Lots of appellate love lately.
(1) I previously blogged about the onslaught of cases holding various seemingly violent crimes are not crimes of violence for purposes of federal enhancements. US Supreme Court held that its holding in Johnson that one definition of a crime of violence in the Armed Career Criminals Act is vague is retroactive. Much thanks.
(2) Trial court erred in denying a Pitchess motion–good cause shown where witness testified that a cop coerced his statement inculpating defendant (sidebar, you can be prosecuted for multiple counts of removing human remains from a cemetery even though it was done in one fell swoop).
(3) Prejudicial error in admitting hearsay through expert, although many of the out of court statements were ruled to be admissible because of various hearsay exceptions or because the statements were not prejudicial.
(4) D has right not to testify at MDO proceedings to extend a commitment per Equal Protection Clause because MDO defendants are similarly situated to NGI and SVP defendants, who also have this right.
(5) Reduction of felony prior to misdemeanor under Prop. 47 rendered the offense a misdemeanor for all purposes such that 1-year enhancement under 667.5(b) for prior prison term had to be stricken.
and then today:
(6) special circumstances conviction vacated because trial court’s instruction that the jury could consider mental disability for intent of other offenses, and not dissuading a witness, was prejudicial error, even though defense counsel consented to the instruction because the instruction was erroneous and affected the defendant’s substantial rights.
oh ya…. Supreme Court is considering whether a person can be held criminally liable–i.e. punished–for refusing to take a breath test subsequent to an arrest in a DUI. The case involves three different state laws with each state setting forth a slew of justifications for the procedure. Great analysis and summary of those arguments on Scotus Blog (same link as above).
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