Ccap case summaries. A petition was filed charging J.
Ccap case summaries. 5th 688 and Senate Bill No.
Ccap case summaries We endeavor to include summaries of all recent published opinions, and to post them within 1-3 workdays of issuance of the Jun 30, 2023 · Mother told the Agency she had previously lived in Florida and Arizona and mentioned a prior child welfare case involving the minors in Texas, but assured the Agency that the case had… The juvenile court erred by failing to determine if it had jurisdiction over the minors under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) . The prosecutor also implied it would be bad publicity to search an African American’s residence in Morgan Hill. § 1385), but suppression of evidence was not required. Neither the Agency nor the juvenile court inquired of Mother or relatives regarding possible Indian ancestry. 22, subd. ca. 192, subd. ” PC 1172. Police used… Dec 11, 2024 · The Racial Justice Act (RJA) does not authorize a freestanding motion for discovery; it only authorizes discovery in a pending proceeding under section 745 (a). Supreme Court in criminal, juvenile, and civil commitment cases. Appellants had been charged with murder and other charges to benefit a criminal street gang under PC 186. Case #: A166150, Court: CA Court of Appeal, District: 1 DCA, Division: 1, Opinion Date: 05/17/2023 Case Holding: There was insufficient evidence to support jurisdictional and dispositional findings as to Father where there was no evidence that domestic violence or substance abuse was ongoing. Because the officer… Jan 29, 2002 · In a trial for first degree murder and stalking, the trial court erred when it admitted appellant s confession, which was given after inadequate Miranda warnings. Charts & Calculators; Court and County Directory; State Facilities; Motion Samples; News & Updates; Criminal Case Summaries; Dependency Case Summaries “Residual clause” of CRC rule 4. The warnings failed to advise appellant of his right to have counsel present before and during questioning. The defendant argued on appeal that the trial court’s evidentiary rulings were influenced by implicit racial bias in violation of the RJA. Le and Yang committed a drive-by shooting on a group they believed were… Gang expert opinion based on mere speculation as to probabilities, rather than reasonable inferences drawn from observable facts, does not provide substantial evidence to support a gang enhancement. Defendant drove a stolen truck while under the influence of methamphetamine. We endeavor to include summaries of all recent published opinions, and to post them within 1-3 workdays of issuance of the Dec 18, 2024 · This page contains short summaries of recent published opinions issued by the California Supreme Court, Courts of Appeal, and Appellate Divisions and the U. She was convicted of attempted murder, as well as other charges. The minor I. ” Here, the inmate’s stage IV cancer, although incurable, was controlled and suppressed through treatment, and therefore “currently” outside the Effective Jan. Charts & Calculators; Court and County Directory; State Facilities; Motion Samples; News & Updates; CCAP Case Summaries When a petition filed under Welfare and Institutions Code section 827 provides a reasonable basis to believe exculpatory or impeachment evidence exists in a confidential juvenile file, the juvenile court must conduct an in camera review of the records. The Agency did not inquire with relatives about Indian heritage, despite being in contact with them throughout the case. Feb 13, 2022 · The Wisconsin Court System protects individuals' rights, privileges and liberties, maintains the rule of law, and provides a forum for the resolution of disputes that is fair, accessible, independent and effective. E. 6 proceedings, a prior jury finding of intent to kill does not conclusively establish that the petitioner is ineligible for relief at the prima facie stage because intent to kill does not establish any valid theory of liability by itself. He ultimately received an aggregate 51-year term in 2005 as part of his plea… Geofence warrant satisfied the probable cause and particularity requirements of the Fourth Amendment and was not overbroad. Defendant pleaded guilty to two counts of lewd acts upon a child under the age of 14 (Pen. We endeavor to include summaries of all recent published opinions, and to post them within 1-3 workdays of issuance of the Senate Bill No. 1. 9 provides broad post-conviction discovery rights to petitioners sentenced either to death or to life without possibility of parole, and is not limited merely to assisting in the reconstruction of defense counsel files. 7 to dismiss the information. courts. The evidence at trial showed that defendants participated in smuggling Brazilian citizens, Ana and her… Skip Navigation Menu. On appeal, he argued that instructing the jury on preponderance of the evidence and clear and convincing evidence as the burdens of proof of extension of the statute of limitations… “A police officer does not become the target of an investigation merely by being a witness in a criminal case. Without consent, officers drew Toure’s blood and test results showed a . We endeavor to include summaries of all recent published opinions, and to post them within 1-3 workdays of issuance of the Substantial evidence supported the trial court’s finding the defendant was voluntarily absent under PC 1043, and the court did not abuse its discretion in denying a requested continuance. Defendant declined to be interviewed by either doctor. (h)(1)(B)) who are “placed” in the state hospital to be confined in county jail indefinitely while waiting for bed space. 