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…
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…
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; ROBERT L. ESCOBEDO, Real Party in Interest. (Cal. Ct. App., Aug. 25, 2023, No. A166559) 2023 WL 5498785 Summary: Escobedo was placed on felony probation pursuant to a plea bargain. The superior court permitted the…
People v. Superior Court of Ventura County (Cal. Ct. App., Aug. 16, 2023, No. 2D CIV. B326653) 2023 WL 5258663, at *1 Summary: Penal Code section 1238, subdivisions (a)(1) and (a)(8) permit the People to appeal a superior court’s post-preliminary hearing, pretrial order reducing a felony “wobbler” to a misdemeanor…
People v. Suggs (Cal. Ct. App., July 31, 2023, No. C096555) 2023 WL 4861699 Summary: The Court of Appeal held that traffic stop was unlawfully prolonged when police officer saw temporary registration documents in window, realized defendant had not committed Vehicle Code violation that was purpose of stop, and then…
Coalition on Homelessness v. City and County of San Francisco (Cal. Ct. App., July 21, 2023, No. A164180) 2023 WL 4673776 Summary: Nonprofit organization brought action against city, municipal transportation agency, and police department challenging agency’s policy of towing safely and lawfully parked vehicles without a warrant based solely on…
People v. Leal (Cal. Ct. App., July 25, 2023, No. C096463) 2023 WL 4729326, at *1 Summary: The Fourth Amendment’s guarantee of the fundamental right to be free from unreasonable searches and seizures is fundamental. Generally warrantless searches are unreasonable. (Katz v. United States (1967) 389 U.S. 347, 357, 88…
People v. Carney (Cal., July 20, 2023, No. S260063) 2023 WL 4630861, at *1 Summary: In People v. Sanchez (2001) 26 Cal.4th 834 (Sanchez), the California Supreme Court upheld the first degree murder conviction of a defendant who had engaged in a gang-related shootout that left a bystander dead. It…
People v. Superior Court of Riverside County (Cal. Ct. App., July 11, 2023, No. E080076) 2023 WL 4444079, at *1 Riverside County Superior Court’s lack of judges and impact of COVID-19 pandemic The Superior Court for the County of Riverside has not had enough judges for nearly twenty years. The…
In re D.L. (Cal. Ct. App., July 3, 2023, No. A164432) 2023 WL 4342391, at *1 Summary: D.L., a minor at the time of his offense, appealed his conviction for possession of a loaded firearm in San Francisco. (Pen. Code, § 25850, subd. (a).) Citing the United States Supreme Court’s…