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Articles Posted in New Criminal Case Law

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Failure to Provide Proper Notice Under CalECPA Does Not Warrant Suppression of Cell Phone Records

The PEOPLE, Plaintiff and Respondent, v. Christian Steve CAMPOS, Defendant and Appellant.F084307; Filed January 22, 2024 2024 WL 226419 (Cal.App. 5 Dist.), 1 Summary: Campos contends electronic information evidence introduced in his murder trial should have been suppressed because he was not properly notified of its acquisition by the government…

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Denial of Mental Health Diversion must be supported by substantial evidence

Jeanette SARMIENTO, Petitioner, v.The SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent;The People, Real Party in Interest. D082443; Filed January 9, 20242024 WL 94326 (Cal.App. 4 Dist.), 1 Summary: Sarmiento requested mental health diversion (Pen. Code, § 1001.361) after being charged with  attempted robbery. Sarmiento had handed a liquor store clerk…

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A defense attorney’s advice to a defendant to “speak how you speak” does not indicate racial bias to support a violation of the RJA

THE PEOPLE, Plaintiff and Respondent v.DEMETRIUS COLEMAN,Defendant and Appellant. A165198; Filed 1/5/20242024 WL 64082 (Cal.App. 1 Dist.) Summary: A defense attorney’sadvice to a defendant to speak in his or her own voice when he or she testifies does not indicate bias or animus toward a defendant because of his or…

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No exigent circumstances for warrantless blood draw from unconscious driver suspected of DUI 90 minutes after accident

The PEOPLE, Plaintiff and Respondent, v. Francisco Andres ALVAREZ, Defendant and Appellant. 2023 WL 9014911 (Cal.App. 4 Dist.), 1  Summary: In Mitchell v. Wisconsin (2019) 588 U.S. –––– [139 S.Ct. 2525] (Mitchell),  the United States Supreme Court held when a “driver is unconscious and therefore cannot be given a breath…

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A remittitur for a new trial is filed when received by the court clerk and starts the 60 day speedy trial right

Adam WALSWORTH, Petitioner, v.The SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; The People, Real Party in Interest.C098517; Filed December 20, 2023 2023 WL 8797474 (Cal.App. 3 Dist.), 1 Summary: The Court of Appeal directed the  respondent court to issue an order granting  Walsworth’s motion to dismiss his case. He was denied…

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Denial of right to counsel of choice is a structural error requiring reversal of conviction

THE PEOPLE, Plaintiff and Respondent, v.ALEXANDER ALBERTO FRIAS, Defendant and Appellant. 2023 WL 8658552 (Cal.App. 2 Dist.) Summary: Frias appealed his conviction after the jury found him guilty of stalking. Frias claimed that the trial court, in denying his four requests to substitute the Castaneda Law firm as his counsel,…

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DMV license suspension upheld where blood collection for BAC test did not comply with regulations

Phillips v. Gordon (Cal. Ct. App., Nov. 29, 2023, No. A165289) 2023 WL 8266154, at *1–2 Summary: Phillips appealed from the trial court’s denial of her petition for review of an order of the Department of Motor Vehicles (DMV) suspending her driver’s license for driving with a blood-alcohol concentration (BAC)…

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Separate Punishment For Both Domestic Violence And Simple Assault Violate PC 654

People v. Trammel (Cal. Ct. App., Nov. 21, 2023, No. A166756) 2023 WL 8060573, at *1 Summary: Trammel challenged the trial court’s sentence of an aggregate 12-year prison term for numerous convictions arising out of his violent relationship with his former girlfriend. The Court of Appeal agreed with Trammel that…

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