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…
People v. Arredondo, 2019 WL 6834808 Supreme Court of California, S244166, December 16, 2019 John Arredondo was convicted of lewd acts on child under age 14, lewd act on child under age 16, oral copulation with a child under age 14, and sexual penetration with child under age 14 and…
Fish v. Superior Court of San Diego County, 2019 WL 6337434 (Cal.App. 4 Dist.) (Cal.App. 4 Dist., 2019) Synopsis: Mason Fish, charged with gross vehicular manslaughter while intoxicated filed a petition seeking to prevent trial court from reviewing his psychotherapy treatment records and to require trial court to grant his…
THE PEOPLE, Plaintiff and Respondent, v. CHARLES PATRICK ELLIS, Defendant and Appellant., 2019 WL 7161342 (Cal.App. 5 Dist.) (Cal.App. 5 Dist., 2019) SB 1393 gives trial courts discretion to strike five-year prior serious felony enhancements On January 1, 2019, Senate Bill No. 1393 amended Penal Code sections 667, former subdivision…
THE PEOPLE, Plaintiff and Respondent, v. KEANDRE DION WINDFIELD et al., Defendants and Appellants. (Cal. Ct. App., Dec. 20, 2019, No. E055062) 2019 WL 6974388 Facts: Defendants Harquan Johnson and KeAndre Windfield were each convicted of one count of murder and one count of attempted murder, and assault with a…