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Archive for October, 2013

Summary of Cases Accepted and Related Actions During Week of October 21, 2013

October 25, 2013 Comments off

Summary of Cases Accepted and Related Actions During Week of October 21, 2013


People v. Ford

S212940. (A135733; 217 Cal.App.4th 1354; Sonoma County Superior Court; SCR-530837. Petition for review after the Court of Appeal affirmed an order awarding victim restitution in a criminal action.

This case presents the following issue:

Did the trial court have jurisdiction to award restitution to the victim although defendant’s probationary term had expired nine days earlier?

Summary of Cases Accepted and Related Actions During Week of October 14 , 2013

October 25, 2013 Comments off

Summary of Cases Accepted and Related Actions During Week of October 14 , 2013

#12-94 People v. Vargas

S203744. The court ordered the issues to be briefed and argued limited to the following issue:

Did the trial court abuse its discretion under People v. Superior Court (Romero)(1996) 13 Cal.45th 497, by failing to dismiss one of defendant’s two strikes, given that they arose from the same act?

Now new cases tomorrow

October 23, 2013 Comments off

It’s been awhile since the Cal. Supremes have issued any criminal cases; they keep up that record with no new cases tomorrow, Thursday.

Summary of Cases Accepted and Related Actions During Week of September 30 , 2013

October 9, 2013 Comments off

Summary of Cases Accepted and Related Actions During Week of September 30 , 2013

#13-86 People v. Cross

S212157 (C070271; 216 Cal.App.4th 1403; Sacramento County Superior Court; 09F06395, 11F03888.)

Petition for review after the Court of Appeal affirmed a judgment of conviction of criminal offenses. This case presents the following issue: Did the trial court err in failing to advise defendant in accordance with In re Yurko (1974) 10 Cal.3d 857 before accepting a defense stipulation that he had a prior conviction for an offense that exposed him to an increased sentence under Penal Code section 273.5, subdivision (e)(1)?

#13-87 Hudec v. Superior Court

S213003. (G047465; 218 Cal.App.4th 311; Orange County Superior Court; C47710.)

Petition for review after the Court of Appeal granted a petition for peremptory writ of mandate. This case presents the following issue: Does Penal Code section 1026.5, subdivision (b)(7), give a person who was committed after
being found not guilty of criminal charges by reason of insanity the right to refuse to testify in a proceeding to extend that civil commitment?

STATUS

People v. Tom
S202107

The court invited the parties to submit supplemental letter briefs addressing how, if at all, the instant matter is affected by the decision of the United States Supreme Court in Salinas v. Texas (2013) __ U.S. __ [133 S.Ct. 2174, 186 L.Ed.2d 376].

Summary of Cases Accepted and Related Actions During Week of September 23 , 2013

October 2, 2013 Comments off
Summary of Cases Accepted and Related Actions During Week of September 23, 2013

 

In re R.V., S212346. (G046961; 217 Cal.App.4th 296; Orange County Superior
Court; DL034139.) Petition for review after the Court of Appeal
affirmed orders in a juvenile wardship proceeding. This case
includes the following issues:(1) Which party bears the burden of proof in a juvenile competency proceeding? (2)
 What is the proper standard of review on appeal of a trial court’s finding that the juvenile is competent?

No new cases were posted Monday, and no criminal cases will be posted tomorrow, Thursday

October 2, 2013 Comments off

The Cal. Supremes did not post any new cases Monday, and will post no new criminal cases tomorrow, Thursday.