California Legal Brief

The Rule of People v. Chhuon and Pan is that defense counsel cannot concede a defendant's guilt to any crime over the defendant's express objection to maintain innocence, even as part of an alternative argument strategy, under circumstances where the defendant expressly instructs counsel not to admit guilt and counsel nevertheless argues the defendant is guilty of lesser charges to avoid the death penalty.

The Rule of People v. Haddock and Frank is that defendants establish a prima facie showing under the Racial Justice Act when they present factual allegations that, if true, would demonstrate a substantial likelihood of a violation, without requiring proof of their truth or prejudice analysis, under circumstances where an attorney's presentation of racially charged material to the jury exceeds the narrow exception for relating relevant third-party statements.

The Rule of People v. Uceda is that a trial court must instruct sua sponte on grossly negligent discharge of a firearm (Penal Code § 246.3, subd.

The Rule of People v. Gonzalez is that Assembly Bill No.

The Rule of People v. Dixon is that grand jury proceeding transcripts and police reports containing witness statements are inadmissible at Penal Code section 1172.6 evidentiary hearings, under circumstances where the defendant had no opportunity to cross-examine witnesses and the documents constitute multiple levels of hearsay without applicable exceptions.