Amendment right to be free from unreasonable searches and seizures. (U.S. Const., 4th Amend.) The Court of Appeal held that the trial court properly denied the motion to suppress.

Warrantless search is presumptively unreasonable

People v. Houle (Cal. Ct. App., May 18, 2021, No. A159055) 2021 WL 1975277, at *1–5

Summary: Defendant was sentenced to a stipulated six-year prison term after a plea bargain where he pleaded no contest to one count of unlawfully possessing a concealed dirk or dagger pursuant to Penal Code section 21310;1 admitted having a prior strike within the meaning of section 667, subdivisions (d) and (e) and section 1170.12, subdivisions (b) and (c); and serving two prior prison terms within the meaning of section 667.5, subdivision (b).

At the time he was sentenced, section 667.5, subdivision (b) required a one-year enhancement for each prior prison term served for “any felony.”

People v. Fortman (Cal. Ct. App., May 13, 2021, No. B304567) 2021 WL 1920356, at *1

Summary: A murder conviction that may rest on a theory of vicarious liability later invalidated by Senate Bill No. 1437  must stand if the prosecution proves, beyond a reasonable doubt, that the conviction is valid under a still-viable theory of liability. (Pen. Code, § 1170.95, subds. (d)(3) & (a).)

Issue: Does this require the prosecution to convince the trial court hearing the petition to conclude that it would convict defendant on a still-viable theory, or merely to convince that court that a reasonable jury could convict defendant on a still-viable theory?

In re Murray (Cal. Ct. App., Apr. 19, 2021, No. A161687) 2021 WL 1526490, at *1–5

 Summary Paul Murray was sentenced to life in prison without possibility of parole for a first degree special circumstance murder he committed when he was 22 years old. Murray sought a hearing pursuant to People v. Franklin (2016) 63 Cal.4th 261, because he stated was eligible for a Penal Code section 3051 youth offender parole hearing. The trial court denied his request because section 3051 expressly exclude LWOP offenders who were 18 years old or older at the time of their offense. Murray filed a habeas petition and argued that  section 3051 violates his constitutional right to equal protection by affording juvenile LWOP offenders a youth offender parole hearing but denying such a hearing to youthful LWOP offenders. The Court of Appeal concluded that there is a rational basis for distinguishing between juvenile and youthful LWOP offenders in this context, and thus deny his petition.

Murray’s equal protection claim

People v. Secrease (Cal. Ct. App., Apr. 19, 2021, No. A158342) 2021 WL 1538008, at *1

 Summary:In 1998, a jury convicted Secrease of first degree murder and carjacking, finding true a special circumstance charge under section 190.2, subdivision (a)(17)(L) that the murder was committed during a carjacking. (§ 215, subd. (a).) He received a sentence of life in prison without the possibility of parole.

Secrease filed a verified section 1170.95 resentencing petition. The district attorney responded by filing a motion to deny the petition for failure to make a prima facie showing of eligibility for section 1170.95 resentencing relief, and Secrease filed a reply. The court denied the petition without issuing an order to show cause. Secrease appealed and the Court of Appealas decided whether a felony-murder special-circumstance finding by the jury that convicted Secrease in 1998 bars him from pleading a prima facie case for section 1170.95 resentencing relief as a matter of law. The Court agreed with the opinions that have held a prior felony-murder special-circumstance finding does not bar section 1170.95 relief.

Todd Ashker v. Gavin Newsom,  United States District Court For The Northern District Of California, Case 4:09-cv-05796-CW,  Filed 04/09/21

 Background:

Judge Claudia Wilken extended a settlement agreement in a class action for violations of 42 U.S.C. § 1983 brought by plaintiffs Todd Ashker and Danny Troxell, who had lived in solitary confinement in Pelican Bay’s SHU for over two decades. On December 9, 2009, they filed a pro se lawsuit challenging the conditions of their confinement charging  CDCR officials with violating their First, Fifth, Eighth, and Fourteenth Amendment rights.

Smith v. LoanMe, Inc. (Cal., Apr. 1, 2021, No. S260391) 2021 WL 1217873, at *1

Summary: Under Penal Code section 632.7(a), it is a crime when a person “without the consent of all parties to a communication, intercepts or receives and intentionally records, or assists in the interception or reception and intentional recordation of, a communication transmitted between” a cellular or cordless telephone and another telephone.

A violation of section 632.7 also can be pursued in a civil lawsuit.