26, subd. ” When the prosecution is informed that a police officer’s personnel file may contain Brady material, it satisfies its Brady obligation by providing this information to the defense; it does not have an obligation to seek Pitchess Insufficient evidence supported the jurisdiction findings where the Agency presented no evidence that 15-year-old male sibling was at risk from Stepfather’s sexual abuse of sister. Schultz entered a plea to driving under the influence causing injuries. Following a jury trial, Lara was convicted of a violation of Vehicle Code section 10851 based on evidence he drove a stolen car. Diaz was convicted of first degree murder based on evidence that he shot and killed a street… This page contains short summaries of recent published opinions issued by the California Supreme Court, Courts of Appeal, and Appellate Divisions and the U. However, appellant testified at trial, and the contents of his testimony were virtually… NCIS investigation of state law offenses committed by civilians violated Posse Comitatus Act (PCA) (18 U. In 1999, in response to paranoid ideation, Jenkins attacked her 82-year-old landlord with a hammer. (Veh. The cases in these compendiums cover pending and decided issues of interest to counsel concerning criminal, juvenile, dependency, and mental health law, as well as capturing cases and issues addressing relevant procedures, practices and ethics for lawyers. A stricken enhancement is not an imposed enhancement within the meaning of section 1172. We endeavor to include summaries of all recent published opinions, and to post them within 1-3 workdays of issuance of the The Indian Child Welfare Act (ICWA) is consistent with the authority granted to Congress by Article I of the Constitution. 95 petition to obtain resentencing under SB 1437. Charts & Calculators; Court and County Directory; State Facilities; Motion Samples; News & Updates; CCAP Case Summaries Trial court did not err in refusing to instruct jury that voluntary intoxication is a defense to vandalism. (a)). The People alleged that defendant shot and killed four men in a drive-by shooting committed for the benefit of “Page Street,” which the People alleged is a “criminal street gang” under Penal… In an automatic appeal in a capital case, the Supreme Court affirms the judgment in its entirety and holds, inter alia, that: (1) there was no good cause to stay the appeal for defendant to file a RJA motion (PC 745), as the claim was not “intertwined” with issues on appeal; (2) substantial evidence supported…. Defendant pleaded no contest to… Vehicle Code section 20001, subdivision (c), provides a sentence enhancement for gross vehicular manslaughter when an intoxicated driver flees the scene of the crime and there is substantial evidence to support the finding when the driver leaves her car and identification before fleeing. 1(b)(2) requires proof Defendant was ineligible for PC 1172. The court of appeal determined the court’s rulings were not motivated by racial bias or animus… Appellate forfeiture rule applies to trial court’s order for defendant to pay probation-related costs and attorney’s fees, where there is no objection to order. And while it may be misconduct to call the defense case a “sham” or a “scam,” the words used here were “silly” and “ridiculous,” and those comments went… Although the evidentiary bar is low, a victim restitution award must be supported by some evidence of the impact of the defendant’s crimes on the particular victim. Defendants Canizales and Windfield were tried for first… The crime of driving under the influence causing injury is necessarily included in the offense of vehicular manslaughter without gross negligence [while driving under the influence. At the disposition hearing, the juvenile court found section 362, subdivision (c) was applicable because the minors remained… United States (2015) 575 U. Appellant pleaded no contest to vehicular manslaughter without gross negligence [while intoxicated] (Pen. We endeavor to include summaries of all recent published opinions, and to post them within 1-3 workdays of issuance of the The Court of Appeal first determined that Koenig is not a nonviolent offender under the relevant CDCR regulations and case law, so he is excluded from early parole consideration under Proposition 57. Code, § 23153, subds. Penal Code section 1382, subdivision (a), requires dismissal of an action not brought to trial within a specified… Under the provocative act murder doctrine, when defendant personally acts willfully, deliberately, and with premeditation in the attempted murder of the victim who then kills defendant’s accomplice, and the attempted murder is a proximate cause of the death, defendant is liable for first degree murder of his accomplice. Jones was convicted of second degree murder and child abuse following the death of her four-month-old daughter. 1, 2022, PC 1109 requires bifurcating gang enhancements from their underlying offenses upon defense request (PC 1109(a)) and requires a separate trial for any PC 186. Code section 366. Victim J. He damaged… The appellate court affirmed the district court s denial of Lyle and Erik Menendezes petitions for habeas corpus. (a)(1)) and a serious felony gang enhancement (Pen. 421(c), which permits finding circumstance in aggravation based on “[a]ny other factors . 