Criminal Cases
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Criminal

1st District Court of Appeal, Division Five
Uncategorized

People v. Alston — Conviction Reversed Where Trial Court Failed to Explain Reasons for Overruling Section 231.7 Objection to Peremptory Strike

First District reverses an attempted-lewd-act conviction, holding the trial court violated Code of Civil Procedure section 231.7(d)(1) by failing to explain its reasons for overruling defense counsel’s objection to the prosecutor’s peremptory strike of a prospective juror.

4th District Court of Appeal, Division Three
Uncategorized

Anaheim Police Dept. v. Crockett — Gun Violence Restraining Order Properly Issued Against Father Whose Son Threatened a School Shooting

Fourth District affirms a Gun Violence Restraining Order against a father whose adult son with a documented mental-health history threatened a mass shooting at a local high school, holding the order survives Second Amendment, vagueness, and overbreadth challenges.

4th District Court of Appeal, Division One
Uncategorized

People v. Zapata — Confession to Undercover ‘Perkins’ Operatives Inadmissible When Suspect Had Invoked Right to Counsel

Fourth District reverses a second-degree-murder conviction, holding that statements obtained from a defendant during an undercover Perkins operation were inadmissible under Miranda because the suspect had invoked his right to counsel and a known law-enforcement officer continued to ‘stimulate&

2nd District Court of Appeal, Division One
Uncategorized

People v. Heaps — UCLA Gynecologist’s Convictions Reversed Where Trial Court’s Ex Parte Communications With Jury Deprived Defendant of Counsel

Second District reverses convictions of former UCLA gynecologic oncologist James Heaps, holding the trial court’s ex parte communications with the jury through a judicial assistant — without notifying counsel — deprived defendant of counsel at a critical stage and the prosecution failed to pro

4th District Court of Appeal, Division Three
Uncategorized

Siam v. Superior Court — Trial Court Erred in Denying Mental-Health Diversion by Overriding Sole Expert and Relying on Unsupported Findings

Fourth District grants writ relief, holding that an Orange County trial court applied the wrong legal standard and relied on findings unsupported by substantial evidence when denying mental-health pretrial diversion to a defendant diagnosed with paranoid schizophrenia.

4th District Court of Appeal, Division Two
Uncategorized

Harmon v. Superior Court — Public Defender Has Discretion to Decline Appointment to Habeas Petitioner Under Government Code Section 27706(g)

Fourth District grants writ relief, holding that Government Code section 27706(g) gives a public defender discretion to decline appointment to represent a habeas petitioner — including a Racial Justice Act claimant — without showing unavailability.

U.S. District Court — Southern District of California
Uncategorized

Salazar Juarez v. Abdi — S.D. Cal. Allows Eighth Amendment Excessive-Force Claim Over ‘Hot Metal Plate’ Incident at RJD to Proceed

After IFP screening of an amended complaint by a state prisoner experiencing a mental-health crisis, the court allowed his Eighth Amendment excessive-force claim to proceed against two correctional officers who allegedly held him against a hot metal plate causing severe burns, but dismissed his deli

1st District Court of Appeal, Division Four
Uncategorized

In re Thai — Indeterminate-Life Inmates Not Constitutionally Entitled to Same Conduct Credits Toward Youth-Parole Eligibility as Toward Standard Parole

First District denies habeas relief, holding that CDCR may constitutionally permit only educational merit credits — and not other prison conduct credits — to advance an inmate’s youth-parole eligibility date under Penal Code section 3051.

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