Case Summaries

The Indian Child Welfare Act (ICWA) section 224.2, subdivision (b) initial inquiry requirements do not apply when a minor is brought into custody pursuant to a warrant (section 340). The minor was removed from his parents pursuant to a detention…

Caretaker was entitled to a hearing on removal of minors in her care where the record showed a failure to provide caretaker with proper notice of removal. The minors were removed from their parents and placed with paternal grandparents. At…

When an appellate opinion is admitted at a Penal Code section 1172.6(d)(3) hearing without objection, the facts it recites constitute substantial evidence on which the trial court can rely. Vance’s section 1170.95 (now 1172.6) petition for resentencing in his first…

A trial court has discretion to terminate a Penal Code section 1172.1 recall and resentencing proceeding when a district attorney identifies a legitimate basis for withdrawing its resentencing request before the court rules on the merits. In 1992, a jury…

Welfare and Institutions Code section 781 does not bar supplemental petitions to seal juvenile records. In 2009, when A.B. was 13, he pleaded no contest to two charges, was declared a ward of the juvenile court, and was placed on…

Welfare and Institutions Code section 782 gives the juvenile court discretion to strike individual counts in a 602 petition to change the “most recent” offense into one that is SYTF eligible. The district attorney filed a 602 petition against J.P.…

In petitioner’s Penal Code section 1172.6 proceedings, trial court violated his due process rights by redesignating murder convictions as a robbery without notice and opportunity to be heard. Del Rio, convicted of two first degree murders in 1978, filed a…

Probation condition prohibiting defendant from possessing pornographic materials is unconstitutionally vague. Defendant pleaded no contest to one count of possession of child pornography. (Pen. Code, § 311.11(a)). On appeal, defendant challenged a probation condition prohibiting him from possessing pornographic materials,…

The trial court erred in denying a request for Domestic Violence Restraining Order (DVRO) because the Domestic Violence Prevention Act (DVPA) includes behavior which amounts to “coercive control.” Hatley sought a DVRO protecting herself from Southard, her estranged husband. Hatley…

Denial of motion to suppress evidence reversed where police unlawfully prolonged vehicle stop after determining there was no Vehicle Code violation. Sacramento police stopped Suggs’ car because it displayed only paper plates and the officer did not see any registration…

When considering a parent’s reasonable effort to address a problem from a previous dependency case, the juvenile court should look at the entire time period between when the earliest sibling was removed from the parent’s custody and the current dispositional…

Welf. & Inst. Code section 6500, which guides the involuntary commitment of persons with developmental disabilities found to be a danger to themselves or others, does not violate due process by dispensing with the need for proof of a recent overt act of…

When officers have probable cause to search a particular compartment of a vehicle for evidence of a crime, and no such evidence is found, the search must stop absent facts generating probable cause to search another compartment of the vehicle.…

On remand for resentencing, trial court did not have jurisdiction to readjudicate defendant’s gang enhancement based on Assembly Bill No. 333’s amendments to Penal Code section 186.22. Lopez was convicted of murder and other offenses with gang and other enhancements.…

The hearing required in Penal Code section 1172.6(d)(3) after reversal and remand is not a “new trial” under Code of Civil Procedure section 170.6, and therefore the petitioner is not entitled to a postappeal peremptory challenge of the judge who…

The Indian Child Welfare Act (ICWA) section 224.2, subdivision (b) initial inquiry requirements apply when a minor is brought into custody pursuant to a warrant. The minor was removed from her parents pursuant to a detention warrant. The parents denied…

Opinion by: Justice Jenkins (unanimous decision) A defendant’s life-threatening deadly acts in a gun battle may be the proximate cause of a bystander’s death, even where someone else fired the fatal shot. A jury convicted two brothers (the Mitchells) of…

Investigator who identified defendant as a burglary suspect and knew of his parole status properly placed a warrantless GPS tracking device on his vehicle; the source of his knowledge regarding defendant’s parole status was not legally relevant. Defendant was a…

A defendant convicted of provocative act murder is not eligible for Penal Code section 1172.6 relief as a matter of law. In 1991, defendant and two cohorts planned an armed robbery of a party. Members of the party defended themselves…

People v. Arbuckle (1978) 22 Cal.3d 749, does not require the same judge who approves a plea bargain also determine the amount of victim restitution. Marquez pleaded guilty to several offenses and was sentenced to a prison term. A hearing…

The Sexually Violent Predator Act (SVPA) does not permit the prosecution to retain an expert to testify at a trial on the defendant’s status as a sexually violent predator (SVP). The prosecution filed a petition to commit defendant as an…

Trial court erred in denying motion to suppress evidence found during a vehicle search where the officer unlawfully prolonged a traffic stop to conduct a dog sniff and inquire into matters unrelated to the traffic violation. An officer followed defendant’s…

A resentencing hearing to strike prior prison term enhancements (Senate Bill No. 483) does not entitle the defendant to also seek relief under the Three Strikes Reform Act (Prop. 36). Kimble is serving a life sentence under the Three Strikes…

A warrant application in a suspected child pornography case should include the actual images purporting to establish probable cause, at least in cases where a determination that the images constitute prohibited material requires subjective judgment. Adobe reported a “Cypbertip” that…

Trial court did not abuse its discretion when it dismissed defendant’s case based on a finding that its pre-COVID chronic backlog was not good cause to extend Penal Code section 1382’s presumptive 60-day trial deadline. Defendant’s last day for trial under…

Trial court’s ruling requiring defendant’s husband and sister to attend her trial via livestreaming on the Internet during the COVID-19 pandemic did not violate her right to a public trial. During the COVID-19 pandemic, Zemek was convicted of first degree…

Although petitioner’s jury rejected a robbery-murder special circumstance, he was not entitled to the streamlined process of resentencing provided in Penal Code section 1172.6(d)(2) because he could be convicted under another valid theory of murder liability. In 1995, Garcia accompanied…

Trial court erred in denying defendant’s Penal Code section 1170.95 (now 1172.6) resentencing petition after finding he could still be convicted of murder for stabbing the victim, because the jury’s not true finding on a knife use allegation precluded this…

Substantial evidence supported the juvenile court’s jurisdiction and disposition findings where the findings were not based solely on indigence, but also other factors. The eight-year-old minor (Minor) was removed from Father due to his failure to adequately supervise her and…

Trial court had no jurisdiction to find a violation of probation because, due to Assembly Bill No. 1950’s retroactive change to Penal Code section 1203.1, defendant’s probationary term had expired before the misconduct occurred. In January 2017, defendant entered a plea…