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Articles Posted in New Criminal Case Law

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Malice Was Not Necessarily Required by Non-Provocateur Accomplice Under the Provocative Act Murder Doctrine

People v. Antonelli (Cal., Apr. 24, 2025, No. S281599) 2025 WL 1249609, at *1 Summary: In 1991, a jury convicted Antonelli of first degree murder under the provocative act doctrine based on his role in a home invasion robbery during which one of his accomplices was killed by a victim.…

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Conviction overturned where jury could find defendant guilty of second-degree murder without finding that he acted with malice

People v. Virgen (Cal. Ct. App., Apr. 7, 2025, No. B333314) 2025 WL 1032450 Summary: Virgen was convicted of second-degree murder and was sentenced to 15 years to life in prison. The Court of Appeal held that: Thr trial court committed instructional error when it used two pattern jury instructions…

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Statements made at Parole Hearing are admissible at resentencing hearing

People v. Rodriguez (Cal. Ct. App., Apr. 7, 2025, No. B332704) 2025 WL 1023731, at *1 Summary: Rodriguez appealed from an order denying his petition for resentencing under Penal Code section 1172.6, contending that the trial court erred in admitting statements he made in a letter to the Board of…

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California Supreme Court reverses death penalty conviction because a juror was erroneously discharged

People v. McGhee (Cal., Apr. 3, 2025, No. S169750) 2025 WL 1000847, at *1 Summary: A jury convicted McGhee of three counts of first degree murder and four counts of attempted murder. (Pen. Code, §§ 187, 664, subd. (a); The jury found true the special circumstances that he committed multiple…

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Equal protection not violated by three year parole term for lifers released on parole after 2020

Summary: Annette Gaylene Batten served a life term for murder and was released on lifetime parole in 2017. In 2023, she committed two parole violations. Penal Code section 3000.08, subdivision (h) required the court to remand her to the custody of the California Department of Corrections and Rehabilitation (CDCR). Batten…

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Cutting the gate hasp and lock on a truck constitutes entry into the locked vehicle.

People v. Gray (Cal. Ct. App., Mar. 12, 2025, No. C099048) 2025 WL 783249, at *1 Facts: A jury found Gray guilty of second degree burglary of a vehicle, attempted second degree burglary of a vehicle, conspiracy to commit theft, vandalism, and possession of burglar’s tools. The trial court sentenced…

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Defendant seeking dismissal for a speedy trial violation under the state constitution must affirmatively demonstrate prejudice

People v. Martinez (Cal. Ct. App., Feb. 7, 2025, No. E082657) 2025 WL 429628 Summary: Martinez was charged with grand theft, acting as  contractor without a license, requiring a downpayment in excess of $1,000, and unlawfully receiving payments in excess of the work performed, filed motion to dismiss based on…

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