top of page
Search


AB 960 UPDATE
AB 960, Ting. Status: 6/9/2022 “Set FOR Hearing ON 28-JUN-22 9:30 a.m.” Legislative Counsel’s Digest: This bill would require the...

Nick Woodall
Jun 15, 20222 min read


Violation of 'Double Jeopardy' Clause Reverses Conviction
USA v. Richard Mathews Docket: 19-56110, Opinion Date: June 13, 2022. Defendant argued that his conviction and sentence under 18 U.S.C....

Nick Woodall
Jun 15, 20222 min read


Summary Denial of Motion to Vacate Plea Deal: Erroneous
USA v. Justin Werle Docket: 20-36005, Opinion Date: June 3, 2022. Defendant sought to vacate the conviction because he pled guilty...

Nick Woodall
Jun 4, 20222 min read


Supreme Court: Proposition 57 Applies to Defendant's Resentencing
People v. Padilla Court: Supreme Court of California, Docket: S263375, Opinion Date: May 26, 2022. The Supreme Court held that...

Nick Woodall
May 27, 20221 min read


Court Reverses Criminal Street Gang Findings
People v. Delgado Docket: B299482 (Second Appellate District), Opinion Date: February 10, 2022. Delgado was convicted of shooting at an occupied vehicle, assault with an assault weapon, and possession of a firearm by a felon. The jury found true gang and firearm enhancements. The court had instructed the jury with CALCRIM 315 that an eyewitness’s degree of certainty can be considered when evaluating the reliability of the witness’s identification. The court of appeal affirmed

Nick Woodall
Feb 12, 20222 min read


Remand to Withdraw from Original Plea Agreement
California v. Scarano Docket: C092538 (Third Appellate District), Opinion Date: February 9, 2022.Pursuant to a negotiated agreement approved by the trial court, defendant Anthony Scarano was granted five years of supervised probation after he pleaded no contest to possession of a firearm by a felon. Among the conditions of probation were a search condition, drug treatment programming, and drug testing. On appeal, defendant contended the trial court erred in denying his motion

Nick Woodall
Feb 10, 20221 min read


REVERSAL: Trial Court's Failure to Instruct on 'Mistake of Fact' is Prejudicial
California v. Speck Docket: C093273 (Third Appellate District), Opinion Date: February 2, 2022. A jury found defendant Richard Speck guilty of felony vehicle theft and receiving stolen property with special allegations that the Honda was valued at over $950. Defendant testified; he denied stealing the Honda and knowing it was stolen or had been reported stolen. He claimed he had permission to drive the car and did not think it was stolen because it had an ignition that requir

Nick Woodall
Feb 3, 20222 min read


9th Circuit Reverses Summary Judgment in Favor of Prisoner
Jones v. Slade Docket: 20-15642, Opinion Date: January 24, 2022. The Ninth Circuit reversed the district court's grant of summary judgment in favor of prison officials in an action brought by plaintiff, alleging that the confiscation of his mail violated his rights under the Free Speech and Free Exercise Clauses of the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA). The panel concluded that genuine issues of material fact exist both as t

Nick Woodall
Jan 27, 20221 min read


Remanded: Illegal Search & Seizure
Blakes v. Super. Ct. Court: California Courts of Appeal, Docket: C093856 (Third Appellate District), Opinion Date: December 16, 2021....

Nick Woodall
Dec 17, 20211 min read


Insufficient Evidence: Kidnap to Commit Rape
California v. Lewis Docket: G060049 (Fourth Appellate District), Opinion Date: November 30, 2021. Rodney Lewis appealed after a jury...

Nick Woodall
Dec 1, 20211 min read


Supreme Court Authorizes Governor To Commute Third-Strike Sentence
11/23/2021—The Supreme Court granted Governor Gavin Newsom request to commute a 25 years to life sentence for robbery as a third strike....

Nick Woodall
Nov 23, 20211 min read
bottom of page