Waiver

Name: People v. Perez
Case #: S248730
Court: CA Supreme Court
District CalSup
Opinion Date: 02/27/2020
  • Categories: Areas Constitutional Law, Confront/Cross-exam, Evidence, Expert Witness, Gang Affiliation, Waiver

Defendant's failure to object at trial, before People v. Sanchez (2016) 63 Cal.4th 665 was decided, did not forfeit a claim that a gang expert's testimony related case-specific hearsay in violation of the confrontation clause. Perez, Chavez, and Sandoval were…

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Name: People v. Lopez
Case #: B282867
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 01/09/2018
  • Categories: Areas Constitutional Law, Not Guilty, Pleas, Waiver

Defense counsel's concession of defendant's guilt on charge of hit and run was not tantamount to a guilty plea and does not require reversal of that conviction. While driving under the influence of alcohol, Lopez hit and killed a motorcyclist,…

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Name: People v. Jones
Case #: B279694
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 08/21/2018
  • Categories: Accomplice Testimony, Appeals, Areas Constitutional Law, Evidence, Insufficiency/Sufficiency of, Right to Jury Trial, Trial Proceedings, Waiver, Waiver of Right

Murder conviction reversed where defendant's waiver of jury trial after bare two-question inquiry was not knowing and voluntary. Jones was convicted of second degree murder and child abuse following the death of her four-month-old daughter. On appeal she argued her…

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Name: People v. Farwell
Case #: S231009
Court: CA Supreme Court
District CalSup
Opinion Date: 06/21/2018
  • Categories: Areas Constitutional Law, Confront/Cross-exam, Right Against Self-incrim, Right to Jury Trial, Trial Proceedings, Waiver, Waiver of Jury Trial

When a trial court fails to advise a defendant and take waivers of any of his trial rights before accepting a guilty plea, the Howard totality of the circumstances test applies to determine whether the plea is valid. Farwell was…

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Name: People v. Gandy
Case #: B264452
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 08/03/2017
  • Categories: Areas Constitutional Law, Guilty Pleas, Pleas, Waiver

Defendant may collaterally attack an out-of-state prior conviction on Boykin-Tahl grounds where the foreign State had "Tahl-like" requirements in place at the time of the plea. Opinion on rehearing. Gandy was charged with a number of offenses. Three prior Oregon…

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Name: People v. Fox
Case #: D063169
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 03/05/2014
  • Categories: Areas Constitutional Law, Right to Counsel, Self-Representation, Waiver

Trial court's misadvice regarding nature of charge and whether conviction would be a strike did not render defendant's waiver of counsel invalid. Fox was convicted of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) and vandalism for…

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Name: People v. Johnson
Case #: B239867
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 11/26/2013
  • Categories: Areas Constitutional Law, Confront/Cross-exam, Due Process, Jury Deliberations, Presentation of Evidence, Trial Proceedings, Waiver

It was harmless error for the trial court to allow the bailiff, outside defendant's presence, to demonstrate the operation of the murder weapon and to answer jury questions regarding the weapon. Johnson, a CHP officer, was convicted by jury of…

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Name: People v. Nguyen
Case #: E048880
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/20/2013
Subsequent History: Review granted 11/26/13: S213703
  • Categories: Areas Constitutional Law, Civil Commitments, Due Process, Equal Protection, SVP, Waiver

Defendant's absence at SVP trial was harmless beyond a reasonable doubt. Nguyen was found to be a sexually violent predator (SVP) and committed to the Department of Mental Health (DMH) for an indeterminate term following a petition for recommitment. Nguyen…

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Name: United States v. Barnes
Case #: 11-30107
Court: US Court of Appeals
District 9 Cir
Opinion Date: 04/18/2013
  • Categories: Areas Constitutional Law, Confessions, Interrogations & Confessions, Miranda v. Arizona, Right Against Self-incrim, Waiver

Defendant's federal drug conviction reversed where FBI agents deliberately delayed giving Miranda warnings in an effort to induce self-incrimination. Defendant was convicted of a federal drug offense after the trial court denied his motion to suppress statements he gave to…

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Name: People v. Linarez
Case #: C052722
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/05/2007
Subsequent History: rvw granted 1/16/08, S158154
  • Categories: Areas Constitutional Law, Waiver

A defendant can waive his 6th Amendment right to a jury trial on determination of aggravating factors necessary to justify an upper term sentence by entering a tailored Harvey waiver. (People v. Harvey (1979) 25 Cal.3d 754.) Appellant pled guilty…

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