Gomez v. Superior Court — Case No. C102211

Court: California Court of Appeal, Third Appellate District

Date: Opinion filed August 6, 2025; ordered published August 15, 2025

Role: Counsel for Petitioner, Attorney Gina C. Teddington

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Issue: The trial court denied Mental Health Diversion, finding the statutory presumption rebutted, deeming the petitioner dangerous, and exercising residual discretion to refuse diversion.

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Result: Secured a peremptory writ directing the trial court to grant diversion. The Court of Appeal found no substantial evidence rebutting the presumption, rejected the dangerousness finding, and clarified limits on the trial court's residual discretion.

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Opinion: Read the published opinion

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Significance: This published decision provides clear guidance on how Penal Code § 1001.36 must be applied, confirming the evidentiary standard to overcome the presumption and restricting improper use of residual discretion to deny diversion.

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Lacour v. Superior Court — Case No. C101343

Court: California Court of Appeal, Third Appellate District

Date: April 4, 2025

Role: Counsel for Petitioner, Attorney Gina C. Teddington

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Issue: The trial court denied Mental Health Diversion under Penal Code § 1001.36, reasoning that the defendant failed to prove the mental health disorder influenced the charged offense.

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Result: Successfully obtained a writ of mandate from the Court of Appeal. The court held that the prosecution had not rebutted the statutory presumption by clear and convincing evidence and directed the trial court to vacate its denial and conduct a new hearing consistent with the opinion.

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Opinion: Read the published opinion

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Significance: This published opinion clarifies that a lack of affirmative evidence is not enough to overcome the statutory presumption once a qualifying diagnosis is established. It strengthens access to diversion for eligible defendants and limits improper denials.

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​Results in legal matters depend on the unique facts and law of each case. Past results do not guarantee or predict similar outcomes.

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