Mandamus

Name: People v. Superior Court (Mitchell) (2023) 94 Cal.App.5th 595
Case #: B326653
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 08/16/2023
  • Categories: Appealable Orders, Extraordinary Remedies, Mandamus, Pretrial Motions, Separation of Powers, Wobblers

A superior court’s order reducing a felony “wobbler” to a misdemeanor is unauthorized under Penal Code section 17(b) when made after the preliminary hearing and before trial. The first count in a felony information charged defendant with a wobbler as a…

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Name: A.T. v. Superior Court
Case #: A149772
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 03/30/2017
  • Categories: Custody, Delinquency (602), Extraordinary Remedies, Mandamus, Plea Bargaining, Pleas

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…

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Name: Davis v. Superior Court (People)
Case #: E063943
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 07/22/2016
  • Categories: Extraordinary Remedies, Mandamus

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…

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Name: Najera v. Shiomoto
Case #: F069387
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 09/17/2015
  • Categories: Evidence, Expert Witness, Extraordinary Remedies, Mandamus, Scientific Evidence

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…

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Name: Yohner v. Cal. Dept. of Justice
Case #: D065985
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/22/2015
  • Categories: Areas Constitutional Law, Equal Protection, Extraordinary Remedies, Legislation, Mandamus, Statutory Construction

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…

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Name: Ruelas v. Superior Court
Case #: H039848
Court: CA Court of Appeal
District 6 DCA
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

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…

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Name: Wofford v. Superior Court (San Diego County)
Case #: D064633
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 10/22/2014
  • Categories: Extraordinary Remedies, Mandamus, Realignment, Sentencing

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…

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Name: People v. Superior Court (Sanchez)
Case #: C071008
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/29/2014
  • Categories: Extraordinary Remedies, Mandamus, Plea Bargaining, Pleas

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…

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Name: Cuevas v. Superior Court (Tulare County)
Case #: F064886
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 12/05/2013
  • Categories: Extraordinary Remedies, Legislation, Mandamus, Statutory Construction

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…

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Name: Fortner v. Superior Court (Monterey County)
Case #: H038353
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 07/17/2013
  • Categories: Extraordinary Remedies, Jurisdiction & Venue, Mandamus, Subject Matter Jurisdiction

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,…

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