People v. Esquivias (Cal., Aug. 17, 2026, No. S286371) 2026 WL 2386584, at *1–10
Summary: A habeas corpus court has broad equitable authority to craft relief “as the justice of the case may require.” (In re Palmer (2021) 10 Cal.5th
San Francisco Criminal Lawyer Blog
The San Francisco Criminal Lawyer Blog, published by Uthman Law Office, focuses on criminal law issues primarily within California jurisdiction. It covers topics such as probation and sentencing procedures, work release program rights, habeas corpus petitions, expungement of convictions, and nuances in criminal charges including vehicular manslaughter and DUI offenses. The blog discusses appellate court decisions interpreting statutes related to sentencing, special circumstances in murder cases, and the impact of unpaid restitution on expungement eligibility. It provides analysis of procedural protections and statutory interpretations relevant to criminal defense practice.
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Latest from San Francisco Criminal Lawyer Blog
A lack of meaningful understanding of the immigration consequences of a guilty plea may result in vacating the conviction
People v. Hernandez (Cal., Aug. 13, 2026)
Summary: People v. Hernandez addresses when a noncitizen defendant may vacate a criminal conviction under Penal Code section 1473.7(a)(1) based on a lack of meaningful understanding of the immigration consequences of a guilty…
California Supreme Court’s first decision Code of Civil Procedure section 231.7, presumptively invalid reasons for peremptory strikes of potential jurors
Citation: People v. SanMiguel (Cal., July 30, 2026, No. S287786) 2026 WL 2195752.
Summary: The Court clarified that when a party strikes a potential juror for BEHAVIOR-BASED REASONS under section 231.7(g)–historically connected to racial stereotypes and implicit bias, the trial…
Failure to give jury instructions on speeding and failure to stop do not automatically require reversal
People v. Kazarian (Cal. Ct. App., July 30, 2026, No. E085048) 2026 WL 2198572
Summary: Kazarian, challenged his conviction for felony evading a police officer on the ground that the trial court failed to properly instruct the jury regarding the…
Electronic transmission of abstract of judgment to the DMV is a valid certified court abstract
Pipitone v. Department of Motor Vehicles (Cal. Ct. App., July 21, 2026, No. 2D CIV. B348229) 2026 WL 2094997, at *1–5
Summary: Pipitone appealed the denial of his petition for writ of mandate challenging the DMV’s revocation of his driving…
Defendant seeking mental health diversion cannot be compelled to submit to a mental health examination
Sua v. Superior Court of San Diego County (Cal. Ct. App., July 16, 2026, No. D087742) 2026 WL 2056609.
Facts and Procedural Posture
Miguel Sua and Alexander Guthrie, defendants in separate felony cases, sought pretrial mental health diversion under Penal…
DUI Causing Injury is not a lesser included offense of gross vehicular manslaughter while intoxicated
THE PEOPLE, Plaintiff and Respondent, v. SANTANA DOMINIQUE YANEZ, Defendant and Appellant. (Cal. Ct. App., July 10, 2026, No. F090098) 2026 WL 1998663, at *1–3
- Summary: Yanez argued that his convictions for driving under the influence causing injury should be
…
Blood Draw of Unconscious DUI Suspect at Hospital does not Automatically Excuse Warrant Requirement
People v. Castro (Cal. Ct. App., July 1, 2026, No. D085983) 2026 WL 1894067, at *1–3
Summary: The United States Supreme Court Mitchell v. Wisconsin (2019) 588 U.S. 840 (Mitchell), held that where a police officer at the scene of…
Presentence credits may only be applied to a case for which a defendant is sentenced
People v. Cofer (Cal., June 25, 2026, No. S286297) 2026 WL 1830928, at *1
Summary: After a plea agreement, Cofer was sentenced at a single hearing on five separate pending criminal cases. Cofer had been in presentence custody for extended…
Court’s failure to explain imperfect self defense jury instruction requires reversal of murder conviction
People v. Brim (Cal. Ct. App., June 17, 2026, No. A170747) 2026 WL 1746369, at *1
Summary: Brim boarded a BART train and got into fight with another passenger, Williams, during it Williams drew a knife and attempted to stab…