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Articles Posted in New Criminal Case Law

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Right To a Speedy Trial Attaches at The Time of Arrest and Continues So Long as She Remains Either Formally Accused or Subject to Restraint

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; HAILEY MORGAN LASHELLE, Real Party in Interest. (Cal. Ct. App., Jan. 9, 2026, No. E086512) 2026 WL 73966, at *1–4 Summary: Lashelle (defendant) was charged by Petitioner Riverside County District Attorney’s office (the People) with misdemeanor driving under the…

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People v. Aguilar (Cal. Ct. App., Jan. 2, 2026, No. D083172) 2026 WL 17897, at *1

Juror confusion is a presumptively invalid reason for a peremptory challenge Summary: Aguilar was convicted by a jury of multiple offenses for his involvement in a shootout with San Diego Police Department (SDPD) officers. Before trial, the People exercised a peremptory challenge to strike a prospective juror who the prosecutor…

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Courts must consider a Defendant’s inability to pay before imposing payments

People v. Kopp (Cal., Dec. 29, 2025, No. S257844) 2025 WL 3755596, at *1–5 Summary: Co-defendant Hernandez challenged various punitive fines, along with other ancillary costs, ordered as part of a criminal sentencing. The California Supreme Court held that a challenge to the amount of a criminal fine should initially…

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SF Deputy Sheriif’s Pension improperly forfeited where felony criminal conduct did not arise out of performance of official duties

APRIL D. MYRES, Plaintiff and Appellant, v. BOARD OF ADMINISTRATION FOR PUBLIC EMPLOYEES’ RETIREMENT SYSTEM, Defendant and Respondent. (Cal. Ct. App., Dec. 26, 2025, No. A170516) 2025 WL 3731539, at *1 Summary: The Public Employees Pension Reform Act (PEPRA; Gov. Code, § 7522 et seq.; Stats. 2012, ch. 296, §…

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Mental Health Diversion Should Apply as Broadly as Possible

People v. Cabalar (Cal. Ct. App., Dec. 16, 2025, No. G065108) 2025 WL 3640515, at *1–2 Summary: Penal Code section 1001.36 creates a mental health diversion program has put in place a pretrial means of getting individuals mental health treatment and resources that meet their needs in order to reduce…

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Assembly Bill 1950’s statutory amendments retroactively bar the trial court from adjudicating a probation violation after one year

Kuhnel v. Appellate Division of Superior Court of Contra Costa County (Cal. Ct. App., Dec. 17, 2025, No. A163307) 2025 WL 3652126, at *1–2 Summary: Kuhnel seeks a writ of mandate directing the trial court to terminate her probation on the ground she is entitled to the retroactive benefit of…

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Vacating The Underlying Convictions Does Not “Strike Or Dismiss” Special Circumstance

THE PEOPLE, Plaintiff and Appellant, v. TRAVIS SCOTT FREDERICKSON, Defendant and Respondent. (Cal. Ct. App., Dec. 5, 2025, No. G064577) 2025 WL 3496331, at *1–2 Summary: The Orange County District Attorney appealed after the trial court vacated first-degree murder convictions and imposed judgment on lesser offenses of second-degree murder. (Pen.…

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A habeas petition is not necessary obtain correction of an unauthorized sentence

People v. Cervantes (2025) 115 Cal.App.5th 825 [338 Cal.Rptr.3d 309], as modified on denial of reh’g (Nov. 24, 2025) Summary: Cervantes filed a motion for “rehearing” of denial of a petition for sentence recall and resentencing, based on statutory amendment adding convictions for attempted murder to crimes for which resentencing…

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Unpaid restitution is not grounds to deny expungement of a conviction

THE PEOPLE, Plaintiff and Respondent, v. HAYLEY MACKENZIE MURPHY, Defendant and Appellant. (Cal. Ct. App., Nov. 21, 2025, No. A172224) 2025 WL 3250744, at *1–2 Summary: Murphy filed to expunge her conviction under Penal Code section 1203.4 and reduce her felony conviction to a misdemeanor under section 17.1 The trial…

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