People v. Barton (Cal. Ct. App., Aug. 4, 2020, No. F076599) 2020 WL 4462790 Facts: Barton pleaded guilty to furnishing methamphetamine (Health & Saf. Code, § 11379, subd. (a)) and maintaining a place for the sale of a controlled substance (id., § 11366). Barton admitted to having twice been convicted of…
San Francisco Criminal Lawyer Blog
Marin County Superior Court sets briefing schedule for San Quentin COVID 19 habeas petitions
A Marin County Superior Court judge has ordered the California Department of Corrections and Rehabilitation (CDCR) to respond by August 4, 2020, in an expedited briefing schedule, to petitions requesting immediate release of 21 people at San Quentin State Prison. The petitions were filed by inmates at San Quentin in…
Timeliness in filing a habeas action: Supreme Court rules 120 days between filing is not substantial delay.
Robinson v. Lewis, 2020 WL 4045925, Supreme Court of California, S228137, July 20, 2020 A challenge to a state judgment of conviction through a petition for a writ of habeas corpus in state court must present each claim in a timely fashion. However, California law does not fix a determinate…
City of Berkeley Approves Measure Removing Police From Traffic Stops
The Berkeley City Council approved a measure that would create a new Department of Transportation and remove police from traffic stops. The use of unarmed public works officials to enforce traffic laws is aimed at reducing racial profiling and law enforcement contacts that can escalate into violence, especially for Black…
Remand to strike enhancements can void plea bargain
People v. Stamps, 2020 WL 3525176 (California Supreme Court; S255843: June 25, 2020) Summary: Stamps agreed to a plea bargain that included a prior serious felony enhancement (Pen. Code, § 667, subd. (a)). While his appeal was pending, a new law went into effect that gave the trial court authority…
Resumption of DMV Road Tests
The California DMV resumed behind-the-wheel testing beginning Friday, June 26. Drivers and DMV instructors will be required to wear face masks and drivers will be asked to lower two windows to increase air flow in the car. Pre-test instructions will be given outside the car. DMV examiners will also wear…
Prosecutor in infraction trial need not appear to oppose motion to suppress
The People, Plaintiff and Appellant, v. Lula Sophia Gong Cotsirilos et al., Defendants and Respondents., 2020 WL 3396240 (Cal.App. 4 Dist.) (Cal.App. 4 Dist., 2020) Summary: Two defendants cited for underage alcohol infractions filed a motion to suppress the evidence. The prosecution did not file an opposition or appear at…
Murder Conviction for Drunk Driving Reversed For Allowing Surprise Expert Testimony
People v. Hughes, 2020 WL 3071948 (Cal.App. 4 Dist., E069445; Filed 06/10/2020) Facts: After drinking, Michael Dwayne Hughes hit a PT Cruiser whose driver failed to yield to him, killing the driver and her two children, who were passengers. Hughes, who had a prior conviction for driving under the influence,…
COVID-19 Pilot Program: Reduced Fines for a Guilty Plea-why it’s a bad deal for most drivers.
If you have pending traffic violation in the San Mateo Superior Court you may have received a notice offering a reduction of the fine in exchange for a plea of guilty or no contest. These notices were sent to defendants and their attorney of record. This pilot program was announced…
Supreme Court reverses conviction: DA impermissibly vouched for officer’s veracity
People v. Rodriguez, 2020 WL 2563833 (Cal.) (Cal., 2020) Supreme Court of California; S251706; May 21,2020 Summary: The California Supreme Court held that a prosecutor impermissibly vouched for witness credibility by telling the jury in closing argument that two testifying officers would not lie because each would not put his…