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  • Entries: 1 - 5 of 1937


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In re A.B. A155442 (Div. 1)
category/ies: ICWA
date posted: 2109-07-26
full opinion (PDF): not available
attorney: Konrad Lee
FDAP buddy: Louise Collari

Mother and father raised several issues in an appeal from the termination of parental rights. The Court of Appeal agreed that the Department failed to comply with ICWA notice requirements. Even though the statement of Apache ancestry was fairly vague, father identified a specific tribe through which ancestry might flow. A suggestion of Indian ancestry was sufficient to trigger the notice requirement.

People v. Drayton, A155725 (Div. 5)
category/ies: 667.5(b)
date posted: 2019-11-22
full opinion (PDF): not available
attorney: Audrey Chavez
FDAP buddy: Richard Braucher

The Court of Appeal held that appellant’s one-year prison term enhancement under Penal Code section 667.5, subdivision (b) must be stricken in light of Senate Bill No. 136. Effective January 1, 2020, amended section 667.5, subdivision (b) imposes that additional one-year term only for a prior prison term served for a sexually violent offense, which was not the case for appellant.

People v. Yanez, A156074 (Div. 2)
category/ies: Presentence Credits, Amended Penal Code section 4019, Presentence Credits
date posted: 2019-11-15
full opinion (PDF): not available
attorney: Micah Reyner
FDAP buddy: Stephanie Clark

Because recent amendments to Penal Code section 4019 have made conduct credits available to individuals who are placed on electronic home detention after imposition of sentence (see PC § 4019, subd. (a)(7)), the Court of Appeal held that denying appellant eligibility for conduct credits for the time he spent on in-home detention before he was sentenced violates equal protection.

People v. Melara, A154880 (Div. 2)
category/ies: Sixth Amendment Right - Effective Assistance of Counsel
date posted: 2019-10-29
full opinion (PDF): not available
attorney: Walter Pyle
FDAP buddy: Stephanie Clark

The defendant was denied his federal Sixth Amendment right to the effective assistance of counsel when the court recessed trial proceeding for the day in the middle of the People’s cross-examination and ordered that defendant not confer overnight about the substance of the case with his counsel. Defense counsel did not object to the court’s order; nevertheless, the Court of Appeal exercised its discretion to consider the merits of this case because of the importance of the rights affected by the court’s order.

People v. Mabutas, A155156 (Div. 5)
category/ies: 667(a)
date posted: 2019-10-28
full opinion (PDF): not available
attorney: David Polsky
FDAP buddy: J Bradley OConnel

The Court of Appeal remanded for resentencing to permit the trial court to exercise its discretion to strike the 5-year prior serious felony enhancement (PC sec. 667, subd. (a)(1)).

 

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