people

People v Boatwright

(California Court of Appeal) - Order denying resentencing vacated. Defendant petitioned for resentencing of his possession of marijuana conviction based on Proposition 64’s reduction or elimination of criminal penalties for various marijuana offenses. Court held that that even though Defendant was convicted of a felony accessory that was not specifically mentioned in the statute, he still would be eligible for resentencing.




people

People v Weaver

(California Court of Appeal) - Reversed and remanded for determination whether Defendant should be granted diversion under Penal Code sec. 1001.36. Defendant argued that there should have been a pretrial mental health diversion that should retroactively apply to him. Trial court rejected argument, appeals court reversed.




people

People v. Hernandez

(California Court of Appeal) - Reversed. Defendant was convicted in 1995 of shoplifting $18 worth of beer. In 2014, Proposition 47 was passed that allowed prior felony charges to be re-characterized as misdemeanors, Defendant filed a petition to make that request. The trial court denied the petition. The appeals court reversed stating that the trial court incorrectly interpreted the statute.




people

People v. Jefferson

(California Court of Appeal) - Remand for sentencing. Judgment affirmed. The appeals court directed the trial court to exercise its discretion regarding a determination to run sentences concurrently or not and to consider dismissing sentence enhancements based on Senate Bills 620 and 1393.




people

People v. Gutierrez-Salazar

(California Court of Appeal) - Affirmed. Defendant was convicted of first-degree murder on a felony-murder theory. Defendant challenged his convictions in part based on Senate Bill 1437 that amended the felony-murder rule. The appeals court concluded that Defendant was not entitled to relief, but that relief could be available to other defendants by petitioning their trial courts.




people

People v. Onesra Enterprises

(California Court of Appeal) - The People appealed the order dismissing the complaint for a medical marijuana conviction. The Court reversed the dismissal. Defendant argued that the appeal was moot as a result of the passage of the California Adult Use of Marijuana Act. The Court of Appeal rejected the argument because the Court concluded, the Act was not intended to be retroactive for this conviction. A reversal was required because the trial court abused its discretion in mistakenly dismissing the complaint.



  • Sentencing
  • Drugs & Biotech
  • Criminal Law & Procedure

people

People v. Smit

(California Court of Appeal) - In this sentencing reduction for marijuana possession under Health and Safety Code section 11359 case, the 4th Appellate District court reversed the superior court’s order denying defendant’s request to reduce his felony marijuana conviction because of his conviction of four counts of attempted murder. The appellate court held that the conviction for attempted murder in the same case for the marijuana conviction did not render the defendant ineligible for resentencing under the Health and Safety Code.



  • Sentencing
  • Drugs & Biotech
  • Criminal Law & Procedure

people

People v. Ahmed

(California Court of Appeal) - Reversed a conviction for the sale of marijuana in a case where the defendant operated a business selling medical marijuana products in Livermore, which has a municipal ordinance prohibiting marijuana dispensaries. The defendant contended that the trial court erred by denying him the ability to assert a medical-marijuana defense. The appeals court agreed and overturned his conviction, holding that the trial judge's ruling that barred him from raising a medical-marijuana defense violated his constitutional right to present a defense.



  • Drugs & Biotech
  • Criminal Law & Procedure

people

Queen Elizabeth Honours War Dead: 'They Died So We Could Live as Free People'

Queen Elizabeth II marked the 75th anniversary of Victory in Europe Day with an address to the British Commonwealth honouring the sacrifice of the fallen.




people

People v. Wright

(California Court of Appeal) - Affirmed order granting probation with amendments. Defendant admitted to acquiring personal identifying information with intent to defraud. The trial court placed Defendant on probation with various terms and conditions. Defendant appealed the conditions. Appeals court affirmed, but struck certain fees.




people

People v. Jacobo

(California Court of Appeal) - Affirmed judgment, but remanded for sentencing on certain counts. Defendant convicted of 60 sex offenses, including human trafficking, contacting a minor with intent to commit a sexual offense, and sending harmful matter to a minor. Defendant argued on appeal that there was insufficient evidence to support convictions. Appeals court held that six of Defendant’s convictions must be reduced to sending harmful material to a minor.




