Recent changes
People v. Sheed - Motion to Vacate Conviction
The California Court of Appeal reversed an order denying Donny Kay Sheed's motion to vacate his 1989 conviction based on newly discovered evidence of factual innocence. The court found Sheed was entitled to a hearing on his motion.
People v. Snow - Criminal Sentencing Appeal
The California Court of Appeal, Third Appellate District, has reversed and remanded a sentencing order for Ricky Alan Snow. The court reconsidered the case in light of a Supreme Court directive concerning the application of the Three Strikes Reform Act of 2012.
Fisher v. Fisher - Wrongful Death Appeal
The California Court of Appeal affirmed a judgment in a wrongful death case. The court found that the defendants' tortious conduct was the legal cause of the decedent's relapse and subsequent death, upholding jury awards totaling approximately $9.4 million plus punitive damages.
S.O. v. Bonita Unified School District - Childhood Sexual Assault Claims
The California Court of Appeal reversed a lower court's decision, holding that Assembly Bill No. 218's retroactive waiver of the claim presentation requirement for childhood sexual assault claims does not violate the California Constitution. This ruling allows plaintiffs to bring claims that would otherwise be time-barred.
People v. Adams - Criminal Threat Conviction Affirmed
The California Court of Appeal affirmed a conviction for making a criminal threat against Christopher Larry Adams. The court found that Adams forfeited his argument for reducing the felony to a misdemeanor by failing to raise it at the sentencing hearing and that the argument also failed on its merits.
People v. Velazquezhuar - Criminal Appeal
The California Court of Appeal, Fourth Appellate District, Division Three, filed an opinion affirming a judgment against Omar Velazquezhuar, who was convicted of murdering his domestic partner. The court found no grounds for reversal regarding the admission of prior uncharged crimes evidence, jury instructions, or alleged jury coercion.
People v. Medrano - Appeal of Order Denying Motion to Vacate Conviction
The California Court of Appeal affirmed the denial of a motion to vacate a conviction for transportation of a controlled substance. The defendant argued he did not understand the immigration consequences of his plea. The court found the defendant failed to establish prejudice from any error in understanding.
People v. Lopez - Child Molestation Sentencing Appeal
The California Court of Appeal reversed and remanded a judgment against Antonio Martinez Lopez, who was convicted of child molestation. The court found that the trial court erred by imposing an upper term sentence based on aggravating factors not stipulated to by the defendant or proven beyond a reasonable doubt.
Villa v. Modica - Appeal of Employment Discharge
The California Court of Appeal reversed a trial court's decision regarding the discharge of a police detective, Salvador Villa. The appellate court directed the trial court to order the Civil Service Commission to reconsider the penalty for Villa's employment discharge based on remaining charges.
People v. Bogan - Criminal Appeal
The California Court of Appeal modified the sentence of Ladrill Bogan, vacating a $5,000 restitution fine pursuant to recent statutory amendments. The court affirmed the modified sentence of 50 years to life, finding no abuse of discretion in denying a motion to dismiss a prior strike conviction.
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