Equal Protection

Name: People v. Shkrabak (2023) 89 Cal.App.5th 943
Case #: C096266
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/28/2023
  • Categories: 1368 Competence, Areas Constitutional Law, Credits, Equal Protection, Pretrial Motions, Sentencing

Under equal protection principles, defendant is entitled to custody credits for time spent in state hospital after the trial court found him incompetent to stand trial. On appeal, defendant requested a recalculation of his custody credit to include time spent…

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Name: People v. Bolanos
Case #: F082970
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 01/26/2023
  • Categories: Areas Constitutional Law, Double Punish. (PC 654/AB 518), Due Process, Equal Protection, One Strike Law, Pleadings, Requirements of, Sentencing

The youthful offender parole scheme under Penal Code section 3051 does not, on its face, violate equal protection. Appellant was 22 years old when he committed various sex crimes for which he was sentenced to serve two LWOP terms and…

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Name: People v. Ngo (2023) 89 Cal.App.5th 116
Case #: E078723
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 03/10/2023
  • Categories: Areas Constitutional Law, Equal Protection, Probation / Parole / PRCS, Youth Offender Parole

Penal Code section 3051 does not violate equal protection because there is a rational basis for excluding youthful offenders sentenced to LWOP from youthful offender parole hearings. Ngo, at the age of 19, was convicted of first degree murder, with…

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Name: People v. McClure
Case #: H048280
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 08/17/2021
  • Categories: Areas Constitutional Law, Cruel and Unusual Punishment, Due Process, Equal Protection, Manslaughter, SB 1437, Sentencing

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.…

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Name: Landau v. Superior Court
Case #: G056050
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 02/15/2019
  • Categories: Areas Constitutional Law, Civil Commitments, Equal Protection, SVP

Petitioner's motion to quash subpoena was properly denied because Sexually Violent Predator Act (SVPA) explicitly authorizes both parties to subpoena a sexually violent predator's otherwise confidential medical records. A jury found Landau to be a sexually violent predator (SVP) and…

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Name: People v. Munoz
Case #: B282323
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 01/10/2019
  • Categories: Areas Constitutional Law, Crimes, Due Process, Equal Protection, General Principles, Jury Instructions, Lesser-Included Offenses

Defendant was not entitled to an instruction on gross vehicular manslaughter while intoxicated as a lesser included offense (LIO) of a Watson murder under the accusatory pleading test. Munoz, while driving under the influence of alcohol, collided with another car,…

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Name: People v. Garcia
Case #: B269836
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 12/17/2018
  • Categories: Areas Constitutional Law, Cruel and Unusual Punishment, Equal Protection, Minor Found Unfit, Prop 57 Juvenile, Sentencing

Defendant who was 17 years old when he committed multiple sexual offenses is entitled to a remand of his case for a new juvenile fitness hearing because after Proposition 57 the criteria changed to determine whether a minor is fit…

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Name: People v. Bedrossian
Case #: A151917
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 02/27/2018
  • Categories: Areas Constitutional Law, Due Process, Equal Protection, Legislation, Statutory Construction

Penal Code section 851.8 does not violate due process by requiring the statute of limitations for a crime to lapse before a petition to be deemed factually innocent may be adjudicated. Bedrossian was arrested on suspicion of felony false imprisonment…

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Name: People v. Chatman
Case #: S237374
Court: CA Supreme Court
District CalSup
Opinion Date: 02/01/2018
  • Categories: Areas Constitutional Law, Equal Protection

Certificate of rehabilitation statute, which distinguishes between former state prisoners and former felony probationers with respect to eligibility, does not deny equal protection of the law. In 2001, Chatman pleaded guilty to robbery and was placed on probation. Two years…

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Name: People v. Zamudio
Case #: B271406
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 05/15/2017
  • Categories: Areas Constitutional Law, Equal Protection, Parole, Probation / Parole / PRCS

A petition to revoke parole filed by the district attorney need not include a report detailing why intermediate sanctions are inappropriate, as is required of the supervising parole agency. Zamudio was convicted of making a criminal threat (Pen. Code, §…

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