Panel Victories Archive

Summary

The Court of Appeal agreed with the parties that Assembly Bill No. 518, which modified Penal Code section 654 to give trial courts the discretion to choose the count on which to impose punishment (instead of having to choose the…

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Name: People v. Perez

Case #: F083193

Opinion Date: 04/10/2023

Attorney: William G. Holzer

Summary

The Court of Appeal agreed with the parties that Assembly Bill No. 518 (which modified Penal Code section 654 to give trial courts the discretion to choose the count on which to impose punishment instead of having to choose the…

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Name: People v. Salvatierra

Case #: F083297

Opinion Date: 04/03/2023

Attorney: Nicholas Seymour

Summary

The Court of Appeal agreed with the parties that the appellant's gang enhancement and convictions must be reversed in light of Assembly Bill No. 333. Additionally, the appellant is entitled to resentencing pursuant to Assembly Bill No. 124, which amended…

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Name: Kern County Department of Human Services v. C.F.

Case #: F085075

Opinion Date: 05/16/2023

Attorney: Elizabeth C. Alexander

Summary

In an appeal from an order terminating parental rights, the Court of Appeal agreed with the parties that the Kern County Department of Human Services and the juvenile court failed to comply with the inquiry requirements of the Indian Child…

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Name: People v. Moore

Case #: C094903

Opinion Date: 03/29/2023

Attorney: Matthew J. Smith

Summary

The Court of Appeal agreed with the parties that Assembly Bill No. 518, which modified Penal Code section 654 to give trial courts the discretion to choose the count on which to impose punishment (instead of having to choose the…

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Name: Fresno Co. Dept. of Social Services v. J.G.

Case #: F085230

Opinion Date: 05/01/2023

Attorney: Robert F. McLaughlin

Summary

In an appeal from the juvenile court’s orders terminating parental rights, the Court of Appeal remanded for compliance with the Indian Child Welfare Act (ICWA), because the juvenile court and Department of Human Services failed to comply with ICWA's inquiry…

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Name: San Joaquin County Human Services Agency v. F.W.

Case #: C096840

Opinion Date: 05/03/2023

Attorney: Gregory Chappel

Summary

In an appeal from the juvenile court’s orders terminating parental rights, the Court of Appeal remanded for compliance with the Indian Child Welfare Act (ICWA), because the juvenile court and Department of Human Services failed to comply with ICWA's inquiry…

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Name: San Joaquin County Human Services Agency v. J.B.

Case #: C097138

Opinion Date: 05/03/2023

Attorney: Neale B. Gold

Summary

In an appeal from the juvenile court’s orders terminating parental rights, the Court of Appeal remanded for compliance with the Indian Child Welfare Act (ICWA), because the juvenile court and Department of Human Services failed to comply with ICWA's inquiry…

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Name: Kern Co. Dept. of Human Services v. S.C.

Case #: F084902

Opinion Date: 04/24/2023

Attorney: Jamie Moran

Summary

In an appeal from the juvenile court’s orders terminating parental rights, the Court of Appeal remanded for compliance with the Indian Child Welfare Act (ICWA), because the juvenile court and Department of Human Services failed to comply with ICWA's inquiry…

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Name: Sacramento County Department of Child, Family and Adult Services v. A.W.

Case #: C097072

Opinion Date: 04/24/2023

Attorney: Beth A. Sears

Summary

In an appeal from the juvenile court’s orders terminating parental rights, the Court of Appeal remanded for compliance with the Indian Child Welfare Act (ICWA), because the juvenile court and Department of Family Services failed to comply with ICWA's inquiry…

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Name: Department of Child, Family and Adult Services v. T.C.

Case #: C096142

Opinion Date: 04/21/2023

Attorney: Seth F. Gorman

Summary

In an appeal from the juvenile court’s jurisdictional and dispositional orders, the Court of Appeal agreed with appellant, the mother of L.C., that the juvenile court lacked subject matter jurisdiction over L.C., under the Uniform Child Custody Jurisdiction and Enforcement…

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Name: People v. Salvatierra

Case #: F083297

Opinion Date: 04/03/2023

Attorney: Nicholas Seymour

Summary

The Court of Appeal agreed with the parties that Assembly Bill No. 333 applies retroactively to the appellant’s substantive gang offense and gang enhancements under Penal Code section 186.22. As a result, the court reversed the gang offense and enhancements…

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Name: People v. Meskell

Case #: C095788

Opinion Date: 04/25/2023

Attorney: Marcia Clark

Summary

The Court of Appeal held that the in appellant’s trial, the felony murder and special circumstance jury instructions improperly permitted the jury to find defendant liable under a proximate cause theory rather than as the actual killer, a requirement after…

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Name: People v. Lopez

Case #: F083399

Opinion Date: 02/22/2023

Attorney: William J. Capriola

Summary

The Court of Appeal remanded for resentencing (1) in light of Assembly Bill No. 518, which amended Penal Code section 654 to give trial courts the discretion to choose the count on which to impose punishment (instead of having to…

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Name: People v. Mitchell

Case #: F081153

Opinion Date: 01/04/2023

Attorney: Mark Alan Hart

Summary

In light of People v. Strong (2022) 13 Cal.5th 698, the Court of Appeal reversed the trial court’s denial of the appellant’s Penal Code section 1172.6 petition for resentencing, holding that a pre-Banks and Clark special circumstance admission did not…

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Name: People v. Heather W.

Case #: F085109

Opinion Date: 05/02/2023

Attorney: Carolyn S. Hurley

Summary

In an appeal from an order terminating parental rights pursuant to Welfare and Institutions Code section 366.26, the Court of Appeal agreed with the parties that the Fresno County Department of Social Services and the juvenile court failed to comply…

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Name: People v. Philbrook

Case #: C088692

Opinion Date: 05/10/2022

Attorney: Michelle May Peterson

Summary

In this appeal from the denial of a Penal Code section 1172.6 resentencing petition, the Court of Appeal agreed with the parties that remand was appropriate in light of Senate Bill No. 775, which extended 1172.6 eligibility to individuals, like…

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Name: People v. Belmonte

Case #: F084537

Opinion Date: 03/28/2023

Attorney: Athena Shudde

Summary

In light of People v. Strong (2022) 13 Cal.5th 698, the Court of Appeal reversed the trial court’s denial of the appellant’s Penal Code section 1172.6 petition for resentencing, holding that a pre-Banks and Clark special circumstance finding did not…

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Name: People v. Vela

Case #: F083161

Opinion Date: 03/29/2023

Attorney: Rebecca P. Jones

Summary

The Court of Appeal reversed the appellant's murder conviction, agreeing with the parties that the optional paragraph in CALCRIM No. 571 ("[i]mperfect self-defense does not apply when the defendant, through his own wrongful conduct, has created circumstances that justify his…

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Name: People v. Rojas

Case #: F083091

Opinion Date: 01/09/2023

Attorney: Gillian Black

Summary

The Court of Appeal agreed with the parties that the appellant’s case must be remanded for resentencing pursuant to Senate Bill No. 567 (2021-2022 Reg. Sess.), which generally limits the trial court’s ability to impose an upper term sentence unless…

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