5th 688 and Senate Bill No. (a) & (b). In April 2000, the court placed appellant on probation for three years. The case went to trial and twice resulted in deadlocked juries. CCAP Resources. Skip Navigation Menu. While on probation, the court denied Zamora’s request to reduce the offense to a misdemeanor under Proposition 47, finding Zamora ineligible for Proposition… The Court of Appeal affirms appellant’s conviction of VC 20001 after jury trial. In 1995, when Garcia was 17 years old, he committed violent… Aug 8, 1994 · Welf. 6(d)(3) proceedings. was shot and killed in the front porch area of his home. Under section 23552(a), if a person convicted under section 23550 receives probation, “the court shall impose as [a] condition[] of probation that the… Carrying knives in a backpack does not result in a violation of former Penal Code section 12020, subdivision (a)(4) (carrying a concealed dirk or dagger), because the statute requires that the item be concealed upon his or her person. D. On appeal she argued her waiver of jury trial was involuntary. ” Although the detective later told Perez that the district attorney would make the ultimate decision with respect to whether he was charged, these statements were made after Perez It is unlawful for mentally incompetent Murphy conservatees (Welf. Code, § 11377, subd. After Serrano was charged with various drug offenses, he filed a pretrial discovery motion requesting that the trial court conduct an in camera… Defendants who were charged with kidnapping for ransom were properly convicted of two uncharged lesser included offenses, neither of which is an included offense of the other. The Court of Appeal grants the petition and orders petitioner’s release, finding that petitioner could not be transferred to adult criminal court, post-Prop. We endeavor to include summaries of all recent published opinions, and to post them within 1-3 workdays of issuance of the Indian Child Welfare Act (ICWA) issues on appeal are not mooted by the dismissal of the dependency when a guardianship is ordered. 68, was… Assembly Bill No. From 2000 to 2005, Allison pleaded no contest to multiple violent felonies in three different cases. 22(a) offense charged with a non-gang crime (PC 1109(b)). Procedures; LPS Act at a Glance; LPS Conservatorship at a Glance; MDO Cases at a Glance; NGI Cases at a Glance Warrantless nonconsensual blood draw was justified by exigent circumstances following arrest for driving under the influence. When a defendant presents substantial evidence of imperfect self-defense, the trial court’s failure to instruct on that theory precludes the jury from making a factual finding essential to prove the malice element of murder, and results in federal… Trial court’s order recommitting Mentally Disordered Offender (MDO) reversed because there was insufficient evidence the offender currently represents a substantial danger of physical harm to others. Oklahoma (1985) 480 U. 6(d)(3). The murder of the victim was an independent intervening act on which appellant’s liability for the murder could not be based. The court declared a doubt as to his competency and suspended criminal… Feb 26, 2025 · Grand jury transcripts are admissible at PC 1172. This page contains short summaries of recent published opinions issued by the California Supreme Court, Courts of Appeal, and Appellate Divisions and the U. Code, § 288(a)). Defendant Frutoz was convicted of being a felon in possession of a firearm (Pen. Minor was removed from parents due to domestic violence. gov/opinions There was no prosecutorial misconduct here, where, in summation, the prosecutor argued that a report, challenged as to accuracy, was accurate, and this does not constitute vouching. 75, subdivision (a) because it cannot result in a lesser sentence. As such, character evidence is premised on a continuity of character over time as opposed… Menu. 2, subdivision (b) initial inquiry requirements apply when a minor is brought into custody pursuant to a warrant (§ 340). In 1995 Vasquez was convicted of sex offenses against minors. Procedures; LPS Act at a Glance; LPS Conservatorship at a Glance; MDO Cases at a Glance; NGI Cases at a Glance Jan 15, 2025 · The Court of Appeal holds that the Racial Justice Act permits a defendant to file a stand-alone postjudgment discovery motion before filing a habeas corpus petition. 36(g) based on defendant’s uncharged criminal conduct. A criminal defendant has a constitutional right… Juvenile court did not err under the RJA when it declined to dismiss or reduce petitioner’s charge or impose another remedy. ). . ’s request for electronic monitoring release, a visiting judge referenced R. & Inst. Contrary to the arguments presented by both parties on appeal, the court of appeal found that grand jury proceedings are akin to a preliminary hearing, and therefore, grand jury testimony constitutes evidence previously admitted at “any prior hearing” as proscribed by section 1172. Defendants Eid and Oliveira were charged with two counts of kidnapping for ransom. 