recent case summaries


Hale v. Superior Court
G048948 : 4/2/2014

A defendant may not be charged with both manslaughter and a great bodily injury (GBI) enhancement allegation under Penal Code section 12022.7 based on the same victim's death. Appellant, with a blood alcohol level of .15%, lost control of...

U.S. v. IMM
11-10317 : 3/31/2014

Juvenile defendant was in custody for Miranda purposes when he was questioned at a police station by a detective who used aggressive, coercive, and deceptive interrogation tactics. Twelve-year-old minor IMM was convicted of feder...

People v. Durst
C071233 : 3/28/2014

Appellant's two-step interrogation did not implicate Missouri v. Seibert (2004) 542 U.S. 600 because he was not in custody during the first interview. Appellant was convicted of arson and other crimes with enhancements. Appellant ...

People v. Ngo
H038673 : 3/28/2014

Defendant's Penal Code section 288 conviction was reversed because the unanimity instruction incorrectly defined the time period for the charged offense and the error was not harmless. Appellant was convicted of sexual penetration with a c...

People v. Brewer
A135616 : 3/27/2014

Where a defendant is convicted of a violent felony and prior prison term enhancements under Penal Code section 667.5, subdivisions (b) and (a) are found true, the enhancement alleged under subdivision (b) is stayed. Appellant was convic...

People v. Marinelli
H039416 : 3/27/2014

A defendant convicted of attempted lewd and lascivious acts on a child under 14 years (Pen. Code, 664, 288, subd. (a)) is eligible for relief under Penal Code section 1203.4, subdivision (a). In 2008, appellant pled no contest to attem...

People v. Black
S206928 : 3/27/2014

When a trial court's erroneous ruling requires a defendant to use a peremptory challenge and leaves him unable to exclude an objectionable juror from his case, reversal is not required unless an incompetent juror sits on the case. Appella...

People v. Friday
H039404 : 3/27/2014

The Fifth Amendment waiver provision in Penal Code section 1203.067, subdivision (b)(3) is unconstitutionally overbroad. Appellant was convicted of possession of child pornography (Pen. Code, 311.11, subd. (a)) and granted probation. As ...

People v. Petrovic
B24650 : 3/26/2014

A defendant may "possess" or "control" child pornography under Penal Code section 311.11 even if he did not realize his computer automatically saved images he accessed on the Internet. Defendant was on parole with conditions prohibiting hi...

People v. Morales
H039915 : 3/26/2014

Even though appellant was not convicted of a felony, the Court of Appeal had jurisdiction because the action was a felony case under California Rules of Court, rule 8.304(a)(2). By complaint, appellant was charged with felony possession o...