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  Friday, April 12, 2019  
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The following caselaw summaries are provided as a courtesy to Los Angeles County Bar Association members by the Metropolitan News-Enterprise www.metnews.com. Summaries from the past 90 days are archived and searchable on the LACBA Web site at www.lacba.org/news-and-publications/daily-ebriefs.
NINTH U.S. CIRCUIT COURT OF APPEALS
Criminal Law and Procedure
The government is not required to prove that a defendant subjectively knew that his victim did not consent to sexual contact for the defendant to be guilty of a violation of 18 U.S.C. Sec. 2244(b). The government need only prove that the victim did not consent as an objective matter.

United States v. Price - filed April 12, 2019
Cite as 2019 S.O.S. 15-50556
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CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
The Legislature has never sought to circumscribe the nature or type of forcible conduct that will support a conviction of forcible rape. Force that is not particularly powerful in pure physical terms, but that helped induce the fear needed to overcome a victim's will, is sufficient. Even if a john does not have the mens rea to personally be found guilty of rape, a defendant can be guilty of forcible rape in concert with the john if the defendant intended for the victim to be raped. A defendant's sentence for the crime of pimping should have been stayed where he was already punished for the same activity by way of his sentence for human trafficking. A court had discretion to sentence a defendant for multiple counts concurrently where the defendant's offenses involved one victim and his acts were not separated by any significant amount of time.

People v. Dearborne - filed March 21, 2019, publication ordered April 11, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 1769
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Criminal Law and Procedure
If defense counsel presents substantial evidence demonstrating a substantial change of circumstances or new evidence giving rise to a serious doubt about the validity of a competency finding, the trial court must suspend the criminal proceeding and reinstate competency proceedings. A court erred in declining to reinstate competency proceedings where counsel identified new symptoms the defendant was experiencing, and a worsening of pre-existing symptoms, which prevented counsel from understanding what defendant was attempting to communicate.

People v. Easter - filed March 13, 2019, publication ordered April 11, 2019, First District, Div. Two
Cite as 2019 S.O.S. 1776
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Criminal Law and Procedure
A trial court has discretion to modify a defendant's firearm enhancement to a "lesser included" enhancement under Penal Code Sec. 12022.53(b) or (c) in lieu of the greater enhancement in Sec. 12022.53(d) if such an outcome was found to be in the interests of justice under Sec. 1385.

People v. Morrison - filed April 11, 2019, First District, Div. Five
Cite as 2019 S.O.S. 1785
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