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Name: People v. Rodriguez
Case #: F070900
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 10/09/2017

Trial court did not abuse its discretion in admitting evidence of automatically generated GPS data from defendant's ankle monitor. Following his felony conviction, defendant was released from custody with an ankle monitor pursuant to the Kern County Sheriff Department's Electronic Monitoring Program (EMP). The ankle monitor transmitted signals concerning defendant's location at specific dates and times to the EMP's computer tracking system via a Global Positioning Device (GPS). Defendant was arrested after GPS data showed he left the county and state on multiple occasions without permission. Following an evidentiary hearing, the trial court admitted a report about the GPS signals…

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Name: In re T.F.
Case #: A144085
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 10/16/2017

Juvenile court erred by admitting minor's confession because minor did not voluntarily waive his Miranda rights under officer's aggressive and intimidating interrogation. T.F., a minor, was accused of committing a lewd act on a 4-year-old when he was 13 years old. During their investigation, two police officers removed T.F. from his class and put him in a school conference room where their questions "quickly evolved from basic information gathering into an interrogation." During the hour-long session, the officers did not read T.F. his Miranda rights. The officers then transported T.F. to the police station where one officer delivered a rapid…

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Name: People v. Vasquez
Case #: D069298
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/29/2017

Trial court erred in permitting the prosecution to display a 20-foot timeline of child molestation incidents, which was created by the victim and her therapist, as a demonstrative exhibit. Vasquez was charged with various sex offenses involving two minors. The first trial resulted in a hung jury. At the retrial, defense counsel highlighted several inconsistencies in minor P.C.'s testimony during her cross-examination. On redirect, over defense objection, the trial court allowed the prosecution to use a 20-foot timeline created by P.C. and her therapist, which detailed P.C.'s recollection of the sexual interaction between Vasquez and P.C., as "a demonstrative piece…

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Name: People v. Washington
Case #: B270506
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 09/05/2017

Admission in joint murder trial of codefendants' unredacted jail conversation implicating all defendants in the crime was proper because Crawford v. Washington (2004) 541 U.S. 36 confined the reach of the Aranda/Bruton doctrine to testimonial statements. Defendant and two other Blood gang members confronted a rival Crips gang member; defendant shot and killed the rival. All three defendants were charged with murder. At trial, the court admitted portions of a jailhouse recording between the two codefendants, which implicated defendant in the murder. The court instructed the jury not to consider the recording against defendant. Defendant was convicted of first…

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Name: People v. Singh
Case #: C075295
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/02/2017

Rap lyrics were relevant and properly admitted to show the killer's identity and the defendant's intent to kill. Singh, who had a history of conflict with Montoya, shot Montoya in the face, stomach and groin, killing him. In the trial court, Singh sought unsuccessfully to exclude admission of rap lyrics he had allegedly written, which the prosecution offered as evidence of intent and identity. Singh was convicted of first degree murder with a gun use enhancement found true. He appealed. Held: Affirmed. Evidence is relevant if it has "any tendency in reason to prove or disprove any disputed fact that…

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Name: In re Trever P.
Case #: F073691
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 08/14/2017

A mother's audio recording of appellant sexually abusing her 4-year-old son, which was made without the appellant's or the son's knowledge, was admissible at trial under Penal Code section 633.5. A juvenile delinquency petition charged Trever P., 12 years old at the time of the offense, with committing several sex crimes against his 4-year-old cousin Ralph while babysitting him. The primary evidence against Trever was an audio recording made by Ralph's mother who left her cell phone recording function on before leaving the boys alone, suspicious that Trever may have been verbally or physically abusing her son. Trever moved to…

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Name: People v. Brown
Case #: C078620
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/10/2017

Proposition 35, the Californians Against Sexual Exploitation Act, does not prohibit treating uncharged trafficking victim as an uncharged coconspirator under coconspirator exception to the hearsay rule. Defendant was accused of pimping minors, including B. and D. During trial, the jury heard evidence that D. was a 14-year-old prostitute who helped defendant recruit 17-year-old prostitute B. D. did not testify but her statements and texts to defendant were introduced under the coconspirator exception to the hearsay rule (Evid. Code, § 1223). Defendant was convicted of two counts of human trafficking (Pen. Code, § 236.1, subd. (c)), one for B. (count one)…

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Name: People v. Fortin
Case #: B271184
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 06/06/2017

Trial court did not abuse its discretion in excluding results of the "Abel Assessment for Sexual Interest" (Abel test) in molestation case where test has not yet gained acceptance in the scientific community. Defendant was charged with molesting two young girls. At trial, the court allowed the defense expert to opine that defendant lacked a sexual interest in prepubescent children, but did not allow testimony about the results of defendant's performance on the Abel test to prove his lack of sexual interest in children. Defendant was convicted of child molestation and false imprisonment by violence. He appealed. Held: Affirmed. When…

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Name: People v. Campbell
Case #: B267280
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 06/08/2017

Defendant's post-Mirandized silence was properly admitted during trial to rebut defendant's claim that he fully cooperated with police. Campbell drove his car into multiple people on the Venice Beach Boardwalk. At his trial for murder and related offenses, Campbell said it was an accident and claimed he fully cooperated with police. To rebut the claim that Campbell fully cooperated with police, the prosecutor admitted evidence of his post-Mirandized silence. The defense moved for a mistrial, which the trial court denied. The jury convicted Campbell. He appealed. Held: Affirmed. Generally, impeaching a defendant's…

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Name: People v. Edwards
Case #: H042144
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 05/16/2017

Trial court did not err when it allowed the prosecutor to rebut an expert's diagnosis during the sanity phase of a murder trial by using defendant's suppressed statements. A jury found Edwards guilty of first degree murder. During the sanity phase of his case, the trial court allowed the prosecution to use Edwards' statements, which had been suppressed because they were made after he invoked his right to counsel, to impeach the testimony of his expert witnesses. The jury found him sane at the time of the murder. On appeal he challenged the admission of his suppressed statements. Held: Affirmed.…

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