Mandamus Archives

Categories: Custody, Delinquency (602), Extraordinary Remedies, Mandamus, Plea Bargaining, Pleas

Summary

Juvenile court improperly denied minor's request for release to the custody of her mother in order to pressure her to accept a plea bargain. Police found A.T. and her brother with a gun that the brother's girlfriend's father had reported…

View Full Summary

Name: Davis v. Superior Court (People)

Case #: E063943

Opinion Date: 07/22/2016

Categories: Extraordinary Remedies, Mandamus

Summary

Indigent defendant is not required to pay in advance for costs of postconviction discovery. In 1998 a jury convicted Davis of three counts of first degree murder with enhancements. He was given multiple LWOP terms. In 2011, he sought postconviction…

View Full Summary

Name: Najera v. Shiomoto

Case #: F069387

Opinion Date: 09/17/2015

Categories: Evidence, Expert Witness, Extraordinary Remedies, Mandamus, Scientific Evidence

Summary

Trial court did not err in overturning administrative suspension of driver's license where Kern County Regional Crime Lab used incorrect procedures in performing and reporting blood tests. The Department of Motor Vehicles (DMV) suspended Najera's driver's license after it found…

View Full Summary

Name: Yohner v. Cal. Dept. of Justice

Case #: D065985

Opinion Date: 05/22/2015

Categories: Areas Constitutional Law, Equal Protection, Extraordinary Remedies, Legislation, Mandamus, Statutory Construction

Summary

Stepgrandparent who molested stepgranddaughter does not qualify for exclusion from Megan's Law website. Yohner was convicted of molesting his stepgranddaughter (Pen. Code, § 288, subd. (a)). He filed an application with DOJ under Penal Code section 290.46, subdivision (e)(2)(D)(i) for…

View Full Summary

Name: Ruelas v. Superior Court

Case #: H039848

Opinion Date: 03/20/2015

Categories: Areas Constitutional Law, CYA Commitment, Delinquency (602), DJF Commitment (Dept. of Juv. Facilities), Equal Protection, Extraordinary Remedies, Mandamus, Penalties/Registration, Sentencing

Summary

Juvenile's equal protection challenge to his mandatory sex offender registration for a violation of Penal Code section 647.6 fails. In 1994, at age 14, Ruleas admitted committing misdemeanor annoying or molesting a child (Pen. Code, § 647.6) and was adjudged…

View Full Summary

Name: Wofford v. Superior Court (San Diego County)

Case #: D064633

Opinion Date: 10/22/2014

Categories: Extraordinary Remedies, Mandamus, Realignment, Sentencing

Summary

Defendant serving non-custodial portion of Realignment split sentence is eligible for transfer of supervision under Interstate Compact. Wofford was convicted of drug-related offenses and sentenced under the Realignment Act to a split term. After she commenced serving the supervised, non-custodial…

View Full Summary

Name: People v. Superior Court (Sanchez)

Case #: C071008

Opinion Date: 01/29/2014

Categories: Extraordinary Remedies, Mandamus, Plea Bargaining, Pleas

Summary

Trial court erred by denying the prosecution's request to vacate a plea bargain based on a mutual mistake of law and by imposing a sentence other than what was bargained for. Appellant pled no contest to one count of attempted…

View Full Summary

Name: Cuevas v. Superior Court (Tulare County)

Case #: F064886

Opinion Date: 12/05/2013

Categories: Extraordinary Remedies, Legislation, Mandamus, Statutory Construction

Summary

A policing agency is not authorized to commence nonjudicial forfeiture proceedings. During an investigation, Police seized more than $7,000 from Cuevas and found trace amounts of methamphetamine in his wallet. Police gave Cuevas a "Notice of Nonjudicial Forfeiture Proceedings" form…

View Full Summary

Name: Fortner v. Superior Court (Monterey County)

Case #: H038353

Opinion Date: 07/17/2013

Categories: Extraordinary Remedies, Jurisdiction & Venue, Mandamus, Subject Matter Jurisdiction

Summary

Trial court lacked territorial jurisdiction over domestic violence offense committed in Hawaii against a victim who was subsequently battered in California. In early 2010, Fortner and Doe, who lived together, argued about Fortner's past use of prostitutes. In April 2010,…

View Full Summary

Name: Jointer v. Superior Court of Orange County

Case #: G047824

Opinion Date: 06/28/2013

Categories: Evidence, Extraordinary Remedies, Identification, Mandamus, Scientific Evidence, Scientific Means

Summary

Trial court abused its discretion in denying a Penal Code section 1405 motion for postconviction DNA testing because, assuming the test came back favorable for the defendant, there is a reasonable probability of a more favorable verdict. Appellant was convicted…

View Full Summary

Page 1
Page 2
Page 3
Next