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Articles Posted in New Criminal Case Law

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Assault is not a lesser included offense of knowingly resisting an officer by the use of force or violence

People v. Morgan (Cal., Feb. 26, 2026, No. S286493) 2026 WL 533311, at *1–2 Summary: During a confrontation with law enforcement, Morgan aimed a firearm at police officers, “racked” its slide, and pulled the trigger. The weapon did not discharge and when officers eventually recovered it, it was unloaded. Defendant…

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Electronic search clause is reasonable when devices were used for drug sales

People v. Flores (Cal. Ct. App., Feb. 11, 2026, No. A171602) 2026 WL 378414, at *1 Summary: Flores pleaded no contest to felony possession of fentanyl for sale and was sentenced to two years of formal probation with a condition permitting warrantless searches of Flores’s electronic devices. On appeal, Flores…

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Use of undercover informants in jail cell amounted to a custodial interrogation and violated Miranda

People v. Zapata (Cal. Ct. App., Feb. 10, 2026, No. D084024) 2026 WL 366837, at *1 Summary: A “Perkins operation” is when an undercover operative is placed in a cell with the suspect to obtain information from the suspect. The term derives its name from Illinois v. Perkins (1990) 496…

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Right to counsel is violated when judge communicates with jury with lawyer not present.

People v. Heaps (Cal. Ct. App., Feb. 2, 2026, No. B329296) 2026 WL 266465, at *1–4 Summary: The Sixth Amendment’s right to counsel applies in state criminal trials. (Gideon v. Wainwright (1963) 372 U.S.) That right is violated when a judge communicates with a jury during deliberations “without affording defendant…

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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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Juror confusion is a presumptively invalid reason for a peremptory challenge

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

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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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