people

People v. Moses

(California Court of Appeal) - Reversed for human trafficking of a minor but affirmed in all other respects. Defendant was convicted of pimping a minor and human trafficking. Defendant argued that the human trafficking count should be reversed because the alleged minor was actually an undercover police officer. The appeals court agreed and remanded for re-sentencing.




people

People v. Potts

(Supreme Court of California) - Affirmed a man's death sentence for robbing and murdering an elderly couple, on an automatic appeal.




people

Gardner v. Superior Court (the People)

(Supreme Court of California) - Held that an indigent defendant facing misdemeanor charges was constitutionally entitled to the help of appointed counsel on the prosecution's appeal. She had successfully moved to suppress evidence related to driving under the influence. The California Supreme Court agreed with her that she had the right to appointed counsel on the prosecution's appeal of the suppression order.



  • Criminal Law & Procedure

people

People v. Aranda

(Supreme Court of California) - Affirmed that the double-jeopardy rule barred the defendant from being retried for first-degree murder. The prosecution insisted that he could be retried because the U.S. Supreme Court's decision in Blueford v. Arkansas, 566 U.S. 599 (2012) has abrogated Stone v. Superior Court, 31 Cal. 3d 503 (1982), with regard to double-jeopardy principles involving partial verdicts. However, the California Supreme Court disagreed.



  • Criminal Law & Procedure

people

People v. Lara

(Supreme Court of California) - Addressed the retroactivity of Proposition 47. Held that a defendant who had not yet been sentenced as of the 2014 measure's effective date was entitled to initial sentencing under its amended penalty provisions, without regard to the resentencing procedures applicable to those who were already serving their sentences.




people

People v. Sanchez

(Supreme Court of California) - On an automatic appeal, affirmed a man's capital murder conviction for killing a woman and her daughter.



  • Criminal Law & Procedure

people

People v. Bell

(Supreme Court of California) - Affirmed a death judgment imposed on a man who robbed a convenience store and fatally shot the clerk.




people

People v. Dalton

(Supreme Court of California) - Modified a sentence imposed in a capital murder case, on an automatic appeal.




people

People v. Erskine

(Supreme Court of California) - On an automatic appeal, affirmed a death judgment imposed for the first-degree murders of two people.




people

People v. Rivera

(Supreme Court of California) - On an automatic appeal, affirmed a death judgment imposed on a man who murdered a peace officer.




people

People v. Valenzuela

(Supreme Court of California) - Addressed the effect of Proposition 47 on a conviction for street terrorism. Held that once the defendant's conviction for grand theft (stealing a bicycle) was reduced to a misdemeanor under the new law, his conviction for the gang crime of street terrorism must be dismissed, because there was no longer a felony predicate for it.




people

People v. Caro

(Supreme Court of California) - On an automatic appeal, affirmed a death sentence imposed on a woman for killing three of her children.




people

People v Mitchell

(Supreme Court of California) - Automatic death penalty appeal. Defendant convicted of multiple murders and special enhancements applied. Appeals court affirmed judgment in all respects.




people

People v. Canizales

(Supreme Court of California) - Reversed as to attempted murder conviction. Defendant was tried and convicted of first degree murder and two attempted murders. The trial court instructed the jury on the attempted murder using the kill zone theory, which allows for the conviction of attempted murder of an individual who was not the primary target. California Supreme Court held that the jury was not properly instructed and reversed the attempted murder conviction.




people

People v Molano

(Supreme Court of California) - Affirmed. Automatic death penalty appeal. Defendant convicted of first degree murder with the special circumstances for rape. Jury returned a verdict of death and the court imposed that sentence.




people

People v Mendez

(Supreme Court of California) - Automatic appeal of death penalty conviction and sentence. Affirmed conviction and sentence.




people

People v. Young

(Supreme Court of California) - Automatic death penalty appeal. Judgment as to guilt affirmed. Reversed judgment as to death sentence and remand for new penalty determination. Appeals court found prejudicial error when trial court permitted prosecution to use improper inflammatory character evidence.




people

People v. Capers

(Supreme Court of California) - Affirmed judgment and sentence of capital punishment in death penalty case.




