People v. Clements (Cal. Ct. App., Feb. 4, 2021, No. E073965) 2021 WL 388834, at *1 Summary: In 1989, Jody Ann Clements solicited her ex-husband and her boyfriend to assault her 16-year-old brother who then two killed the brother by stabbing him and bludgeoning him with a rock. A jury…
People v. Collins (Cal. Ct. App., Feb. 2, 2021, No. F076883) 2021 WL 343935 Summary: Collins was convicted of two counts of murder as a result of driving while impaired On appeal, he claims that the trial court erred in denying his motion to challenge the prosecutor’s excusal of a…
In re Palmer (Cal., Jan. 28, 2021, No. S256149) 2021 WL 279621, at *1 Summary: The California and federal Constitutions bar the infliction of punishment that is grossly disproportionate to the offender’s individual culpability. (U.S. Const., 8th Amend.; Cal. Const., art. I, § 17.) The courts, “as coequal guardian[s]…
The People, Plaintiff and Respondent, v. Alberto Beto Hernandez, Defendant and Appellant. (Cal. Ct. App., Jan. 22, 2021, No. B302815) 2021 WL 221976, at *1–2 Summary: On January 1, 2019 the the law governing whether a defendant can be convicted of murder under a felony murder or natural and probable…
Favor v. Superior Court of San Bernardino County (Cal. Ct. App., Jan. 13, 2021, No. E075340) 2021 WL 118005 Summary: The right to a preliminary hearing within 60 days of arraignment “is absolute absent a defendant’s personal waiver.” (Ramos v. Superior Court (2007) 146 Cal.App.4th 719, 729, 53 Cal.Rptr.3d 189.)…
In re Gadlin Supreme Court of California. December 28, 2020 — P.3d —- 2020 WL 7690154 Proposition 57- nonviolent felony parole consideration In 2009, a three-judge federal district court panel ordered the CDCR “to reduce the prisoner population to 137.5% of the adult institution’s total design capacity.” (Coleman v. Schwarzenegger…
People v. Brooks (Cal. Ct. App., Dec. 22, 2020, No. A158988) 2020 WL 7586811, at *1 Summary: Jason Brooks appealed the denial of a petition seeking recall of his sentence pursuant to Penal Code section 1170.91. Brooks agreed to a stipulated term of years in a plea bargain 13 years…
People v. Gentile, Supreme Court of California, (S256698), December 17, 2020 — P.3d —- 2020 WL 7393491 Aider and abettors and liability under the natural and probable consequences doctrine An accomplice who aids and abets a crime is liable for both that crime and any other offense committed that is…
David Peter Moore, Sr., Petitioner, V. The Superior Court of Riverside County, Respondent; THE PEOPLE, Real Party in Interest. Court of Appeal, Fourth District, Division 2, California. December 11, 2020 — Cal.Rptr.3d —- 2020 WL 7296513 Summary: Vehicle Code section 23640 and its predecessor, Vehicle Code former section 23202, have generally…
People v. Hall (Cal. Ct. App., Nov. 24, 2020, No. A157868) 2020 WL 6882240, at *1–7 Facts: When Hall was pulled over for a vehicle-equipment violation in 2018, a San Francisco police officer observed in the car “a clear plastic baggie” of what appeared to be marijuana. Police officers the.…