THE PEOPLE, Plaintiff and Respondent, v. JOSEPH CHARLES RUSSO, Defendant and Appellant. (Cal. Ct. App., May 22, 2026, No. C103388) 2026 WL 1459441, at *1
Summary: Russo appealed the trial court’s denial of his request for mental health diversion. (See
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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Racial Justice Act Violation requires reversal of death penalty
People v. Bankston (Cal., June 1, 2026, No. S044739) 2026 WL 1530539, at *1
Summary: This appeal is automatic from a death sentence.
The California Supreme Court finds that the penalty phase in this case violated the California Racial Justice…
Trail court denial of Compassionate Release for physically incapacitated inmate was an abuse of discretion
THE PEOPLE, Plaintiff and Respondent, v. JAMES BRINSTON, Defendant and Appellant. (Cal. Ct. App., May 28, 2026, No. A173470) 2026 WL 1493445, at *1
Summary: Brinston appealed from the trial court’s denial of his request for compassionate release under Penal…
Driver’s license cannot be suspended for driving an electric bike under the influence
Beale v. Department of Motor Vehicles (Cal. Ct. App., May 21, 2026, No. H052612) 2026 WL 1430603, at *1
Summary: Beale appealed from a denial of a petition for writ of mandate against the California Department of Motor Vehicles (DMV)…
Search warrant for blood test is not invalidated by failure to inform magistrate of defendant’s request for a breath test
People v. Santa Clara County Superior Court (Cal. Ct. App., May 14, 2026, No. H053051) 2026 WL 1347413, at *1
Summary: Does an officer’s failure in a search warrant application to inform the magistrate of the defendant’s request for a…
Chemical breath tests are unreliable when officer does not observe driver continuously for 15 minutes when administering the test
Summary: The Department of Motor Vehicles (DMV) suspended Myers’s driver’s license for four months for driving with a blood-alcohol concentration (BAC) of 0.08 percent or more. (Veh. Code, § 13353.2.) Myers appealed the suspension and an administrative per se (APS)…
A court must set pretrial bail in an amount that is reasonable given a noncapital defendant’s constitutional right to release on bail pending trial
In re GERALD JOHN KOWALCZYK on Habeas Corpus. (Cal., Apr. 30, 2026, No. S277910) 2026 WL 1175320, at *1–2
Summary: California’s state and federal laws presume that a person charged with a crime will not be detained prior to trial.…
A defendant charged with misdemeanor vehicular manslaughter is eligible for misdemeanor diversion
Bobo v. Appellate Division of Superior Court of San Diego County (Cal. Ct. App., Apr. 22, 2026, No. D087393) 2026 WL 1102519, at *1
Summary: Bobo was charged with misdemeanor vehicular manslaughter (Pen. Code, § 192, subd. (c)(2)) after running…
A judge’s personal involvement as a District Attorney in cases considered in a Racial Justice Act Evidentiary Hearing requires disqualification
People v. Superior Court of Riverside County (Cal. Ct. App., Apr. 16, 2026, No. E086779) 2026 WL 1029464, at *1
Summary: Petitioner, the People of the State of California, filed a petition for writ of mandate seeking to vacate the…
A jury’s findings do not collaterally estop a resentencing court from finding a defendant was the actual killer.
THE PEOPLE, Plaintiff and Respondent, v. LAVELL TYRONE PLAYER, Defendant and Appellant. (Cal. Ct. App., Apr. 6, 2026, No. B342239) 2026 WL 936879, at *1
Summary: Player appealed the denial of his petition for resentencing under Penal Code1 former section…