Todd Ashker v. Gavin Newsom, United States District Court For The Northern District Of California, Case 4:09-cv-05796-CW, Filed 04/09/21 Background: Judge Claudia Wilken extended a settlement agreement in a class action for violations of 42 U.S.C. § 1983 brought by plaintiffs Todd Ashker and Danny Troxell, who had lived in…
Articles Posted in New Criminal Case Law
Recording a phone call without the other party’s consent is a crime (Penal Code section 632.7(a)
Smith v. LoanMe, Inc. (Cal., Apr. 1, 2021, No. S260391) 2021 WL 1217873, at *1 Summary: Under Penal Code section 632.7(a), it is a crime when a person “without the consent of all parties to a communication, intercepts or receives and intentionally records, or assists in the interception or reception…
A Car Accident Can Result in a Conviction for Assault with a Deadly Weapon
People v. Brugman (Cal. Ct. App., Mar. 30, 2021, No. D076658) 2021 WL 1186143 Summary: Brugman was convicted of assault with a deadly weapon was based on his act crashing his vehicle into the car being driven by His former girlfriend as she tried to enter the driveway to her…
Resisting arrest requires that police are acting lawfully
People v. Southard (Cal. Ct. App., Mar. 24, 2021, No. A157236) 2021 WL 1114283, at *1 Summary: John Wesley Southard was involved in two traffic stops in December 2018 and was charged with seven counts of obstructing a peace officer and forcible resistance of an officer—charges that require the People…
California Supreme Court Affirms Right To Affordable Bail
In The Supreme Court Of California In Re Kenneth Humphrey On Habeas Corpus; S247278First Appellate District, Division Two A152056;San Francisco City And County Superior Court 17007715; March 25, 2021 In an unanimous decision, the California Supreme Court held that:“No person should lose the right to liberty simply because that person can’t…
Restitution for civil attorney fees paid by a victim may be ordered in a criminal case
People v. Marrero (2021) 60 Cal.App.5th 896 Summary: Armando Milan Marrero pleaded guilty to driving under the influence of alcohol and causing bodily injury to another person (Veh. Code, § 23153, subd. (a)). The trial court suspended imposition of sentence for five years and granted formal probation. Two victims retained…
Attempted DUI with priors is a felony
People v. Cummings (Cal. Ct. App., Mar. 3, 2021, No. C084505) 2021 WL 803686, at *1–5 Summary:Cummings entered a plea of no contest to attempted driving with a blood alcohol-level of 0.08 percent or more within 10 years of a felony conviction for driving under the influence (DUI) (Pen. Code,…
Lifer Granted Elderly Parole Need Not Serve Sentence For In-Prison Conduct
In re Hoze (Cal. Ct. App., Feb. 25, 2021, No. A158399) 2021 WL 732072, at *1 Summary: Johnnie Hoze was 67 years old and had served nearly four decades in state prison on an indeterminate life sentence when the Board of Parole Hearings (“Board”) found him suitable for parole under…
DMV may use blood test results to suspend licenses even if there is a violation of blood test regulations
WILLIAM LEE GERWIG, JR., Plaintiff and Appellant, v. STEVE GORDON, as Director, etc., Defendant and Respondent. (Cal. Ct. App., Feb. 19, 2021, No. D076921) 2021 WL 650274 Summary: When the Department of Motor Vehicles (DMV) holds an administrative hearing to consider whether to suspend a driver’s license, it can usually…
1437 proceedings: At prima facie stage trial court should not determine facts to dismiss the petition
People v. Duchine (Cal. Ct. App., Feb. 9, 2021, No. A157980) 2021 WL 447105, at *1 Summary: John Allen Duchine was convicted of first degree murder in 1987. In 2019, he filed a petition for resentencing under Penal Code section 1170.95,1 [Senate Bill 1437 (S.B. 1437)] with a declaration asserting…