Zepeda v. Superior Court of City and County of San Francisco (Cal. Ct. App., Nov. 13, 2023, No. A166159) 2023 WL 7484868, at *1 Summary: This case decided several issues about Senate Bill No. 567. Senate Bill 567 amended Penal Code section 1170, subdivision (b)(2) to provide that, when a…
Articles Posted in New Criminal Case Law
Promise of leniency by police officer not to tow car invalidates consent to search
Boitez v. Superior Court of Yolo County (Cal. Ct. App., Nov. 7, 2023, No. C098102) 2023 WL 7313899, at *1 Summary: Boitez filed a motion to suppress the evidence obtained during a search of his mother’s car. After the trial court denied his motion, petitioner filed a petition for writ…
Right To Fair Trial Not Violated By Use Of Face Masks During Trial
People v. Molina (Cal. Ct. App., Oct. 17, 2023, No. G061280) 2023 WL 6834852 Summary: Molina appealed after conviction of sexual penetration with a child 10 years or younger and lewd or lascivious acts upon a child under 14 years, after a trial in which safety protocols related to the…
Harmless Error in Permitting Remote Jury Deliberations
THE PEOPLE, Plaintiff and Respondent, v. VERNON LEE HAMPTON, Defendant and Appellant. (Cal. Ct. App., Oct. 25, 2023, No. A165957) 2023 WL 7009789, at *1 Summary: Before closing arguments, which took place in January 2022, the trial judge dismissed two jurors for reasons related to COVID-19 and seated the two…
Defendant must show prejudice by loss of evidence for case to be dismissed
People v. Manzo (Cal. Ct. App., Oct. 17, 2023, No. E079991) 2023 WL 6826849, at *1 Summary:The Riverside County District Attorney appealed the trial court’s dismissal of three felony charges against Manzo due to evidence lost during the prosecution’s five-year delay in prosecuting the case after filing charges against defendant.…
The RJA does not violate article VI, section 13 of the California Constitution
People v. Simmons (Cal. Ct. App., Oct. 12, 2023, No. 2D CRIM. B309921) 2023 WL 6631578, at *1 Summary: The Racial Justice Act (RJA) aims to eliminate racism from criminal trials in California. The Court of Appeal held that the RJA does not violate article VI, section 13 of the…
Domestic Violence Restraining Order properly issued based on coercive control
Parris J. v. Christopher U. (Cal. Ct. App., Oct. 4, 2023, No. B313470) 2023 WL 6458520, at *1Summary: Christopher U. appeals from the five-year domestic violence restraining order (DVRO) issued against him at the request of his former spouse, Parris J. Christopher contends the trial court abused its discretion by…
A defendant accused of fleeing the scene under cannot rely on voluntary intoxication to negate required knowledge of the accident
People v. Suazo (Cal. Ct. Appl., Sept. 19, 2023, No. F082140) 2023 WL 6118736, at *1 Summary: Suazo while having an elevated blood-alcohol level, drove his 2008 Ford Focus at a high rate of speed off the highway, through a fence, and into agricultural equipment parked in an adjacent yard.…
San Francisco District Attorney Brooke Jenkins statements result in recusal of office from prosecution
People v. Pomar (Cal. Ct. App., Sept. 13, 2023, No. A167241) 2023 WL 5947909, at *1 Summary: Brooke Jenkins, an assistant district attorney (ADA), left the San Francisco District Attorney’s Office (Office) to join the campaign to recall Chesa Boudin, the then San Francisco District Attorney (District Attorney). After leaving…
Police stop for being parked in a “high crime area” is a prima facie violation of Racial Justice Act
DEMOND FINLEY, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; THE PEOPLE, Real Party in Interest. (Cal. Ct. App., Aug. 30, 2023, No. A167311) 2023 WL 5620093, at *1 Summary: The San Francisco Superior Court erred in finding that Finley failed to make a…