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San Francisco Criminal Lawyer Blog

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Low Threshold to Meet the Plausible Justification Standard Under RJA Discovery

McDaniel v. Superior Court of San Mateo County (Cal. Ct. App., May 19, 2025, No. A171858) 2025 WL 1428762 Summary: McDaniel, a Black individual, alleges he was disparately charged with gang enhancements due to his race, ethnicity, or national origin in violation of the California Racial Justice Act of 2020.…

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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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Officer’s failure to inform Kazelka that the PAS testing was voluntary does not require the test’s exclusion at DMV hearing

Kazelka v. California Department of Motor Vehicles (Cal. Ct. App., Mar. 27, 2025, No. A163664) 2025 WL 923651, at *1–2 Summary: At an administrative hearing, a California Department of Motor Vehicles (DMV) hearing officer concluded that Kazelka had been driving under the influence and temporarily suspended his license. The trial…

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