Case Summaries

Denial of a Penal Code section 1172.6 petition affirmed where the jury’s true finding on a drive-by shooting special circumstance allegation, together with the court’s instructions, conclusively demonstrated petitioner was ineligible for relief. In 2005, petitioner was convicted of first…

A Franklin hearing does not reopen a final judgment or sentencing; it is an “evidence preservation process” to gather data for future determination of parole. In 2006, White was convicted of second degree murder and other offenses based on an…

Inadequate initial Indian Child Welfare Act (ICWA) inquiry was prejudicial under the Benjamin M. standard and any speculation about the minor's placement with a relative is not a proper consideration. The minor was removed shortly after birth and placed with…

Penal Code section 1170.95 relief is unavailable to a petitioner concurrently convicted of first degree murder and conspiracy to commit murder where both convictions involve the same victim. In 1991, Medrano was convicted of two counts of first degree murder,…

Mother's completion of a 90-day drug treatment program did not demonstrate a material change of circumstances necessary to grant a Welfare and Institutions Code section 388 petition. The minor N.F. was removed after she and Mother tested positive for methamphetamine…

California's DNA Act did not violate defendant's search and seizure rights or privacy rights under either the federal or state constitutions. A teenage girl's murder went unsolved until defendant's DNA was linked to certain items found at the scene. Defendant's…

Trial court correctly instructed jury with "kill zone" theory of attempted murder liability where defendant shot through closed doors at pursuing police officers. Mumin was convicted of special circumstance murder after he killed a man during a store robbery, as…

The 2020 statutory reduction in the length of parole terms to two years (Pen. Code, § 3000.01) applies to section 1170.95 petitioners who are resentenced to a determinate term. In 1998, Tan was convicted of first degree murder and robbery.…

Penal Code section 1170.95 does not apply to individuals charged with murder but convicted by plea of voluntary manslaughter. In 2016, McClure was initially charged with deliberate and premeditated murder for her participation in events leading to the victim's death.…

Defendant's convictions for regulatory offenses upheld where the evidence supported a finding he had an employment relationship with his equipment operators. Czirban was convicted of regulatory offenses, including tax evasion and failure to secure workers' compensation insurance, following a fatal…

Under Penal Code section 1473.7, a trial court is not required to deny a motion to vacate a conviction (based on inadequate understanding of immigration consequences) where the motion is untimely. In 2019, defendant filed a motion under section 1473.7…

The full opinion is available on the court's website here: https://www.courts.ca.gov/opinions/documents/A161417.PDF

Insufficient evidence supported the juvenile court's finding under Welfare and Institutions Code section 300, subdivision (d) where minor displayed sexualized behavior after having possibly witnessed a parent engaging in sexual activity. Following removal from his parents, L.O. was exhibiting troubling…

The juvenile court considered improper factors when addressing whether the parents had met their burden regarding the parental benefit exception to adoption. The minors were removed due to their parents' domestic violence and substance abuse issues. Reunification services to the…