Criminal Cases
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Criminal

2nd District Court of Appeal
Uncategorized

People v. Tourville — 2nd District Says Trial Court Cannot Condition Mental-Health Treatment on a No-Contest Plea Where Defendant Is Eligible for Diversion

The Second District holds that when a trial court finds a defendant eligible and suitable for mental-health diversion under Penal Code section 1001.36, requiring a no-contest plea as the price of receiving the same treatment via probation directly conflicts with the statute’s purpose.

2nd District Court of Appeal
Uncategorized

People v. Mijares — 2nd District Affirms Murder Conviction Where Defendant’s Attack Was a Substantial Factor in Death Despite Victim’s Preexisting Conditions

The Second District affirms a first-degree murder conviction, holding the trial court had no duty to instruct on attempted murder where the defendant’s brutal attack was a substantial factor in the victim’s death even though the victim had grave preexisting heart and liver disease.

California Supreme Court
Uncategorized

People v. Morris — California Supreme Court Says Non-Killer Must Aid the Lethal Act, Not Just the Underlying Felony, to Be Guilty of First-Degree Felony Murder

The California Supreme Court holds that a non-killer accomplice with intent to kill is guilty of first-degree felony murder only if they aided the actual killer in the lethal act itself, not merely the underlying felony — reopening resentencing for many defendants previously denied.

4th District Court of Appeal
Uncategorized

In re Parker B. — 4th District Says Unqualified WIC Section 782 Dismissal Encompasses Findings, Allowing Sealing of Section 707(b) Juvenile Records

The Fourth District holds that an unqualified Welfare and Institutions Code section 782 dismissal encompasses the underlying findings, satisfying section 786(d)’s "dismissed" condition for sealing serious juvenile offense records — but the firearm restriction survives.

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