Transcript Midnight Murders

Published Cases
Concerning Delinquencies
Competency
In re John Z. (2014) 223 Cal.App.4th 1046:
The court must hold a competency hearing
once a doubt has been declared.
Who has the burden of proof at juvenile
competency hearings? (In re R.V. (2013)
217 Cal.App.4th 296, review granted Sept.
25, 2013, S212346.)
Counsel
Joshua P. v. Superior Court (2014) 226
Cal.App.4th 957: The public defenders
office that declared a conflict in a previous
petition shall represent the minor in a
subsequent petition.
Crimes – Disturbing the Peace
In re Fernando C. (2014) 227 Cal.App.4th
499: Disturbing the peace on school campus
can be punished by Penal Code section
415.5, and it cannot be punished by section
415.
In re J.C. (Aug. 19, 2014, C075043):
Education Code section 32210, making it a
misdemeanor to disturb the peace on a
school campus, is constitutional.
Crimes - Gangs
People v. Johnson (2013) 57 Cal.4th 250:
There is a crime of conspiracy to commit a
gang crime.
On review: Can a criminal street gang be
proven by crimes from different Norteno
groups? (People v. Prunty (2013) 214
Cal.App.4th 1110, review granted June 26,
2013, S210234.)
Crimes - Prostitution
In re Aarica S. (2014) 223 Cal.App.4th 1480,
In re M.V. (2014) 225 Cal.App.4th 1495:
Despite new human trafficking laws to protect
underage girls who find themselves in
prostitution, they can still be made wards of
the court for acts of prostitution.
Dispositional hearings - DJF
In re D.B. (2014) 58 Cal.4th 941: The minor
committed a DJF qualifying offense and then the
court sustained a petition for only non-qualifying
offenses. He could not be sent to DJF.
In re Edward C. (2014) 223 Cal.App.4th 813,
In re K.J. (2014) 224 Cal.App.4th 1194:
The minor could be committed to DJF upon a VOP,
though it was not a DJF offense when the crime
was committed.
Disposition - Probation
In re Gary F. (2014) 226 Cal.App.4th 1076:
The minor could not be ordered to pay attorney fees.
People v. Ebertowski (Aug. 13, 2014, H039865):
The court can order the minor provide all passwords
to his cell phones, computers, and Internet sites.
Disposition - Probation
On review: Can a probationer be barred from any
parking lot of a chain store after a shoplifting?
(People v. Moran [nonpub. opn.], review granted
Mar. 24, 2014, S215914.)
Can the court require the probationer to participate in
polygraph testing and counseling and waive his
right against self-incrimination and to the
psychotherapist-patient privilege? (People v.
Garcia (2014) 224 Cal.App.4th 1283, review
granted July 16, 2014, S218197, et al.)
Disposition - Restitution
Luis M. v. Superior Court (2014) 5 Cal.4th 300:
Victim restitution for graffiti clean-up cannot be
based on the average cost to the city of all
graffiti incidents.
Evidence
On review: Was defendant's Sixth
Amendment right to confrontation violated
by the gang expert's reliance on testimonial
hearsay? (People v. Sanchez (2014) 223
Cal.App.4th 1, review granted May 14,
2014, S216681.)
Fitness/Jurisdiction
In re V.C. (2013) 217 Cal.App.4th 814: WI § 603.5
(traffic infractions shall not be handled by the
juvenile court) does not apply when the minor
was originally charged with a misdemeanor.
On review: May there be direct filing in adult court
under section 707(d) when criminal proceedings
are commenced with an indictment, not a
complaint? (People v. Arroyo (2014) 225
Cal.App.4th 1378, review granted July 23, 2014,
S219178.)
Informal Supervision
In re K.C. (2013) 220 Cal.App.4th 465:
Although WI § 654 does not permit converting
victim restitution into a civil judgment after
completing informal supervision, the minor has
no remedy if there is no objection in the
juvenile court.
Interrogations
In re J.G. (July 25, 2014, A139869) [minor's
age relevant];
United States v. Preston (9th Cir. 2014) 751
F.3d 1008 (en banc) [low intelligence]
United States v. I.M.M. (9th Cir. 2014) 747
F.3d 754 [reading the Miranda rights to the
minor's mother with the minor present was
insufficient].
Interrogations
On review: Does asking a defendant about gang
affiliations at the jail require a Miranda warning
or is it properly part of the booking questions?
(People v. Elizalde (2013) 222 Cal.App.4th 351,
review granted Apr. 9, 2014, S215260.)
Jurisdictional Hearings
In re Alonzo J. (2014) 58 Cal.4th 924: A minor
cannot plead no contest over counsel's
objection.
In re Ricardo C. (2013) 220 Cal.App.4th 688: If
the minor admits the petition with an agreed
upon disposition, the court cannot order a less
restrictive disposition.
Punishment as Adults
People v. Gutierrez (2014) 58 Cal.4th 1354:
There is no presumption of LWOP when a
minor is convicted of murder with special
circumstances, and resentencing shall occur
where the courts believed otherwise.
Punishment as Adults
On review: Is a virtual juvenile LWOP
sentence cruel and unusual punishment, and
does recent legislation permitting early
parole or resentencing cure the problem?
(In re Alatriste (2013) 220 Cal.App.4th
1232, review granted Feb. 19, 2014,
S214652.)
Registration
In re David R. (2013) 219 Cal.App.4th 626: A
minor cannot be required to register as an
arsonist if he has not been committed to
DJF.
On review: Should People v. Hofsheier (2006)
37 Cal.4th 1185 be overruled? (Johnson v.
Superior Court [nonpub. Opn.], review
granted May 1, 2013, S209167.)
Searches and Seizures
Riley v. California (2014) 134 S.Ct. 2473: A
cell phone cannot be searched incident to an
arrest without a warrant or exigent
circumstnaces.
People v. Turner (2013) 219 Cal.App.4th 151:
The police had reasonable suspicion to
detain the defendant when there was a
report of one with a gun near a school after
making threats.
Truancy
In re A.M. (2013) 220 Cal.App.4th 1494: The
court can require a truant to wear a GPS
monitor.
THE END