75 resentencing because the prison prior enhancement had been stricken, rather than imposed and stayed. Showing a witness three six-pack photo lineups did not offend due process. Charts & Calculators; Court and County Directory; State Facilities; Motion Samples; News & Updates; CCAP Case Summaries Menu. In 2022, section 1170(b) was amended to provide that the trial court shall in its discretion impose a sentence not to… In Penal Code section 1172. In 2006, a jury convicted Curiel of first degree murder and… Jul 25, 2024 · This page contains short summaries of recent published opinions issued by the California Supreme Court, Courts of Appeal, and Appellate Divisions and the U. “Prior to Proposition 57, it was settled that an inmate is currently serving a prison term for a violent felony if it is part of the inmate’s Skip Navigation Menu. The court bifurcated the gang allegations but allowed evidence of the gang’s violence/illegal activities to prove appellants’ “intent, motive, conspiracy, and aiding and abetting. Soriano, a gang member, was walking in his gang’s territory with an associate member when they both were detained. 1(b)(2). There was no evidence that Mother had been abusing substances in the years between the prior and present dependency cases or in the six months between when the petition was filed and when the jurisdiction hearing occurred. 9 should first be made in the court… Criminal Case Summaries; Criminal Fines; Guilty Plea Resources; Judge Couzens’ Memos; Jury Instructions; Murder SB 1437; People’s Appeals; Prop 57; Victim Restitution; Wende Brief; Delgadillo Brief; Mental Health. Procedures; LPS Act at a Glance; LPS Conservatorship at a Glance; MDO Cases at a Glance; NGI Cases at a Glance Under the facts of this case, “there can be no doubt that [the detective] made an express promise of leniency that was a motivating cause of Perez’s confession. Resources. The District Attorney filed motions opposing the… Defendant’s prior juvenile adjudication for sexual battery did not disqualify him from obtaining Proposition 47 relief. A petition was filed charging J. West (1970) 3 Cal. Charts & Calculators; Court and County Directory; State Facilities; Motion Samples; News & Updates; CCAP Case Summaries The plain language of Vehicle Code section 23552 requires that DUI offenders convicted under section 23550 and granted probation must serve at least 180 days in county jail, not at a rehabilitation facility. … The Supreme Court analyzed the statutory language of section 186. Minors were detained following 17-year-old S. The crime was… A police officer in his initial interrogation of appellant intentionally continued the interrogation in deliberate violation of Miranda, in spite of appellant’s repeated (nine times) invocation of his right to remain silent and his request to speak with an attorney. Defendant was identified as a suspect in the shooting based on cellular location data and identifying information returned pursuant to a geofence warrant to… Jul 13, 2005 · Two doctors for the State testified that defendant suffered from pedophilia and that he was likely to commit sexual predatory acts if released. Nelson, which held that negligence as well as purposeful pre-accusation delay may violate due process, applies where the crimes occurred after the passage of the truth-in-evidence provision of the California Constitution. 1950 applies retroactively to reduce the maximum term of probation in cases not yet final, unless the defendant’s conviction comes within an exception set forth in Penal Code section 1203. The statutory framework governing the placement of conservatees requires them to be placed in a treatment facility that adequately promotes… Trial court’s unauthorized pretrial order reducing a felony to a misdemeanor was not appealable, but might be reviewable by writ. After the second mistrial, the trial court dismissed the… Jun 12, 2018 · The Indian Child Welfare Act (ICWA) section 224. He found evidence of a computer accessing child pornography and turned… Where an Indian Child Welfare Act (ICWA) inquiry is inadequate, conditional reversal is required. Fitch (1997) 55 Cal. Responding officers were unable to perform field sobriety tests because Toure was resistant and combative. Code, § 273. (2024) 100 Cal. Procedures; LPS Act at a Glance; LPS Conservatorship at a Glance; MDO Cases at a Glance; NGI Cases at a Glance In a habeas proceeding where no “new trial” is ordered, a peremptory challenge to the judge is subject to the 10-day deadline under Code of Civil Procedure section 170. Charts & Calculators; Court and County Directory; State Facilities; Motion Samples; News & Updates; CCAP Case Summaries This page contains short summaries of recent published opinions issued by the California Supreme Court, Courts of Appeal, and Appellate Divisions and the U. As part of a plea agreement, Todd pleaded no contest to three counts of receiving stolen property in exchange for a stipulated sentence that included… This page contains short summaries of recent published opinions issued by the California Supreme Court, Courts of Appeal, and Appellate Divisions and the U. The California Supreme Court holds PC 1109 is not retroactive to cases where judgment is not yet final, as… For a court in California to have jurisdiction in a criminal case it must have jurisdiction over the person and the subject matter, with subject matter jurisdiction being predicated on the offense. … The defendant’s admissions, the circumstances, and the victim’s testimony supply substantial evidence of the offense of rape as defined in Penal Code section 261, subdivision (a)(4), where a person is at the time unconscious of the nature of the act and this is known to the accused. While driving under the influence of alcohol, appellant collided with a motorcycle… Skip Navigation Menu. A jury convicted Ledesma of rape and kidnapping to commit rape, and found true allegations under the One Strike law. Charts & Calculators; Court and County Directory; State Facilities; Motion Samples; News & Updates; CCAP Case Summaries The trial court had no sua sponte duty to give the jury a limiting instruction on the purposes for which they could consider the prior acts of domestic violence under section 1109, where neither the defense nor the prosecution requested such an instruction. Code, § 12022. Charts & Calculators; Court and County Directory; State Facilities; Motion Samples; News & Updates; CCAP Case Summaries A defendant’s consent to continuance of the trial to a date within the 10-day grace period specified in Penal Code section 1382, subdivision (a)(3)(B), restarts the 10-day period within which the case must be brought to trial. 