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California Court of Appeal: In SB 483, Legislature Intended to Prohibit Prosecution Withdrawing Plea Agreement for Any Sentence Reduction in § 1172.75 Resentencing Hearing, Even Reductions Based on Code Provisions Not Enacted by SB 483—Deepening Split in

Loaded on Sept. 1, 2024 by David Reutter published in Criminal Legal News September, 2024, page 44
Location: California.

by David M. Reutter

The Court of Appeal of California, First District, Division Three, held a trial court erred by failing to hold a resentencing hearing in the defendant’s presence after granting a motion to strike enhancements for prior prison sentences (“prison priors”). The Court further concluded that a prosecutor ...

 

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More from this issue:

  1. DNA Databases, Privacy Concerns, and Noble Cause Bias, by Michael Thompson
  2. Third Circuit Announces Rehaif Applies Retroactively to Cases on Collateral Review and Rules Second-in-Time § 2255 Petition Not Successive Where Defendant Resentenced Prior to Second Petition, by Sam Rutherford
  3. Ninth Circuit Announces Issues Not Raised in Prior Appeal Are Not Waived on Subsequent Appeal Following De Novo Resentencing, by Douglas Ankney
  4. AI-Generated Police Reports Must Have Guardrails for Inaccuracy, Bias, Transparency, and Review, by Jo Ellen Nott
  5. Law Review Article Reports Metadata on Victims of Coercive Plea Bargaining, by Matthew Clarke
  6. First Circuit Announces Doctrine of Abatement Ab Initio Applies When Defendant Dies During Pendency of Direct Appeal in Published Precedential Ruling, by Douglas Ankney
  7. Maryland Governor Pardons Thousands of Low-Level Marijuana Convictions, Seeking to Right Historical Wrongs, by Jo Ellen Nott
  8. Investigation Reveals That Almost 90% of Discipline Records Temporarily Disappeared From Officer Tracking System Used by the NYPD, by Jo Ellen Nott
  9. Push Notifications: Yet Another Secret Surveillance Technique, by Michael Thompson
  10. The Steady Slide Towards Tyranny: How Freedom Dies from A to Z, by Nisha Whitehead, John W. Whitehead
  11. Years of Warnings Ignored as DNA Analyst at Colorado Crime Lab Allegedly Cut Corners, Her Misconduct Casts Doubt on Thousands of Cases, by Jo Ellen Nott
  12. Indiana Supreme Court Announces Proper Procedural Framework for Civil Forfeiture and Who Constitutes an ‘Owner’, by Sam Rutherford
  13. Eighth Circuit Holds Right to Self-Representation Is Not Forfeited Based Solely on Defendant’s Repeated Assertion of Frivolous ‘Sovereign Citizen’ Arguments, by Sam Rutherford
  14. Maryland Eliminates Parole Fees, by Douglas Ankney
  15. California Court of Appeal Holds Defendant Suffering From ALS and Near Death Entitled to Compassionate Release, by Sam Rutherford
  16. Forensic Microbiology and Criminal Investigations, by Douglas Ankney
  17. The FBI Really Doesn’t Want the Public to Know About This Surveillance Device, by Michael Thompson
  18. Thousands of Americans’ Mail Monitored by Law Enforcement, Records Reveal, by Jo Ellen Nott
  19. Tenth Circuit: Mere Presence in Vehicle Used to Transport Large Quantity of Drugs Insufficient to Establish Necessary Intent for Conspiracy Conviction, by Anthony Accurso
  20. California Court of Appeal Announces Correct Legal Standard for Whether Dismissal of Sentence Enhancement Would ‘Endanger Public Safety’ Under § 1385(c)(2) Is Dangerousness at Time of Future Release, Not at Time of Resentencing Under SB 1393, by Matthew Clarke
  21. New Mexico Supreme Court Holds Double Jeopardy Applies When Prosecutor’s Misconduct Willfully Disregarded Resulting Mistrial, by Matthew Clarke
  22. Texas Court of Criminal Appeals Holds Admission of Defendant’s Rap Videos at Trial Was Unfair Propensity Evidence and Orders New Trial, by Sam Rutherford
  23. Woman Left Handcuffed in Parked Cop Car Struck by Train Settles Suit for $8.5 Million, by Douglas Ankney
  24. Washington Court of Appeals Clarifies ‘Nexus’ Standard Authorizing Warrantless Searches of Parolees and Probationers, by Sam Rutherford
  25. Colorado Law Enforcement Agencies Will Soon Send Drones Instead of Cops in Response to 911 Calls, by Douglas Ankney
  26. California Court of Appeal: In SB 483, Legislature Intended to Prohibit Prosecution Withdrawing Plea Agreement for Any Sentence Reduction in § 1172.75 Resentencing Hearing, Even Reductions Based on Code Provisions Not Enacted by SB 483—Deepening Split in, by David Reutter
  27. First Circuit Holds Government Breached Plea Agreement With Defendant by Failing to Explain Why It Agreed to Substantial Downward-Variant Sentence, by Sam Rutherford
  28. News in Brief
  29. The Catch-22 of Qualified Immunity, by Douglas Ankney
  30. Hair Drug Testing: New Approach Differentiates Deliberate Ingestion or Introduction From Environmental Exposure, by Jo Ellen Nott
  31. Behavioral Health Experts Claim Head Movement While Speaking Indicator Whether Women Are Psychopathic, by Douglas Ankney
  32. California Court of Appeal: Defendant’s Conversation With Officers Not Consensual Based on Officers’ Positioning and Manner of Approaching Legally Parked Vehicle so Evidence Obtained Resulting From Conversation Must Be Suppressed, by Douglas Ankney

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