Pretrial release is the general practice, while detention before conviction is intended to be limited under the law. The Supreme Court has noted that monetary conditions of release must be set at a reasonable amount. A California bail case involving Gerald Kowalczyk examined the practice of setting bail beyond an individual’s ability to pay, resulting in the accused remaining incarcerated before trial.

The California Supreme Court ruled plaintiffs can bring lawsuits regarding medical record data breaches without proving who actually viewed the information. But the court nonetheless sidelined a lawsuit from a student who tried to sue an educational contractor for allegedly losing track of his personal information in a data breach.

The Third District Court of Appeal held yesterday that a defendant’s speedy trial rights were violated where the case was called on the last day of the statutory window and the judge heard multiple motions in limine but put jury selection over for the next day due to a new court policy to not summon potential panelists on Mondays.

The California Supreme Court held yesterday that amendments to Penal Code §1170(b), adopted in 2022, that limit a sentencing judge to the middle term absent a stipulation by the defendant or jury findings as to certain aggravating circumstances apply to all non-final judgments even if a high term was imposed as part of a pre-enactment, negotiated plea deal that resulted in more serious charges being dismissed.