5 in appropriate cases. 2(b)(1) “requires, at a minimum, an illness that is progressing toward death at the time the petition is filed. with petty theft and two counts of lewd conduct. S. 4 does not bar… Warrantless search of a decedent’s electronic devices after his death did not violate CalECPA because the parents gave valid consent. The federal district court granted petitioners’ motion for summary judgment and a divided Fifth… Compassionate release properly denied where inmate did not suffer from illness “with an end-of-life trajectory. In 1992, Woodward was charged with murder. The juvenile court found that ICWA did not apply and… Penal Code section 1054. Petition denied because PC 1203. Criminal Case Summaries; Criminal Fines; Guilty Plea Resources; Judge Couzens’ Memos; Jury Instructions; Murder SB 1437; People’s Appeals; Prop 57; Victim Restitution; Wende Brief; Delgadillo Brief; Mental Health. The appellate court held… Where criminal charges have already been filed, post-charging witness dissuasion alone does not constitute an offense under Penal Code section 136. This page contains short summaries of recent published opinions issued by the California Supreme Court, Courts of Appeal, and Appellate Divisions and the U. Zamora pleaded no contest to felony drug possession (Health & Saf. … Criminal Case Summaries; Criminal Fines; Guilty Plea Resources; Judge Couzens’ Memos; Jury Instructions; Murder SB 1437; People’s Appeals; Prop 57; Victim Restitution; Wende Brief; Delgadillo Brief; Mental Health. The Court of Appeal… Trial court erred under Miranda by admitting defendant’s statements to police that were elicited after police assured him they would not ask questions about a particular crime but did so anyway. Justice Liu filed a concurring opinion, in which Justice Evans concurred. ” The Court of Appeal… Appellant was charged with forcible lewd acts on his daughter pursuant to an extension of the statute of limitations under former Penal Code section 803(g). Although the order is not an appealable order, the appeal was treated as a petition for writ of mandate. Petitioner Mendoza filed a petition for writ of habeas corpus in which she claimed she received ineffective assistance of counsel at her sentencing hearing. 7 and was placed on Petitioner, who was 15 years old at the time of his offense and arrest, and who was sentenced to the functional equivalent of LWOP (107 years), petitioned for recall and resentencing under PC 1170(d). Ledesma appealed, arguing that the crime of aggravated kidnapping and the One Strike law… Skip Navigation Menu. We endeavor to include summaries of all recent published opinions, and to post them within 1-3 workdays of issuance of the Feb 27, 2025 · The single incident of intoxication in this case did not result in any harm to the minors, who were otherwise thriving. On… Criminal Case Summaries; Criminal Fines; Guilty Plea Resources; Judge Couzens’ Memos; Jury Instructions; Murder SB 1437; People’s Appeals; Prop 57; Victim Restitution; Wende Brief; Delgadillo Brief; Mental Health. Charts & Calculators; Court and County Directory; State Facilities; Motion Samples; News & Updates; Criminal Case Summaries; Dependency Case Summaries Opinion by: Justice Groban (unanimous decision). Defendant was detained without reasonable suspicion where an officer pulled in behind the defendant’s car, which was stopped on the side of a residential street with its fog lights on, and pointed spotlights at the car. District: 1 DCA , Division: 2 , Case #: A161417 , Opinion Date: 8/16/2021 Case Holding: Mother was denied due process when the juvenile court's amendments to the Welfare and Institutions Code section 300, subdivision (b) allegations materially varied from the original petition. Mother denied that the abuse had occurred. A blade was located in Soriano’s pants. 22. Not only did the officer continue questioning, but he badgered appellant, accusing him of lying… Aggravated assault instruction may improperly allow jury to convict a defendant of assault with a deadly weapon even if it rejects the idea the instrument was inherently deadly or employed in a manner capable of causing death or great bodily injury. … In this case, appellant drove in a rented Hummer to the Mendocino County fairgrounds for a music festival. The juvenile court found jurisdiction over the minors based mainly on Father’s substance abuse issues. Code, § 186. Proc. Under People v. Code, sec. The defendant was absent on the second day of jury selection, and the court was informed he had refused transport. We endeavor to include summaries of all recent published opinions, and to post them within 1-3 workdays of issuance of the Criminal Case Summaries; Criminal Fines; Guilty Plea Resources; Judge Couzens’ Memos; Jury Instructions; Murder SB 1437; People’s Appeals; Prop 