People v. Grajeda (Cal. Ct. App., June 3, 2025, No. B337664) 2025 WL 1564615, at *1 Summary: In 2012 a jury found Grajeda guilty of first degree murder and possession of a firearm by a felon. The jury also found true gang and firearm allegations. The trial court found true…
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Imperfect self defense fails when excessive force used
People v. Temple (Cal. Ct. App., May 6, 2025, No. G062781) 2025 WL 1304577, at *1 Summary: A jury found Temple not guilty of first degree murder (Pen. Code, §§ 187, subd. (a), 189, subd. (a)) but guilty of the lesser included offense of second degree murder (§ 189, subd.…
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…
Due Process Clause forbids the introduction of evidence so unduly prejudicial as to render a criminal trial fundamentally unfair
Andrew v. White (U.S., Jan. 21, 2025, No. 23-6573) 2025 WL 247502 Summary: Supreme Court’s decision in Payne v. Tennessee, 111 S.Ct. 2597, that Due Process Clause can in certain cases protect against introduction of unduly prejudicial evidence at criminal trials, was a “holding,” for purposes of federal habeas review…
A gun does not need to be loaded to commit assault with a firearm
People v. Lattin (Cal. Ct. App., Dec. 18, 2024, No. D083262) 2024 WL 5153046, at *1 Summary: Lattin contends a gun must be loaded to commit assault with a firearm unless it is used as a club or bludgeon. (Pen. Code, § 245, subd. (a)(4).) He argues that the present…
Peace Officer Records are discoverable in 1172.6 Evidentiary Hearing
People v. Nuno (Cal. Ct. App., Oct. 17, 2024, No. H051205) 2024 WL 4512214, at *1 Summary: The issue in this appeal was whether Nuno, under Penal Code section 1172.6, may obtain discovery of material, exculpatory evidence in peace officer personnel records under Brady v. Maryland (1963) 373 U.S. 83…
Prima facie showing of violation of Racial Justice Act in trial court requires reversal of murder conviction
People v. Howard (Cal. Ct. App., Aug. 27, 2024, No. H050156) 2024 WL 3947977, at *1 Summary: Howard shot a man at a nightclub in San Jose. At trial, Howard testified that he acted in self-defense. A jury convicted him of second degree murder. After the jury’s verdict but prior…
Prosecutor’s reasons for peremptory strike of Black juror were improper and required explanation
THE PEOPLE, Plaintiff and Respondent, v. DAVID G. ARIAS, Defendant and Appellant. (Cal. Ct. App., May 10, 2024, No. A164789) 2024 WL 2103781, at *1 Summary: Arias was tried for two counts of sexual abuse committed against J. Doe, a child under 14 years old. During the trial, the defense…
Search of parolee’s car following unlawful detainer was not consensual
People, v Paul 318 Cal.Rptr.3d 142 Summary: Paul pleaded no contest to possession of a firearm with a prior violent conviction (Pen. Code, § 29900, subd. (a)(1)) after the trial court denied his motion to suppress evidence of a firearm pursuant to Penal Code section 1538.5. Paul argues that the…
A remittitur for a new trial is filed when received by the court clerk and starts the 60 day speedy trial right
Adam WALSWORTH, Petitioner, v.The SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; The People, Real Party in Interest.C098517; Filed December 20, 2023 2023 WL 8797474 (Cal.App. 3 Dist.), 1 Summary: The Court of Appeal directed the respondent court to issue an order granting Walsworth’s motion to dismiss his case. He was denied…