In re Von Staich (Cal. Ct. App., Oct. 20, 2020, No. A160122) 2020 WL 6144780, at *1–2 Petition claiming San Quentin does not adequately protect against COVID-19 infection Ivan Von Staich, incarcerated at San Quentin State Prison,serving a sentence of 17 years to life for a second degree murder consecutive…
People v. Valliant (Cal. Ct. App., Oct. 14, 2020, No. G058568) 2020 WL 6054332, at *1–6 Summary: Valliant petitioned pursuant to Penal Code section 1170.91, subdivision (b),1 which authorizes recall of sentencing for military veterans who suffer from military-related trauma and substance abuse, who did not have those factors considered…
People v. Brown (2020) 52 Cal.App.5th 899, 904–910 [267 Cal.Rptr.3d 79, 84–89, 52 Cal.App.5th 899, 904–910], review filed (Sept. 8, 2020) Brown was convicted by jury of murder and at his sentencing, the trial court resentenced him for a cocaine possession case. He was sentenced to consecutive terms and the…
People v. McCallum (Cal. Ct. App., Sept. 30, 2020, No. B301267) 2020 WL 5810212, at *1 Resentencing under Penal Code 1170(d)(1) Penal Code section 1170, subdivision (d)(1) authorizes the trial court to modify a defendant’s sentence upon a recommendation from the Secretary of the Department of Corrections and Rehabilitation (Department),…
People v. Ogaz, 2020 WL 4581253 (Cal.App. 4 Dist., 2020) 07/14/2020; Modified 08/10/2020 Summary: Ignacio Ogaz appealed his conviction for and argued that his Sixth Amendment right to confront adverse witnesses was violated by the admission of drug testing evidence. The Court of Appeal held that the confrontation clause requires…
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…
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…
People v. Shumake (Cal. App. Dep’t Super. Ct., Dec. 16, 2019, No. 6093) 2019 WL 8128736 Stop by Specialized Dui Patrol Officer: Admission that driver had marijuana in the car While on specialized DUI patrol Berkeley Police Officer Megan Jones stopped a Hyundai with no front license plate, a violation…
People v. Medellin (Cal. Ct. App., Feb. 20, 2020, No. F076022) 2020 WL 830758 The Court of Appeal reversed Samuel Medellin’s convictions for assault with force likely to cause great bodily injury, and their accompanying enhancements for inflicting great bodily injury. The Court found that the prosecutor prejudicially misstated the…
People v. Mendoza, 2020 WL 562981 (Cal.App. 4 Dist., 2020) Conviction for transporting cocaine reversed because of no reasonable suspicion to detain Facts: Blanca Luna Mendoza was convicted of transporting for sale more than four kilograms of cocaine based on evidence a U.S. Customs and Border Protection agent acquired after…