57; Victim Restitution; Wende Brief; Delgadillo Brief; Mental Health. Appellant was convicted of two counts of assault with a deadly weapon after using… The People satisfied their burden at the preliminary hearing to present evidence that Page Street is sufficiently “organized” to qualify as criminal street gang. 6, subdivision (a)(2). Superior Court (1977) 19 Cal. The panel held that: (1) the admission of a tape-recorded session between petitioners and their therapist did not violate petitioners constitutional due process rights, and the Supreme Court s holding in Ake v. Code, § 29800,… Menu. Character evidence for the purpose of Evidence Code section 1103 comprises something other than evidence of conduct at the time in question because the purpose of character evidence is to show that a person acted in conformity with his character. 81 impact defendant’s sentence because the court was not aware of these legal developments at the time of sentencing. 5, subd. Prior to his release in 2000, the prosecution filed a petition to… Father’s removal from family home and order of supervised visitation falls under section 361, subdivision (c) rather than section 362, subdivision (c). The full opinion is available on the court’s website here: https://www4. Aguilar was convicted of inflicting corporal injury on a spouse (Pen. In 1990, real parties in interest Ferraro and Hunter pleaded guilty to second degree murder based on the same incident. Charts & Calculators; Court and County Directory; State Facilities; Motion Samples; News & Updates; CCAP Case Summaries People v. When pursued by police, Anthony led… Based on the reasoning in Solberg v. 567’s amendments to Penal Code section 1170, subdivision (b) apply retroactively to defendants sentenced to the upper term pursuant to a plea agreement to a stipulated term. The minor sought a writ of prohibition directing the trial court to set aside its order denying her motion to preclude the use of physical restraints on all minors who appear in juvenile delinquency court absent an individualized determination of the need… Defendant failed to satisfy his burden to show trial court’s statements and evidentiary rulings violated the RJA. General jurisdiction cases include all other matters. An intoxicated Toure drove his truck against traffic and caused an accident. During the plea colloquy, defendant agreed that… Jun 15, 2011 · A summary revocation of probation suspends the running of the probation term in all cases not only in those cases in which it is subsequently proven that a probationer violated the terms of probation during the original probationary term. 348 and related case law, the Court of Appeal concluded that the officers detoured from the traffic stop’s mission of issuing a ticket for the traffic violation by conducting the dog sniff and inquiring into matters unrelated to the traffic violation and these detours prolonged the stop beyond the time reasonably After defendant successfully moved to vacate his conviction and withdraw his plea under PC 1473. An officer began following him, and… Dec 28, 2001 · On the ride to the police station, defendant made incriminating statements in response to the officer s comments (one of which was false) about the evidence against her, and without having been given Miranda warnings. The… This page contains short summaries of recent published opinions issued by the California Supreme Court, Courts of Appeal, and Appellate Divisions and the U. Police officers went to a park in Los Angeles in response to a call of a… A critical fact distinguishes this case from other provocative act murder cases: the actual murderers were not responding to defendant’s provocative act by shooting back at him. The trial court did not err in denying a mistrial based on the prosecution’s comments in violation of the court’s ruling prohibiting the mention of whether immediate assistance could have… CCAP 2024 Dependency Case Summaries In re F. In 2019, they each filed a Penal Code section 1170. App. 00. Charts & Calculators; Court and County Directory; State Facilities; Motion Samples; News & Updates; CCAP Case Summaries Trial court is precluded from imposing both a firearm enhancement (Pen. 3d 595, a defendant may take advantage of a plea bargain while maintaining his… Menu. The defendant was convicted of various drug offenses after police found text messages from him relating to drug sales on the cell phone of a person who died after a suspected drug overdose. After arrival at the station, she signed a written Miranda waiver and fully confessed to the crime. We endeavor to include summaries of all recent published opinions, and to post them within 1-3 workdays of issuance of the SB 1437 did not unconstitutionally amend Proposition 7 or Proposition 115. C. as a “‘gang banger,” commented that gang involvement was “in his blood,” “in his culture,” and “he can’t get it out… The asportation requirements of the aggravated kidnapping statute and One Strike law sentencing enhancement for aggravated kidnapping are not unconstitutionally vague. 6. 