Criminal Cases
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Criminal

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

4th District Court of Appeal, Division Three
Uncategorized

People v. Espiritu — Trial Court’s Failure to Recognize Presumptively Invalid Reason for Peremptory Challenge Requires Reversal Under Section 231.7

Fourth District reverses convictions in sexual assault case where the trial court failed to recognize that a peremptory challenge based on a juror’s nursing occupation was presumptively invalid under Code of Civil Procedure section 231.7, holding that defense counsel’s failure to specifi

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