Defenses - collateral estoppel
People v. Gordon (2nd Dist., 9/2/09, B209075) ___ Cal.App.4th ___
Under principles of collateral estoppel, defendant could not be prosecuted for possession of firearm in court trial following severance of counts after jury acquitted him of all charges relating to the incident where he allegedly possessed the gun, since contested issue of identity crucial to guilt in both proceedings was necessarily decided in his favor in the jury trial that preceded the court trial. See Ashe v. Swensen (1970) 397 U.S. 436, 443.
Discovery - denial of Pitchess motion
People v. Galan (2nd Dist., 10/5/09, B209903) ___ Cal.App.4th ___
Where defendant's undisputed extrajudicial statements are reasonably consistent with officer's description of event, Pitchess discovery is foreclosed, because notwithstanding defense counsel's declaration to contrary, client implicitly acknowledged officer was truthful.
Juveniles - violation but not revocation of probation
In re T.P. (2nd Dist., 9/17/09, B209520) ___ Cal.App.4th ___
Juvenile court finding that minor violated probation does not render minor ineligible for deferred entry of judgment, but revocation of probation does. Judgment reversed and remanded for proceedings to determine if minor is suitable for the program under Welfare & Institutions Code section 791(b).
Sex offender registration - children under 16
People v. Cavallaro (6th Dist., 10/6/09, H032499) ___ Cal.App.4th ___
Mandatory sex offender registration for defendant convicted of lewd acts with children under 16 and 10 years younger than defendant is not unconstitutional under reasoning of People v. Hofsheider (2006) 37 Cal.4th 1185 (mandatory registration for defendant guilty of non-forcible oral copulation with 16-yr old equal protection violation since defendants convicted of unlawful sexual intercourse not required to register).
People v. Gordon (2nd Dist., 9/2/09, B209075) ___ Cal.App.4th ___
Under principles of collateral estoppel, defendant could not be prosecuted for possession of firearm in court trial following severance of counts after jury acquitted him of all charges relating to the incident where he allegedly possessed the gun, since contested issue of identity crucial to guilt in both proceedings was necessarily decided in his favor in the jury trial that preceded the court trial. See Ashe v. Swensen (1970) 397 U.S. 436, 443.
Discovery - denial of Pitchess motion
People v. Galan (2nd Dist., 10/5/09, B209903) ___ Cal.App.4th ___
Where defendant's undisputed extrajudicial statements are reasonably consistent with officer's description of event, Pitchess discovery is foreclosed, because notwithstanding defense counsel's declaration to contrary, client implicitly acknowledged officer was truthful.
Juveniles - violation but not revocation of probation
In re T.P. (2nd Dist., 9/17/09, B209520) ___ Cal.App.4th ___
Juvenile court finding that minor violated probation does not render minor ineligible for deferred entry of judgment, but revocation of probation does. Judgment reversed and remanded for proceedings to determine if minor is suitable for the program under Welfare & Institutions Code section 791(b).
Sex offender registration - children under 16
People v. Cavallaro (6th Dist., 10/6/09, H032499) ___ Cal.App.4th ___
Mandatory sex offender registration for defendant convicted of lewd acts with children under 16 and 10 years younger than defendant is not unconstitutional under reasoning of People v. Hofsheider (2006) 37 Cal.4th 1185 (mandatory registration for defendant guilty of non-forcible oral copulation with 16-yr old equal protection violation since defendants convicted of unlawful sexual intercourse not required to register).
