Corey Hughes v. Michael Rodriguez Court: US Court of Appeals for the Ninth Circuit, Docket: 20-17144, Opinion Date: April 21, 2022. Plaintiff alleged that law enforcement officers used excessive force in apprehending him after he escaped from a County Jail highway work crew and lived on the lam for three weeks. The Ninth Circuit affirmed in part and reversed in part the district court’s summary judgment in favor of law enforcement officials. The court held that the bodycam fo

People v. Bloom Court: Supreme Court of California, Docket: S095223, Opinion Date: April 21, 2022. The Supreme Court affirmed in part and reversed in part the judgment of the trial court convicting Defendant of the first-degree murder of his father and the second-degree murders of his stepmother and stepsister and sentencing him to death, holding that Defendant's second-degree murder convictions must be reversed. A federal court vacated Defendant's initial conviction and sent

USA v. Robert House Docket: 20-30169, Opinion Date: April 15, 2022. The district court ruled that two of Defendant’s prior felony...

People v. Burgos Docket: H045212 (Sixth Appellate District), Opinion Date: April 15, 2022. Each appellant was charged with two counts of...

Patrick Russell v. Jocelyn Lumitap Court: US Court of Appeals for the Ninth Circuit, Docket: 18-55831, Opinion Date: April 13, 2022. The Ninth Circuit affirmed in part and reversed in part the district court’s denial of qualified immunity to medical providers at Orange County Jail in 1983 claims alleging that Defendants were deliberately indifferent to the medical needs of Plaintiff, a detainee who died from a ruptured aortic dissection. The court stated to defeat qualified i

People v. Crites Court: California Courts of Appeal, Docket: A162940 (First Appellate District), Opinion Date: April 14, 2022. Crites was convicted in 1977 of first-degree murder, receiving stolen property, and auto theft. The court sentenced him to an indeterminate term as prescribed under the law at the time. In 2021, Crites filed a motion entitled, “motion for discovery and/or correction/expungement of erroneous information affecting 'liberty interests’ and 'due process ”

People v. Canedos Docket: B308433 (Second Appellate District), Opinion Date: April 13, 2022. In 2016, Defendant pleaded guilty to various felony offenses. The court sentenced Defendant to four years in prison. However, the court suspended the execution of Defendant's sentence pending the completion of four years of probation. Three years later, Defendant pleaded guilty to several domestic violence offenses, including assault with a deadly weapon. The trial court found Defenda

People v. Pantoja Docket: A162591 (First Appellate District), Opinion Date: April 13, 2022. Vacaville Officer Hill followed a car and noticed the license plate light and third brake light at the vehicle's back window appeared not to be working. Hill initiated a traffic stop. Pantoja was alone in the car. When Pantoja gave his name, Hill remembered Pantoja “had a history of violence and firearm possession, and he was at the time an investigative lead in a homicide.” There was

4/14/2022—The California Supreme Court ruled that Governor Gavin Newsom can pardon Steve Kirkendoll for a 1977 conviction of first and second degree robbery and a 1978 conviction of first degree robbery. In February, Newsom asked for the court’s recommendation, which is constitutionally required before he can grant clemency to anyone, like Kirkendoll, who has been “twice convicted of a felony.” The court has said it reviews clemency recommendation requests under a deferential

People v. Cooper Docket: A161632 (First Appellate District), Opinion Date: April 12, 2022. In 2004, Cooper was convicted of first-degree murder and kidnapping based on his participation in a 1995 killing. The jury found true that a principal was armed with a firearm during both offenses, but acquitted Cooper of the charge of being a felon in possession of a firearm. Cooper was sentenced to 58 years to life in prison. In 2019, Cooper sought relief under Penal Code section 1170

People v. Flores Docket: F081903 (Fifth Appellate District), Opinion Date: April 12, 2022. Defendant was charged with one felony count of possession of a controlled substance for sale. On appeal, defendant sought relief under Assembly Bill 1950 ("AB 1950") which limits probation to a period not to exceed one year in misdemeanor cases and two years in felony cases, subject to certain exceptions. The parties agreed that AB 1950 is retroactive, however, they disagree on the reme

