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Articles Posted in New Criminal Case Law

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Before Officers May Detain Someone They Must Be Able To Articulate A Legally Cognizable Reason

People v. Flores (Cal., May 2, 2024, No. S267522) 2024 WL 1919992, at *12 Background to detention In May 2019, Officer Guy and his partner, Michael Marino, were on patrol in the area of Mariposa Avenue, a “known narcotic[s] area[ ]” and “gang hangout.” The officers drove by a cul-de-sac,…

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Trial court has no authority to modify restitution after termination of probation

People v. Koontzy (Cal. Ct. App., Apr. 25, 2024, No. A167703) 2024 WL 1794196, at *1 Summary: Koontzy (appellant) pled no contest to fleeing the scene of an injury accident (Veh. Code § 20001, subd. (a)) and was placed on probation with the condition that she pay victim restitution. Due…

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Gross Vehicular Manslaughter While Intoxicated Is Not A Lesser Included Offense Of Murder

People v. Barooshian (Cal. Ct. App., Apr. 16, 2024, No. D081050) 2024 WL 1629664, at *1 Summary: Barooshian was  convicted him of murder (Pen. Code, § 187, subd. (a)) under a Watson murder theory. In People v. Watson (1981) 30 Cal.3d 290, (Watson), the California Supreme Court concluded that a…

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Liquor store held to be a public nuisance under the drug house law  

The PEOPLE, Plaintiff and Respondent, v.FREETOWN HOLDINGS COMPANY et al., Defendants and Appellants.2024 WL 1325949 (Cal.App. 2 Dist.), 1 Summary: The People of the State of California sued Holiday Liquor for enabling a public nuisance claiming the store allowed illegal drug buyers and sellers to meet for sales. Holiday tolerated…

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Traffic stop resulting in recovery of a gun and drugs was not unduly prolonged

People v Felix, 2024 WL 979674 (Cal.App. 2 Dist.) Summary: Felix was arrested in Utah after being stopped for a traffic violation. He consented to a search of his car which resulted in the recovery of a handgun, ammunition and over five kilograms of methamphetamine. While in custody in Utah…

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Unlawful detention of driver in a parked car requires suppression of evidence found in search

THE PEOPLE, Plaintiff and Respondent, v. ALBERT JACKSON, Defendant and Appellant. (Cal. Ct. App., Mar. 15, 2024, No. B328954) 2024 WL 1131026, at *1 Summary: Two Los Angeles police officers in a cruiser saw Jackson, an African American man,  alone in a parked car. They pulled alongside, boxing Jackson in…

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Misdemeanor DUI is Eligible for Mental Health Diversion

Persiani v. Superior Court, 2024 WL 833043 (Cal.App. 4 Dist.), 1 Summary: A trial court has authority under Penal Code section 1370.01, subdivision (b)(1)(A) to order treatment through mental health diversion for a mentally incompetent misdemeanor defendant charged with driving under the influence. Persiani was charged in four misdemeanor cases…

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Implicit Bias Can Violate the Racial Justice Act

Bonds v. Superior Court; D082187; 2/14/24;2024 WL 617245 (Cal.App. 4 Dist.) Summary: Bonds was charged with a misdemeanor concealed firearm violation filed a motion for relief under the Racial Justice Act. The Superior Court denied the motion and Bonds  filed petition for writ of mandate.The Court of Appeal held that…

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Warrantless search of city streetlight camera footage does not violate Fourth Amendment

The PEOPLE, Plaintiff and Respondent, v.Kevin Eugene CARTWRIGHT, Defendant and Appellant. 317 Cal.Rptr.3d 472 Summary: The Court of Appeal held that police did not conduct a warrantless search when they accessed footage from city’s streetlight cameras that captured defendant’s image. A jury convicted Cartwright of first degree murder with special…

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Burden of proof for Evidentiary Hearing under the Racial Justice Act met through statistical evidence of past discrimination

Michael Earl MOSBY III, Petitioner, v.The SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent;The People, Real Party in Interest. 2024 WL 278040 (Cal.App. 4 Dist.) Summary: Mosby, an African-American defendant who was charged with murder with special circumstances and the prosecutor sought the death penalty,  Mosby petitioned for a writ of mandate…

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