people

People v. Ovieda

(Supreme Court of California) - At issue is whether police officers could enter a private residence without a warrant under a community care taking exception, as articulated in People v Ray (1999) 21 Cal.4th 464. The Court concluded any entry that falls short of a perceived emergency or other exigent circumstances does not satisfy the Fourth Amendment and that People v. Ray is disapproved.




people

People v. Foster

(Supreme Court of California) - Affirmed. A mentally disordered offender’s commitment may continue after the offender’s term has expired if their condition is not in remission and they represent a substantial danger of physical harm.




people

People v. Aledamat

(Supreme Court of California) - Reversed court of appeal ruling that found prejudicial error. Defendant was charged with assault with a deadly weapon, specifically a box cutter. The Supreme Court concluded as a matter of law that a box cutter is not inherently deadly, but that the Defendant used the box cutter in a deadly way. The Court went on to say that the trial court’s determination that the box cutter was an inherently deadly weapon was harmless error.



  • Criminal Law & Procedure
  • Judges & Judiciary
  • Evidence

people

People v. Fontenot

(Supreme Court of California) - Affirmed. Defendant was charged with completed kidnapping but was convicted of attempted kidnapping. Defendant argued that a conviction for a crime he was not charged with violates the Sixth Amendment. The court held that a criminal defendant can be convicted of an attempted crime despite being charged with a completed crime because being charged with a completed crime is sufficient notice that he could be charged with an attempted crime.





people

Colorado mountain lions hit with new hunting plan as people spread

Mountain lions face an uncertain future under a new state plan to let hunters kill up to 15% a year across western Colorado, and more near subdivisions -- rankling animal rights advocates who favor a live-and-let-live approach to wildlife.





people

People v. Huber

(California Court of Appeal) - Held that the trial court lacked subject matter jurisdiction to hear the People's claim alleging that the owner of a tobacco smoke shop on Indian lands was liable under California's Unfair Competition Law for violating various laws applicable to cigarette sales and marketing. Reverse an order granting summary adjudication to the People on this claim.




people

Home-building academy’s goal: Provide a foundation for people seeking stable careers, new starts

Billy Liptrot is making the transition from prison to life on the outside just as one of the nation's hottest economic streaks has imploded in the face of a global pandemic. But the 38-year-old husband and father is optimistic as he undertakes training for what he hopes will lead to a career as a carpenter in the home building industry. And the industry says years of "under building" could help the industry bounce back as the economy improves.




people

Human-triggered avalanches rise as more people go into backcountry to exercise

More people, many inexperienced, have been in the backcountry since the coronavirus outbreak shut down downhill skiing.




people

Colorado’s oil and gas country – and its people – suffer from twin hits to industry

Weld County oil jobs are disappearing amid the double whammy of the coronavirus pandemic and a global oil price war.




people

Colorado mountain lions hit with new hunting plan as people spread

Mountain lions face an uncertain future under a new state plan to let hunters kill up to 15% a year across western Colorado, and more near subdivisions -- rankling animal rights advocates who favor a live-and-let-live approach to wildlife.




people

Home-building academy’s goal: Provide a foundation for people seeking stable careers, new starts

Billy Liptrot is making the transition from prison to life on the outside just as one of the nation's hottest economic streaks has imploded in the face of a global pandemic. But the 38-year-old husband and father is optimistic as he undertakes training for what he hopes will lead to a career as a carpenter in the home building industry. And the industry says years of "under building" could help the industry bounce back as the economy improves.





people

Luenell Is on Donald Trump's ‘Black People to Watch’ List



Luenell keeps it hush, hush when speaking on Trump.




people

Why Oprah Is Concerned About Black People And COVID-19



She spoke on NBC’s ‘TODAY’ about her own health scare.




people

Oprah Hits on COVID-19 And Black People In Apple+ Show



Van Jones, Lori Lightfoot & Jennifer Hudson make appearances




people

Kandi Says 'People Walked Out' Of ‘RHOA’ Virtual Reunion



Find out what caused the dysfunction.




people

Trevor Noah Claps Back At People Who Won’t Wear Masks



People ignoring CDC guidelines are ‘ruining it for everyone’





people

Which 'Dear White People' Character Are You?



"Excuse me? Were you saying something?"



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