Fourth District grants writ of mandate ordering reconsideration of misdemeanor diversion request in vehicular manslaughter case, holding that the trial court abused its discretion by denying diversion based solely on the inherent elements of the charged offense (negligence causing death) without ind
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.
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.
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.
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.
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
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
Fourth District holds that a court correcting a clerical error in an abstract of judgment is not required to conduct full resentencing or hear Romero motions, but exceeded its authority by modifying the underlying misdemeanor sentences during the correction process.
Fourth District affirms forcible rape and related convictions but holds that stayed sentences based on unused One Strike circumstances and the Habitual Sexual Offender law are unauthorized when the defendant is already sentenced under the One Strike law and Three Strikes law for the same offense.
Second District holds that a jury’s not-true findings on personal firearm use and a robbery special circumstance do not collaterally estop a resentencing court from finding the defendant was the actual killer in a Penal Code section 1172.6 hearing, applying People v. Santamaria and joining Peo
Second District grants habeas petition vacating murder conviction where prosecutor failed to correct false eyewitness testimony about prior police identifications and defense counsel failed to impeach with the witnesses’ actual statements, applying the Supreme Court’s recent Glossip v. O
Fourth District reverses a five-year DVRO for the second time, holding the trial court again denied the incarcerated respondent meaningful access to the courts by issuing the order without addressing his request to appear telephonically.
Fourth District affirms a trial court order authorizing electroconvulsive therapy for an incarcerated patient with treatment-resistant schizoaffective disorder, holding that ‘no less onerous alternatives’ under Penal Code section 2679(b) refers to medical alternatives, not surrogate-cons
Fourth District grants writ relief, holding that a Riverside County trial court abused its ‘residual’ discretion under Penal Code section 1001.36 by denying mental-health diversion without proper analysis of the statute’s eligibility and suitability criteria.
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.
Fourth District grants writ relief, holding that a probate court’s grave-disability finding under the LPS Act does not establish that the person is incompetent to testify under Evidence Code section 701, which requires its own determination.
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.
Second District denies Microsoft’s writ petition challenging a court-issued nondisclosure order that barred Microsoft from notifying its enterprise customer, USC, that the LAPD had served a search warrant on a USC graduate student’s email account.
Central District of California denies a federal prisoner’s petition to be transported approximately 1,500 miles to testify in person at a private Texas civil trial, finding the cost and security burdens outweigh the benefits.
First District affirms a one-year extension of a mentally disordered offender’s commitment at Coalinga State Hospital, holding the patient forfeited his due-process and equal-protection challenges to the lack of an actuarial risk-assessment tool, and that any instructional error was harmless.
Fourth District reverses a multi-count conviction because the trial court accepted, without substantial supporting evidence, the prosecution’s stated reason for striking the only Latina juror under amended Code of Civil Procedure section 231.7.