Articles Posted in New Criminal Case Law

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 failure to comply with governing administrative procedures is relevant in assessing the officer’s motivation for conducting an inventory search.

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 brought a Batson/Wheeler1 motion challenging the prosecutor’s exercise of a peremptory strike against a prospective juror who was a Black woman. The trial court ruled that a prima facie case of discrimination was established, and the  prosecutor gave three reasons for the strike. The court then denied the motion without any discussion, stating only that it did not “think the challenge was based on racial animus or bias.” The jury convicted Arias and he was sentenced to 15 years to life in prison.

The Court of Appeal concluded that the trial court’s denial of the Batson/Wheeler motion was improper, because the prosecutor’s reasons for the strike do not withstand scrutiny. The first reason was that the juror would “empathize” more with defense experts than with a prosecution expert because her educational background was similar to that of the defense experts. But the prosecution expert’s educational background was essentially the same as the defense experts’. The second reason was that the juror had concerns about implicit bias and unfairness in the criminal justice system. A recent statute expressly renders such a reason presumptively invalid, the statute does not apply to this case because the jury was selected before its effective date. (Code Civ. Proc., § 231.7, subds. (e), (i).) But this reason, although facially race-neutral under then-governing law, did not independently justify the strike under the totality of the circumstances. The last reason was that the juror was “pretty opinionated” and might therefore be reluctant to deliberate. This concern was unlikely to have actually motivated the strike, however, because it was not applied to other potential jurors. Applying the Batson/Wheeler framework, the record lacks sufficient evidence on which the trial court could have reasonably relied to accept the prosecutor’s reasons for striking the juror without further explanation. The  error was structural, and the Court of Appeal reversed.

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, and saw Flores standing alone in the street beside a Nissan parked at a red curb. Flores looked at the officers, walked around the back of the car, then “ducked” behind it. The officers pulled up and parked behind the Nissan. Flores bent over and faced away from the officers with both hands near his right shoe.  Marino trains his flashlight on Flores and he does not look around. He remains bent over and continues moving his hands near his feet. An officer  tells Flores to stand up. Flores remains bent over. Marino again directs Flores to stand. An officer tells Flores, “Your hands behind your head.” Flores complies and is directly placed in handcuffs.

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 to the victim’s delay in providing documentation of her damages and the victim’s failure to appear on multiple dates set for restitution hearings, the trial court did not determine the amount of restitution before termination of appellant’s probation. More than two years post-termination, the court entered ordered appellant to pay $86,306.12 in victim restitution.

Appellant contends the trial court was without authority to modify the amount of restitution owed to the victim following termination of probation. Appellant relies on People v. Martinez (2017) 2 Cal.5th 1093, 218 Cal.Rptr.3d 140, 394 P.3d 1066 (Martinez) to argue that the court’s jurisdiction to do so was not extended by Penal Code section 1202.46 because the restitution was not for losses incurred “as a result of the commission of a crime.” (§ 1202.4, subd. (a)(1).) The Court of Appeal agreed and distinguished this case from its decision in People v. McCune (2022) 81 Cal.App.5th 648, 651–652, review granted Oct. 26, 2022, S276303 (McCune), in which there was no dispute that the restitution was properly imposed under section 1202.4.

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 person who kills another while driving under the influence of alcohol may be charged with second degree murder if the circumstances support a finding of implied malice. This is “informally known as a Watson murder.”

At Barooshian’s first trial, the jury did not reach a verdict on a murder charge but convicted Barooshian of gross vehicular manslaughter while intoxicated (Pen. Code,2 § 191.5, subd. (a); Veh. Code, §§ 23140, 23152, 23153).

The PEOPLE, Plaintiff and Respondent, v.FREETOWN HOLDINGS COMPANY et al., Defendants and Appellants.2024 WL 1325949 (Cal.App. 2 Dist.), 1

Summary: The People of the State of California sued Holiday Liquor for enabling a public nuisance claiming the store allowed illegal drug buyers and sellers to meet for sales. Holiday tolerated loitering and drug dealing, had no guards, stayed open until 2 a.m., and sold alcohol in cheap single-serving containers. The trial court granted summary judgment for the People and ordered Holiday to hire guards, to stop selling single-serving containers of alcohol, and to take other actions. The Court of Appeal affirmed.

The People filed a complaint describing ongoing drug dealing and gang-related violence within and in front of Holiday. The complaint asserted violations of (1) sections 11570 et seq. of the Health and Safety Code (the drug house law), (2) sections 3479 et seq. of the Civil Code (the public nuisance law), and (3) sections 17200 et seq. of the Business and Professions Code (the unfair competition law).

People v Felix, 2024 WL 979674 (Cal.App. 2 Dist.)

Summary: Felix was arrested in Utah after being stopped for a traffic violation. He consented to a search of his car which resulted in the recovery of a handgun, ammunition and over five kilograms of methamphetamine. While in custody in Utah on drug charges, Felix became a suspect in two murders that occurred in Southern California. After his return to, California, Felix invoked his right to counsel while being interviewed by the detectives investigating one of the murders. Felix was placed in a cell with an undercover detective to whom he made incriminating statements about both murders. The trial court denied defendant’s motion to suppress the evidence recovered during the Utah traffic stop and admitted, over his objection, his incriminating statements made to the undercover agent. Felix was found  guilty of two counts of first degree murder.

On appeal, Felix contends the trial court erred in denying his motion to suppress the evidence recovered from the warrantless search of his car and in admitting his statements to the undercover agent because he had previously invoked his right to counsel while being interviewed by detectives. The Court of Appeal  affirmed the judgment of conviction.

THE PEOPLE, Plaintiff and Respondent, v. ALBERT JACKSON, Defendant and Appellant. (Cal. Ct. App., Mar. 15, 2024, No. B328954) 2024 WL 1131026, at *1

Summary: Two Los Angeles police officers in a cruiser saw Jackson, an African American man,  alone in a parked car. They pulled alongside, boxing Jackson in so that he would have to squeeze to get out. One officer went to Jackson’s side of the car, while the other walked to Jackson’s passenger side. Both shined flashlights on Jackson. Surrounding Jackson, the officers’ actions meant a reasonable person in his position would not feel free to leave.

The officers explained that Jackson was wearing a “big bulky jacket” on a “hot” and “humid” night. He “was seated kind of awkwardly in the driver’s seat.” And when they approached in the dark and shined flashlights on him, he looked “uncomfortable and kind of nervous,” “like he was surprised to see us.”

Persiani v. Superior Court, 2024 WL 833043 (Cal.App. 4 Dist.), 1

Summary: A trial court has authority under Penal Code section 1370.01, subdivision (b)(1)(A) to order treatment through mental health diversion for a mentally incompetent misdemeanor defendant charged with driving under the influence.

Persiani was charged in four misdemeanor cases with driving under the influence (Veh. Code § 23152, subd. (a)). While the charges were pending Persiani was found incompetent to stand trial.

Bonds v. Superior Court; D082187; 2/14/24;2024 WL 617245 (Cal.App. 4 Dist.)

Summary: Bonds was charged with a misdemeanor concealed firearm violation filed a motion for relief under the Racial Justice Act. The Superior Court denied the motion and Bonds  filed petition for writ of mandate.The Court of Appeal held that the trial court applied wrong legal standard in denying defendant’s motion for relief under the Racial Justice Act, and statistical studies regarding practices of city’s police department were admissible in determining whether a violation of the Racial Justice Act occurred during traffic stop.

Purpose of The Racial Justice Act

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