15… Mar 12, 2025 · During closing argument in a rape trial of a former NFL player, the prosecutor asserted that the police did not search appellant’s house for a gun because he was a famous Black man. This includes Small Claims and most Unlawful Detainers. Code, § 5008, subd. Reynoza was found guilty of dissuading a witness under section 136. When denying R. Hernandez and A. At sentencing, the court read a victim… Skip Navigation Menu. Charts & Calculators; Court and County Directory; State Facilities; Motion Samples; News & Updates; Criminal Case Summaries; Dependency Case Summaries Skip Navigation Menu. 6) even though the blanket challenge substantially disrupts the trial court’s operations. The three younger siblings all denied that they… Sufficient evidence supported defendant’s second degree murder convictions because a jury could reasonably infer he acted with conscious disregard for life when he drove a stolen truck while high on meth and attempted a risky escape from police. [Editor’s Note: This court expressly disagreed… Dec 31, 2024 · A defendant who enters a West plea, admitting the preliminary hearing transcript contains a factual basis for the plea, is not barred as a matter of law from resentencing pursuant to Penal Code section 1172. Nowhere in People v. … Petitioner was not required to obtain certificate of probable cause (CPC) prior to filing a habeas petition in the superior court challenging his unlawful sentence. In 1994, appellant, a lawful permanent resident, pled no contest to two of the three charged counts of Penal Code section 422. Appellants and their accomplice threatened to kill… Defendant who was 17 years old when he committed multiple sexual offenses is entitled to a remand of his case for a new juvenile fitness hearing because after Proposition 57 the criteria changed to determine whether a minor is fit for juvenile court treatment. 4th 172, or People v. In a 2012 murder case, Judge Goethals found that Orange County law enforcement… Trial court properly dismissed SVP petition for violation of defendant’s right to speedy trial based on 17-year delay caused by “systemic breakdown in the public defender system,” which was attributable to the state. 7, the trial court denied his motion under section 1473. Mother appealed the jurisdiction and disposition orders, raising… When a defendant found incompetent to stand trial does not regain competence and is released following a three-year involuntary commitment, he may be rearrested on charges that are refiled under Penal Code section 1387. spent the night at her… Skip Navigation Menu. (c)(3)) in count one, and driving under the influence of alcohol causing… Opinion By: Chief Justice Cantil-Sakauye (unanimous decision) Legislation ameliorating punishment presumptively applies in a case where a defendant is placed on probation with execution of an imposed sentence suspended if the defendant may still timely obtain direct review of an order revoking probation and causing the sentence to take effect. The court denied the parties’ request for… Case remanded for trial court to consider whether People v. He… Jan 22, 2024 · This page contains short summaries of recent published opinions issued by the California Supreme Court, Courts of Appeal, and Appellate Divisions and the U. Procedures; LPS Act at a Glance; LPS Conservatorship at a Glance; MDO Cases at a Glance; NGI Cases at a Glance When a defendant uses Pitchess motion procedures to access potential Brady material known to be contained in an officer’s personnel file, he is not required to allege specific acts of officer misconduct. (a)); the court found he had a suffered a prior battery conviction within seven years (Pen. Charts & Calculators; Court and County Directory; State Facilities; Motion Samples; News & Updates; CCAP Case Summaries; Panel Victories Juvenile courts cannot have a general policy requiring the shackling of all minors. Anthony, accompanied by fellow gang members, committed a gang-related killing of a man walking on a Berkeley street. Additionally, an order denying a postjudgment discovery motion under the Act is not appealable, rather a defendant’s remedy is by writ of mandate. Preliminarily, the Supreme Court held that a discovery request under section 1054. Tirado (2022) 12 Cal. (b)(1)(B)) when the crime qualifies as a serious felony solely because it involved firearm use. The trial court prejudicially erred by admitting gang evidence. Minors were removed due to parents’ substance abuse and domestic violence issues. R. A police officer with a narcotics-certified dog stopped Vera because his car windows were illegally tinted. Held: Reversed. Jackson was charged with sexual misconduct in Riverside County. After smoking a PCP laden marijuana cigarette earlier in the day, defendant went to a convenience store and became distraught when he entered a storeroom where his only available exit was through a parking garage. At sentencing, the… Trial court properly terminated pretrial mental health diversion and reinstated criminal proceedings pursuant to Penal Code section 1001. The RJA did not create an exception to the general rule that there is no statutory authority for a trial court to entertain a postjudgment motion that is unrelated to… Prohibition against double jeopardy does not bar the refiling of a murder charge where the trial court’s dismissal order was not clearly based on legal insufficiency of the evidence. ’s statements that she had been sexually abused by Stepfather. that reasonably relate to the defendant or to the circumstances under which the crime was committed” violates separation of powers under California Constitution, article III, section 3. was removed after she reported to authorities that she This site includes case information for Civil, Small Claims, Family Law, and Probate. Naval Criminal Investigative Service (NCIS) Agent Logan conducted an investigation for online criminal activity in the State of Washington. The