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Name: People v. Saldana
Case #: D071432
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/12/2018

Where police created an atmosphere equivalent to that of formal arrest but did not provide Miranda warnings to defendant, trial court prejudicially erred by allowing defendant's confession to be admitted into evidence. The 58-year-old defendant, with no notable criminal history, was accused of committing lewd acts on three neighborhood girls (ages six, eight, and eleven). The veracity of the children's claims was open to question. The older two watched a daily soap opera that frequently depicted adult themes, and the girls acted out episodes themselves afterward. The day before their accusation, they watched an episode involving…

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Name: People v. Harrison
Case #: B272132
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 10/26/2017

Prosecutor's failure to disclose a digital in-car camera recording of defendant's alleged confession constituted a Brady violation and warranted reversal of one count. Harrison was charged with various assault, firearm, and criminal threat offenses after an incident in which he pointed a gun at his cousin and allegedly threatened to kill him. At his first trial, Harrison represented himself. He stipulated that he was a convicted felon and admitted several times that he possessed the gun, but maintained that he did not assault anyone with the firearm. According to officers, Harrison was advised of and waived his Miranda rights and…

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Name: Rodriguez v. McDonald
Case #: 12-56594
Court: US Court of Appeals
District 9 Cir
Opinion Date: 09/29/2017

Federal habeas relief warranted where state court unreasonably determined police honored petitioner's invocation of right to counsel during interrogation when he was fourteen years old. When he was fourteen years old, a California jury found Rodriguez guilty of second degree murder and attempted murder based on allegations that he participated in a drive-by shooting. Gang and firearm enhancements were found true. On appeal, Rodriguez challenged the denial of his motion to suppress evidence of his confession on the ground that it was obtained in violation of Miranda. The Court of Appeal affirmed, finding police ceased questioning after defendant invoked his…

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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: United States v. Luna Zapien
Case #: 14-10224
Court: US Court of Appeals
District 9 Cir
Opinion Date: 07/03/2017

Biographical questions asked during a routine booking procedure after defendant's invocation of his right to counsel did not amount to interrogation because they were not reasonably likely to elicit an incriminating response. Defendant was arrested on suspicion of possessing and selling drugs. An officer read defendant his Miranda rights in Spanish, and he said he understood and was willing to speak to officers. After five minutes of questioning, defendant invoked his right to counsel. The officer then explained that he was no longer going to ask questions about the evidence but he needed biographical information for a form. During these…

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Name: In re B.M.
Case #: B277076
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 04/20/2017

Juvenile court's factual finding that a common butter knife was a deadly weapon was not wholly irreconcilable with the evidence. Appellant, a minor, attacked her sister with a metal butter knife while her sister was lying on her back in bed. The sister covered herself with a blanket for protection. Although she felt pressure from the knife through the blanket, she was not injured. The juvenile court sustained a Welfare and Institutions Code section 602 petition alleging appellant committed felony assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)). On appeal, appellant argued there was insufficient evidence that…

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Name: Robertson v. Pichon
Case #: 15-16463
Court: US Court of Appeals
District 9 Cir
Opinion Date: 03/02/2017

State court did not unreasonably apply clearly established U.S. Supreme Court precedent by failing to suppress a suspect's statements that he made after he asked for counsel in response to a request to submit to a chemical test. Police pulled Pichon over after receiving a tip that he was driving under the influence. He was ultimately arrested. At the police station, Pichon refused a breath test and blood draw and demanded to speak with an attorney. After providing Pichon with warnings under Miranda v. Arizona (1966) 384 U.S. 436, police asked him about a billy club they found in his…

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Name: People v. Cuiriz
Case #: A144351
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 02/14/2017

Sentence of 27 years to life for defendant who shot her father's attacker is cruel and unusual. During defendant's nineteenth birthday party, two uninvited males arrived and beat up defendant's father. Defendant saw her father on the ground with his face full of blood, and became angry when the two men threatened to return and stated they were gang members. Defendant was handed a gun and fired one shot as the men got into their truck. The shot hit one of the men and pierced his spinal cord, rendering him a quadriplegic. A jury convicted defendant of attempted voluntary…

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Name: People v. Superior Court (Corbett)
Case #: B276937
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 02/14/2017

The prosecution failed to establish that evidence found during a warrantless search based on invalid consent would inevitably have been discovered. When police began interrogating Corbett, an alleged stalker, he invoked his right to remain silent. Nevertheless, they continued interrogating him and he ultimately made admissions and gave police consent to search his residence for firearms. Police searched his home and found a number of illegal firearms and ammunition. After obtaining a search warrant, they conducted a second search of the home and found additional firearms. The trial court granted Corbett's motion to suppress the evidence found during the first…

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Name: People v. Jones
Case #: B263800
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 01/19/2017

Defendant was unable to establish a prima facie case of racial discrimination in jury selection even though prosecutor struck three African-American prospective jurors. Jones, a 17-year-old African-American, was tried as an adult for murder and attempted murder. During jury selection, the prosecutor struck three African-American jurors: one for serving on a hung jury and two others for lacking life experience because they were young, unmarried, and had no children. Jones made a motion pursuant to Batson v. Kentucky (1986) 476 U.S. 79 and People v. Wheeler (1978) 22 Cal.3d 258, which the trial court denied, reasoning that Jones failed to…

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