First District Victories

Results: 1 - 10 of 174

A154969

April 25, 2019

Attorney: Stephanie Clarke

Categories:

The trial court failed to calculate custody credits when setting the minor’s maximum period of confinement.

A154923

September 20, 2019

Attorney: Elizabeth Grayson

Categories:

Although the Court of Appeal found no abuse of discretion in the juvenile court’s decision to impose an electronic search condition, it found the condition imposed swept too broadly, and so remand for the juvenile court to consider imposing a narrower search condition.

A155022

August 28, 2019

Attorney: Bobbie Stein

Categories:

The Court of Appeal remanded to the trial court with directions to consider whether to exercise its discretion to strike appellant’s five-year prior serious felony enhancement under Penal Code section 667, subdivision (a)(1).

A155062

December 17, 2019

Attorney: Jeffrey Kross

Categories:

In a case where appellant was convicted of three felonies (making criminal threats; stalking; and threatening a public official), the Court of Appeal found that his sentence for threatening a public official must be stayed under Penal Code section 654. The Court also remanded the case for the trial court to determine whether appellant’s punishment for multiple violations of the restraining order must also be stayed under section 654.

A155082

September 25, 2019

Attorney: Nathaniel Miller

Categories:

The Court of Appeal found that insufficient evidence supported the juvenile court’s finding that the minor committed a battery against a police officer (PC sec. 242) or that he resisted arrest (PC sec. 148, subd. (a)(1)). As to the battery, the court found that the minor’s contact with the officer was incidental to his attempt to move away from the officer’s hand, and that the contact was neither willful nor harmful or offensive (two required elements of battery). As for the resisting arrest charge, the court found that the officer was not enforcing any disciplinary rules in his encounter with the minor, that the officer had only requested (not ordered) the minor to follow instructions, and that insufficient evidence supported that the minor knew or reasonably should have know that the officer was engaged in the performance of his duties when he grabbed the minor’s arm.

A155128

April 19, 2019

Attorney: Carrie Kojimoto

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Finding no substantial evidence to support the distant placement of a minor to a Ranch about 190 miles away from his home, the Court of Appeal reversed and remanded with instructions to reconsider the placement decision.

A155127

October 21, 2019

Attorney: Jennifer Sheetz

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The Court of Appeal concluded the juvenile court did not abuse its discretion in imposing an electronic search condition, but the condition must be narrowed on remand.

A155129

April 26, 2019

Attorney: Elizabeth Klippi

Categories:

Father raised ICWA errors in an appeal from the termination of parental rights. The Court found the failure of the Department to follow up with the paternal grandmother and/or other relatives to ensure that all necessary information was included in the ICWA notices was not harmless error. The order terminating parental rights was conditionally reversed and the case remanded to the juvenile court.

A155263

June 25, 2019

Attorney: S. Lynne Klein

Categories:

The Court of Appeal reversed the termination of parental rights noting that despite regular relapses into substance abuse, the record demonstrated an uncommon consensus that mother was extremely loving and appropriate in all her interactions with her child. The juvenile court abused its discretion when it focused on the relapses rather than any information about the strength and quality of the parent-child relationship.

A155156

October 28, 2019

Attorney: David Polsky

Categories:

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)).

Results: 1 - 10 of 174

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