California v. Hola Docket: C087459, (Third Appellate District), Opinion Date: April 11, 2022. A jury found defendant Charlie Hola guilty of second degree murder. Defendant’s conviction arises from a murder capping a three-hour crime spree. Defendant was sentenced to an aggregate term of 48 years to life. Defendant originally raised several contentions related to the natural and probable consequences theory underlying his second degree murder conviction, including that insuffi

USA v. Rhett Irons Docket: 20-30056, Opinion Date: April 11, 2022. After Defendant sold fentanyl to an undercover officer, federal agents executed a search warrant at his home, leading to the discovery of fentanyl, oxycodone and a loaded firearm. Defendant was indicted on conspiracy to distribute a substance containing fentanyl, possession with intent to deliver fentanyl, and possession of a firearm in furtherance of drug trafficking. At trial, Defendant contested only the co

People v. Banner Dockets: F079770A & F081144 (Fifth Appellate District), Opinion Date: April 8, 2022. Defendant was convicted of robbery. On his initial appeal, Defendant raised several issues, each of which was rejected. Defendant subsequently filed a habeas petition alleging ineffective assistance of counsel. This, too, was denied. Defendant filed a petition for rehearing, requesting the court order a resentencing hearing under then then-newly-passed AB 124.

People v. Lopez Docket: S261747, Opinion Date: April 7, 2022. The Supreme Court reversed the judgment of the court of appeal affirming Defendant's life sentence for his conviction of conspiracy to commit home invasion robbery under Cal. Penal Code 186.22(b)(4), holding that the superior court erred in sentencing Defendant to an indeterminate life term under that provision.

Thompson v. Clark Docket: 20-659, Opinion Date: April 4, 2022. Thompson was living with his fiancée and their newborn baby in a Brooklyn apartment. Thompson’s sister-in-law, apparently suffering from mental illness, called 911 to report that Thompson was sexually abusing the baby. When Emergency Medical Technicians arrived, Thompson denied that anyone had called 911. The EMTs returned with police officers, Thompson told them that they could not enter without a warrant. The po

People v. Salinas Docket: B307985 (Second Appellate District), Opinion Date: April 4, 2022. During Defendant’s murder trial, the prosecution used five of its eight peremptory challenges to remove Black women from the jury panel. Defense counsel raised a Batson challenge at trial. Batson v. Kentucky , 476 U.S. 79 (1986). The court accepted the prosecution’s proffered reasons for the use of its peremptory challenges. Defendant was convicted and appealed. When the trial court

USA V. RUSLAN KIRILYUK Docket: 19-10447, Opinion Date: April 1, 2022. Defendant was convicted of 28 felony offenses in connection with a fraud conspiracy involving 120,000 American Express Cards. In sentencing Defendant to 27 years’ imprisonment, the district court relied in part on Application Note 3(F)(i) to U.S.S.G. Sec. 2B1.1 (“the Application Note”), which provides that the “loss” amount for the use of counterfeit credit cards must at least $500 per credit card used. Usi

USA V. LUCIO MEDINA-SUAREZ Docket: 20-50294, Opinion Date: April 1, 2022. Defendant was convicted of attempted illegal entry under 8 U.S.C. Sec. 1325(a). On appeal to the Ninth Circuit, Defendant claimed the district court erred in denying his request for a jury instruction on the lesser-included offense of misdemeanor attempted illegal entry. The Ninth Circuit reversed Defendant’s conviction. Under United States v. Arnt , 474 F.3d 1159 (9th Cir. 2007) A defendant is entitled

People v. McMurray Docket: C090767 (Third Appellate District), Opinion Date: March 30, 2022. Defendant Woody McMurray appealed a trial court’s denial of a recommendation made by the Secretary (Secretary) of the California Department of Corrections and Rehabilitation (CDCR) under former Penal Code section 1170(d)(1) that the trial court consider recalling defendant’s sentence and resentencing him in light of changes made to section 12022.53. Defendant contended the trial court