Court of Appeal reversed, concluding there was insufficient evidence to support the witness dissuasion conviction because section 136. While the legislature has properly granted the Judicial… Trial court did not err in denying defendant’s motion to suppress drug evidence where a dog sniff that occurred while an officer was writing a citation did not unconstitutionally prolong defendant’s detention for a traffic stop. 3d 182, a district attorney may disqualify a particular trial judge in every murder case (Code Civ. PC 1385(c)(2), as added by SB 81, provides that a sentencing… Skip Navigation Menu. This case involves the… Menu. The doctors applied the “Static-99” test for predicting whether a person was likely to repeat his sexual offenses and considered other factors as well. In 2014, Jenkins… The “kill zone” theory for establishing the specific intent to kill required for attempted murder is proper when the only reasonable inference from the evidence is that the defendant intended to kill everyone in the zone of fatal harm to ensure the death of his primary victim. [Editor’s Note: In… Stipulation from trial counsel that a factual basis exists for a plea satisfies the requirements of Penal Code section 1192. Yearly Case Review Collections Dependency Update: January—December 2024 CCAP Dependency Case Summaries from January to December 2024 Dependency Update 2024 This area of our site is dedicated to tracking current and archived case activity in both the California and United States Supreme Court. (c)(1)(A)'s exception to the preferred plan of adoption is not unconstitutionally vague, and requires that the parent's relationship with the minor promotes the well-being of the minor to the degree that it outweighs the benefits of a permanent adoptive home. Lazarus, a Los Angeles police officer, was convicted of the 1986 first degree murder of her former lover’s wife. 1(b)(2)). Once there, he parked the Hummer in an area specifically set aside for camping during the festival and then surrounded the Hummer with a tent-like structure that also included smaller tents and an eating area. Charts & Calculators; Court and County Directory; State Facilities; Motion Samples; News & Updates; CCAP Case Summaries Skip Navigation Menu. The People appealed a trial court’s pretrial order reducing a felony to a misdemeanor ostensibly pursuant to PC 17(b); the People also filed a petition for writ of mandate, and the Court of Appeal granted… The CSC holds that Chapman standard of review applies in determining whether, in cases where the judgment is not yet final, remand is required for resentencing pursuant to SB 567, which amended PC 1170(b). Ben C. Charts & Calculators; Court and County Directory; State Facilities; Motion Samples; News & Updates; Criminal Case Summaries; Dependency Case Summaries Murder conviction reversed where defendant’s waiver of jury trial after bare two-question inquiry was not knowing and voluntary. In three challenges, a birth mother, foster and adoptive parents, and the State of Texas challenged ICWA on multiple constitutional grounds. Limited jurisdiction cases are cases in which the dollar amount or value of property in dispute does not exceed $25,000. Shortly after being placed on pretrial mental health diversion, defendant was expelled from his residential treatment program for assaulting fellow participants and destroying property while under the The CSC holds that under the plain language of PC 1385(c)(2), absent a finding that dismissal would endanger public safety, a sentencing court retains the discretion to impose or dismiss enhancements provided that it assigns significant value to the enumerated mitigating circumstances when present. V. In the wee hours of the morning, an officer saw a car parked on a residential street with its… A trial court does not abuse its discretion when it permits the prosecution to introduce evidence of a prior domestic violence conviction under Evidence Code section 1109 through a certified record of conviction, rather than through live testimony by the alleged victim. Defendant was charged with committing domestic violence and other related crimes against his girlfriend… The ameliorative provisions of Proposition 47 apply directly in trial and sentencing proceedings held after the measure’s effective date, regardless of whether the alleged offense occurred before or after that date. 5th 219 Case #: B329192, Court: CA Court of Appeal, District: 2 DCA, Division: 1, Opinion Date: 02/08/2024 (ordered published 4/5/2024) Case Holding: There was insufficient evidence to support the jurisdiction findings where Aug 1, 2024 · This page contains short summaries of recent published opinions issued by the California Supreme Court, Courts of Appeal, and Appellate Divisions and the U. B. , § 170. Defendant pled no contest to one count of possessing MDMA for sale in exchange for a grant of probation and dismissal of a second charge. 22, the legislative history, and relevant case law and concluded the requirement that members “collectively engage in” a pattern of criminal gang activity does not mean that each of the two predicate offenses must be committed in concert with other gang members and cannot be Prosecution may plead and prove “armed with a firearm” allegation when defendant is charged with possession of a firearm by a felon in order to preclude defendant from being sentenced as a second strike offender under Proposition 36. pgabmdjpfujeopskhhkbvjmyhctyepuexlqequvuozkiyobgpmgyzmissvqvnqhjdhnverlpasala
