People v. Cooper (Cal. Ct. App., Sept. 1, 2020, No. A156880) 2020 WL 5175210 Summary: Cooper was convicted by no contest plea of one count of second degree murder and filed petition for resentencing, alleging he pleaded no contest because he had faced possibility of conviction of first or second…
People v. DelRio (Cal. Ct. App., Aug. 31, 2020, No. B298637) 2020 WL 5104917 Facts: DelRio and his cousin Raul Prieto had a gunfight in front of a house on a cul-de-sac. Prieto shot his nine-millimeter pistol 15 times but missed every time. DelRio fired his .40-caliber pistol twice and…
The State Supreme Court posted an order on the docket of In re Humphrey (2018) 19 Cal.App.5th 1006, pending as # S247278, making Part III of the Court of Appeal decision in the case legal precedent. That part of the appellate opinion holds that due process requires consideration of the…
People v. McGee, 2020 WL 4783643 (Cal.App. 3 Dist.); filed 7/28/20; published 8/18/20 Facts and Procedural Background On July 28, 2018, Stockton Police Officers initiated a traffic stop of McGee’s car after noticing its registration had expired. The officers noted the scent of unburned marijuana. McGee denied having any marijuana…
People v. Stamps, 2020 WL 3525176 (California Supreme Court; S255843: June 25, 2020) Summary: Stamps agreed to a plea bargain that included a prior serious felony enhancement (Pen. Code, § 667, subd. (a)). While his appeal was pending, a new law went into effect that gave the trial court authority…
People v. Rodriguez, 2020 WL 2563833 (Cal.) (Cal., 2020) Supreme Court of California; S251706; May 21,2020 Summary: The California Supreme Court held that a prosecutor impermissibly vouched for witness credibility by telling the jury in closing argument that two testifying officers would not lie because each would not put his…
Summary: Defendant was convicted in the Superior Court, San Francisco County, of domestic battery, and he appealed from denial of his motion to suppress evidence. The Superior Court, Appellate Division, held the State could not rely on “collective knowledge” doctrine to justify the defendant’s warrantless detention. The trial court failure…
People v. Wear (Cal. Ct. App., Feb. 4, 2020, No. A152732) 2020 WL 549310 FACTS: Defendant James Wear and his friend, Brandon Lowell, arranged to meet an acquaintance, Ryan Rossknecht. Wear intended to buy or steal a gun from Rossknecht and possibly to supply him with heroin. During the meeting,…
Thomas Keel will have his 1987 conviction for Second Degree Murder vacated after San Francisco Assistant Deputy District Attorney Allison Macbeth stipulated that Mr. Keel was eligible for re-sentencing under SB 1437, at a hearing in San Francisco Superior Court held on February 7, 2009. Superior Court Judge Brendan Conroy…
The People, Plaintiff and Respondent, v. Daniel Cervantes, Defendant and Appellant.(Court of Appeal, Second District, Division 6); No. B298077; Filed 1/30/2020; 2020 WL 486867 Re-sentencing under Penal Code section 1170.95 Penal Code section 1170.95, subdivision (a) provides that , a person convicted of first degree or second degree murder under…