DAVID AUDISH, Plaintiff and Appellant, v. DAVID MACIAS et al., Defendants and Respondents. (Cal. Ct. App., May 21, 2024, No. D081689) 2024 WL 2860272 Summary: Plaintiff Audish appealed a civil judgment after a jury verdict in an automobile collision case. The jury found Audish and defendant David both operated their…
San Francisco Criminal Lawyer Blog
No implied malice murder for car accident that blocked traffic
People v. Superior Court of Riverside County (Cal. Ct. App., May 30, 2024, No. D082865) 2024 WL 2761450, at *1 Summary: While under the influence of prescription painkillers, Chagolla led California Highway Patrol (CHP) officers on a 35-mile, high-speed chase that ended when Chagolla lost control of her vehicle, which…
Restitution for fleeing scene of accident cannot be modified after termination of probation
THE PEOPLE, Plaintiff and Respondent, v. TAKEYA LASHAY KOONTZY, Defendant and Appellant. (Cal. Ct. App., May 23, 2024, No. A167703) 2024 WL 2350205 Summary: Koontzy (appellant) pled no contest to fleeing the scene of an injury accident (Veh. Code § 20001, subd. (a)) and was placed on probation with the…
Warrantless Search of Defendant’s Truck Did Not Fall Within Scope of Inventory Search Exception
United States v. Anderson (9th Cir., May 2, 2024, No. 20-50345) 2024 WL 1920298 Warrantless searches by law enforcement for inventory purposes Summary: Law enforcement may conduct warrantless inventory searches of impounded vehicles only if they are motivated by administrative purposes, and not solely by investigatory purposes. Here, an officer’s…
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…
Before Officers May Detain Someone They Must Be Able To Articulate A Legally Cognizable Reason
People v. Flores (Cal., May 2, 2024, No. S267522) 2024 WL 1919992, at *12 Background to detention In May 2019, Officer Guy and his partner, Michael Marino, were on patrol in the area of Mariposa Avenue, a “known narcotic[s] area[ ]” and “gang hangout.” The officers drove by a cul-de-sac,…
Trial court has no authority to modify restitution after termination of probation
People v. Koontzy (Cal. Ct. App., Apr. 25, 2024, No. A167703) 2024 WL 1794196, at *1 Summary: Koontzy (appellant) pled no contest to fleeing the scene of an injury accident (Veh. Code § 20001, subd. (a)) and was placed on probation with the condition that she pay victim restitution. Due…
Gross Vehicular Manslaughter While Intoxicated Is Not A Lesser Included Offense Of Murder
People v. Barooshian (Cal. Ct. App., Apr. 16, 2024, No. D081050) 2024 WL 1629664, at *1 Summary: Barooshian was convicted him of murder (Pen. Code, § 187, subd. (a)) under a Watson murder theory. In People v. Watson (1981) 30 Cal.3d 290, (Watson), the California Supreme Court concluded that a…
Discretion To Dismiss An Enhancement Does Not Apply To Allow The Court To Strike The Jury’s Premeditation And Deliberation Finding
People v. Serrano (Cal. Ct. App., Mar. 28, 2024, No. A166011) 2024 WL 1320422, at *6–9 Exercise of Discretion Under Section 1385(c) Serrano argued that the trial court erred by failing to exercise its discretion under section 1385(c) to consider striking the jury’s premeditation and deliberation findings. The People responded…
Due process violated when DMV Hearing Officer acts as an advocate
Knudsen v. Department of Motor Vehicles (Cal. Ct. App., Apr. 4, 2024, No. F085992) 2024 WL 1453228, at *1 Summary: Knudsen appealed the suspension of his driver’s license at an administrative per se (APS) hearing. A hearing officer for the Department of Motor Vehicles (“DMV”) concluded that Knudsen had driven…