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In re O.F. - Juvenile Court Transfer Amenability
The California Court of Appeal reversed a juvenile court's order to transfer a minor to criminal court. The decision was based on subsequent retroactive changes in law, specifically AB 2361 and SB 545, which altered the burden of proof and mandatory factors for determining amenability to rehabilitation.
People v. Martinez - Criminal Resentencing Appeal
The California Court of Appeal reversed a resentencing order for Santiago Martinez, Jr. The court found the trial court abused its discretion by denying a continuance to obtain necessary documents from the California Department of Corrections, prejudicing the defendant. The case is remanded for a new resentencing hearing.
People v. Burnham - Criminal Appeal on Felony Murder Liability
The California Court of Appeal affirmed a trial court's decision denying a resentencing petition under Penal Code section 1172.6. The court found the defendant was a major participant in a murder who acted with reckless indifference to human life, thus remaining liable under current felony murder rules. The appeal also addressed the admissibility of a hearsay statement regarding the shooter's identity.
People v. Anderson - California Court of Appeal Opinion
The California Court of Appeal affirmed a lower court's decision in People v. Anderson, ruling that evidence obtained from a cell phone search without a warrant did not require suppression under the California Electronic Communications Privacy Act (CalECPA). The case involved a robbery where evidence from a deceased accomplice's phone implicated the defendants.
Niemann v. LVNV Funding CA6 - Consumer Debt Standing
The California Court of Appeal reversed a trial court's dismissal of a consumer class action, ruling that the Fair Debt Buying Practices Act confers standing regardless of actual harm. The case involves LVNV Funding, LLC and alleged violations of the Act's notice requirements.
People v. Price - Postjudgment Order Resentencing
The California Court of Appeal affirmed a postjudgment order resentencing Shantic Price under Senate Bill No. 483. The resentencing struck two one-year prior prison term enhancements, reducing his sentence from 52 years to life to 50 years to life, but upheld his firearm enhancement and prior strike convictions.
State v. Marcus A. Wigfall - Criminal Conviction Appeal
The Court of Appeals of South Carolina reversed convictions for third-degree criminal sexual conduct with a minor and contributing to the delinquency of a minor. The court found that the trial court erred by admitting testimonies that improperly bolstered the minor victim's credibility, leading to the reversal of the convictions.
Richardson v. Mt. Pleasant Square Associates - Landlord Tenant Dispute
The Court of Appeals of South Carolina affirmed a jury verdict and judgment against Mt. Pleasant Square Associates, II, LLC, Dewberry Capital Corporation, and GREP Southeast, LLC. The court also affirmed the trial court's orders denying the appellants' motions for directed verdict and judgment notwithstanding the verdict, and granting the respondents' motion for sanctions.
Teacher Convicted of Sexual Abuse - Restitution Appeal
The West Virginia Supreme Court of Appeals affirmed a circuit court's order of restitution against Willie Edward Belmonte, Jr., a former teacher convicted of sexual abuse against a minor student. The court upheld the restitution amount, which included payments to the Crime Victims Compensation Fund for tutoring services.
New Jersey Superior Court: Firearms Purchaser ID Denial Appeal
The New Jersey Superior Court Appellate Division affirmed the denial of E.F.'s application for a firearms purchaser identification card and permit to purchase a handgun. The denial was based on E.F. falsifying information on his application and lacking the necessary temperament to be entrusted with a firearm.
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