Criminal Cases
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Criminal

6th District Court of Appeal
Uncategorized

People v. Landrine — Defendant Cannot “Satisfactorily Perform” Mental Health Diversion Without Substantially Complying with Diversion Requirements

Sixth District reverses dismissal of multiple criminal cases under Penal Code section 1001.36 mental health diversion, holding that a defendant who commits several dozen new crimes during diversion has not substantially performed the diversion requirements regardless of progress made afterward.

Supreme Court
Uncategorized

People v. Bertsch and Hronis — Convictions Affirmed, Bertsch Death Sentence Stands, but Hronis Death Sentence Vacated Because of Later Changes to Self-Representation Law

The California Supreme Court affirms the convictions and Bertsch’s death sentence in this 1985 kidnap-rape-murder case but reverses Hronis’s death sentence because of post-trial changes in the law governing a defendant’s mental competency to represent himself.

1st District Court of Appeal
Uncategorized

People v. C.F. — Trial Counsel’s Failure to Request Free Court Reporter Constitutes Ineffective Assistance in Antipsychotic Medication Hearing

First District holds that trial counsel’s failure to request a free court reporter for an antipsychotic medication renewal hearing constituted ineffective assistance of counsel and reverses the order authorizing involuntary medication, remanding for a new hearing.

4th District Court of Appeal, Division Two
Uncategorized

People v. Superior Court (Austin) — Judge Who Was Former Homicide Prosecutor Must Be Disqualified from Racial Justice Act Hearing Challenging That Office’s Charging Practices

Fourth District grants writ of mandate disqualifying a judge from presiding over a California Racial Justice Act hearing because her prior service as a homicide prosecutor in the same District Attorney’s Office whose charging practices are under review created an appearance of bias.

4th District Court of Appeal, Division Three
Uncategorized

People v. Harzan — Conviction Reversed Where Trial Court Forced Defendant to Choose Between Entrapment Defense and Excluding Decades-Old Sexual Misconduct Evidence

Fourth District reverses conviction where the trial court forced the defendant to choose between asserting a valid entrapment defense and admission of decades-old sexual misconduct evidence from his teenage years, holding that the conditioning violated his constitutional right to present a defense.

1st District Court of Appeal
Uncategorized

In re Sebastian C. — Family Home with Community-Based Programming May Qualify as Less Restrictive Program Under Welfare and Institutions Code Section 875

First District holds that placement in a family member’s home with community-based programming and supervision can qualify as a “less restrictive program” under Welfare and Institutions Code section 875(f), even though the appeal was dismissed as moot after the youth was placed wit

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