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Since 1985 San Francisco Traffic Law Clinic

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People v. Barton (Cal. Ct. App., Aug. 4, 2020, No. F076599) 2020 WL 4462790

Facts: Barton pleaded guilty to furnishing methamphetamine (Health & Saf. Code, § 11379, subd. (a)) and maintaining a place for the sale of a controlled substance (id., § 11366). Barton admitted to having twice been convicted of violating section 11379. In her plea agreement, Barton waived her appeal rights and she received a stipulated prison sentence of eight years eight months, which included a pair of three-year enhancements for the drug-related priors.

Barton entered her plea on September 25, 2017 and was sentenced on October 23, 2017. On October 11, 2017, Governor Brown approved Senate Bill No. 180 (2017–2018 Reg. Sess.) which went into effect on January 1, 2018. The legislation amended section 11370.2 by eliminating its three-year enhancements for most drug-related prior convictions.

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A Marin County Superior Court judge has ordered the California Department of Corrections and Rehabilitation (CDCR) to respond by August 4, 2020, in an expedited briefing schedule, to petitions requesting immediate release of 21 people at San Quentin State Prison. The petitions were filed by inmates at San Quentin in pro per and by and attorneys representing inmates, including the San Francisco Public Defender.

The petitions address the COVID 19 outbreak at San Quentin that has infected over  2,000 people living and working at San Quentin, resulting in staffing shortages, lockdown, and fear for those incarcerated  and their families. The  COVID-19 infection rate in San Quentin is 63% while California’s infection rate is 1%.

“Incarcerated people at San Quentin are scared to death,” said Marin County Public Defender Jose Varela. “Judge Howard has ordered CDCR to respond. And his seeking quick input from all parties reflects the important human rights issues at the heart of this litigation.”

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Robinson v. Lewis, 2020 WL 4045925, Supreme Court of California, S228137, July 20, 2020

A challenge to a state judgment of conviction through a petition for a writ of habeas corpus in state court must present each claim in a timely fashion. However,  California law does not fix a determinate deadlines. An indeterminate ‘reasonableness’ standard is used to assess whether a claim was presented in a timely manner.  In this case, Robinson, a prison inmate filed a petition for a writ of habeas corpus challenging his state court judgment in the superior court. Sixty days after the  court denied the petition, he filed a new petition for a writ of habeas corpus in the Court of Appeal raising the same claims. The Court of Appeal denied the petition and he filed a new original petition for a writ of habeas corpus in the Supreme Court. After a denial by the Supreme Court, he filed a petition for a writ of habeas corpus in federal district court challenging the same judgment. The petition was denied, and Robinson appealed to the United States Court of Appeals for the Ninth Circuit.

Federal time limits and timely filing in state courts-Ninth Circuit Request for clarification.

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The Berkeley City Council approved a measure that would create a new Department of Transportation and remove police from traffic stops. The use of unarmed public works officials to enforce traffic laws is aimed at reducing racial profiling and  law enforcement contacts that can escalate into violence, especially for Black drivers.

The Berkeley City Council measure removing  traffic from law enforcement is the first of its kind in the U.S. and is likely to be emulated as other cities adopt public safety reforms following the death of George Floyd in May.

Studies have shown Black motorists are much more likely to be stopped by police than whites for minor traffic infractions that turn fatal. For example,  Philando Castile, 32, was shot and killed after he was pulled over for a busted tail light during a traffic stop in 2016 in Minnesota. Sandra Bland, 28, died in a jail cell three days after being stopped for failing to signal when changing lanes in Texas in 2015.

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People v. Stamps, 2020 WL 3525176 (California Supreme Court; S255843: June 25, 2020)

Summary:

Stamps agreed to a plea bargain that included a prior serious felony enhancement (Pen. Code, § 667, subd. (a)). While his appeal was pending, a new law went into effect that gave the trial court authority to strike a serious felony enhancement in furtherance of justice (Pen. Code, § 1385, subd. (a)), a power it did not previously have. The California Supreme Court held that a certificate of probable cause (Pen. Code, § 1237.5) was not necessary to claim on appeal that the new law applied to him retroactively;

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The California DMV resumed behind-the-wheel testing beginning Friday, June 26.  Drivers and DMV instructors will be required to wear face masks and drivers will be asked to lower two windows to increase air flow in the car. Pre-test instructions will be given  outside the car. DMV examiners will also wear gloves and place plastic covers on the passenger seat and floorboard as precautions against transmission of the coronavirus. Applicants will be required to wear a face covering and answer screening questions before starting the exam. Temperature checks will be added to safety protocols  in the coming weeks.

There has been a  three month backlog of behind-the-wheel testing as a result of  the DMV closing all of its 169 field offices and cancelling  all appointments in March due to the coronavirus pandemic. Some offices were reopened in May and the rest resumed operations in June, but no behind-the-wheel tests have taken place since mid-March.

The DMV will automatically reschedule all canceled driving test appointments and  anticipates it will take several weeks to complete testing for previously canceled tests. Appointments for new behind-the-wheel tests will not be available until previously canceled tests are completed.

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The People, Plaintiff and Appellant, v. Lula Sophia Gong Cotsirilos et al., Defendants and Respondents., 2020 WL 3396240 (Cal.App. 4 Dist.) (Cal.App. 4 Dist., 2020)

Summary:

Two defendants cited for underage alcohol infractions filed a motion  to suppress the evidence. The prosecution did not file an opposition or appear at the suppression hearing but did subpoena the two investigating officers. The superior court granted the suppression motions based solely on the People’s failure to respond or appear. The appellate division of the superior court agreed, concluding that while no written opposition was required, the People’s failure to respond or appear compelled suppression.

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People v. Hughes, 2020 WL 3071948 (Cal.App. 4 Dist., E069445; Filed 06/10/2020)

Facts:

After drinking, Michael Dwayne Hughes hit a PT Cruiser whose driver failed to yield to him, killing the driver and her two children, who were passengers. Hughes, who had a prior conviction for driving under the influence, was charged with three counts of murder, on the theory he knew the risk of driving while intoxicated but drove anyway.

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People v. Rodriguez, 2020 WL 2563833 (Cal.) (Cal., 2020) Supreme Court of California; S251706; May 21,2020

Summary: The California Supreme Court held that a prosecutor impermissibly vouched for witness credibility by telling the jury in closing argument that two testifying officers would not lie because each would not put his “entire career on the line” or “at risk” and would not subject himself to “possible prosecution for perjury.” The Supreme Court found that the error was prejudicial and reversed the judgment of conviction.

Rodriguez charged with assault on a correctional officer

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