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Name: People v. Manzo (2023) 96 Cal.App.5th 538
Case #: E079991
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 10/17/2023

Trial court erred by dismissing felony charges against defendant where he failed to show that the five-year delay in prosecuting the case, which led to the loss of dashcam footage evidence, prejudiced him. In February 2017, the Riverside County District Attorney filed a complaint charging Manzo with three felony offenses based on evidence that was discovered during a traffic stop. Five years later, he was arrested and arraigned on the charges after completing his sentence in a different case. He moved to dismiss the charges on the ground that the delay in prosecuting him violated his due process rights. He…

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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: People v. Gamache
Case #: S052808
Court: CA Supreme Court
District CalSup
Opinion Date: 03/18/2010

Under Penal Code section 1424, a motion for recusal of the prosecutor will not be granted unless it is shown that a conflict exists that makes a fair trial unlikely, with review of the trial court's decision being whether there has been an abuse of discretion. In this death penalty case, the Supreme Court reviewed the denial of the motion for recusal against the entire San Bernadino County District Attorney's Office and found no abuse of discretion. The victim of the attempted murder worked for the office and her husband was the murder victim. The office was extremely large and…

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Name: People v. Markley
Case #: D045682
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 04/03/2006

Appellant was convicted of stalking, and it was also found that she had previously been convicted of stalking within the meaning of Penal Code section 646.9, subdivision (c)(2). On appeal, she argued that as an indigent defendant, she was entitled to a free transcript of the prior stalking trial for purposes of preparing for the second trial, and that the failure to obtain a transcript deprived her of her constitutional right to a fair trial, to impeach witnesses, and to decide whether to testify. The appellate court rejected the argument and affirmed. Although equal protection principles require…

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