California Legal Brief

The Rule of *People v. Alston* is that under Code of Civil Procedure section 231.7, a trial court must expressly explain its reasons on the record when ruling on an objection to a peremptory challenge, including making findings on whether presumptively invalid reasons were rebutted by clear and convincing evidence, under circumstances where the prosecutor's stated reasons for the challenge include distrust of law enforcement by a prospective juror who is a member of a cognizable group.

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.

The Rule of People v. Flores is that an electronics search condition for probation is constitutional and reasonable when the defendant used electronic devices as integral tools in the commission of the underlying offense, under circumstances where the defendant used internet-based platforms and VOIP technology to facilitate drug sales and conceal their identity.

The Rule of The People v. Zapata is that when a suspect invokes and does not waive the right to counsel, and a known law enforcement officer continues to "stimulate" a Perkins operation in a manner that amounts to a custodial interrogation, the suspect's resulting incriminating statements are inadmissible, under circumstances where the known officer's actions were reasonably likely to elicit an incriminating response and created a police-dominated atmosphere of compulsion.

The Rule of Esparza v. The Superior Court of San Bernardino County is that incompetence to testify under Evidence Code section 701 may not be presumed from a prior grave disability finding under the LPS Act, under circumstances where a conservatorship has been established based on inability to provide for basic personal needs.

The Rule of People v. Heaps is that ex parte communications with a deliberating jury concerning a juror's ability to deliberate require reversal unless the prosecution proves harmless error beyond a reasonable doubt, under circumstances where the trial court fails to notify counsel of the jury's note raising competency concerns and the record does not establish how the jury resolved those concerns.

The Rule of **People v. Diaz** is that trial courts are not required to expressly state they have considered a defendant's youth when determining whether the defendant acted with express malice/intent to kill in section 1172.6 proceedings, under circumstances where the court is aware of the defendant's age and counsel argues youth as a mitigating factor but the court finds the defendant personally intended the victims' deaths.

The Rule of People v. Gomez is that use of animal imagery in criminal proceedings does not violate the Racial Justice Act when the animal reference is benign, endearing, and used solely to explain legal concepts rather than to dehumanize or exhibit racial bias, under circumstances where an objective observer would understand the comparison relates to the state of evidence rather than character traits.

The Rule of Microsoft Corporation v. Superior Court of Los Angeles County is that a trial court may issue a nondisclosure order prohibiting an electronic service provider from notifying its enterprise customer of a search warrant's existence, under circumstances where the court has reviewed a sealed affidavit and found that disclosure could cause adverse results enumerated in CalECPA, even when the provider proposes to notify only a "trusted contact" at the customer organization who is not the target of the investigation.

The Rule of People v. J.C. is that the firearm prohibition under Penal Code section 29820, subdivision (b), does not apply to minors adjudicated as juvenile court wards for brandishing an imitation firearm under Penal Code section 417.4, under circumstances where section 417.4 is not among the statutorily enumerated offenses in section 29805 that trigger the firearm ban.

The Rule of People v. Gutierrez is that a Governor's state of emergency proclamation is subject to independent legal interpretation by courts, not jury determination, and when a proclamation limits emergency zones to specific "high hazard areas" to be identified by state agencies rather than declaring a statewide emergency, the prosecution must prove the crime occurred within those specifically identified areas, under circumstances where the proclamation's plain language directs agencies to identify particular zones rather than declaring the emergency exists throughout the entire state.