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Name Category Published
People v. Doyle
Defendant's waiver of jury trial is voluntary, knowing and intelligent despite court's failure to explain to defendant everything he was giving up by entering waiver. 		Criminal Law and Procedure Nov. 13, 2016
People v. Colbert
Store's back office is a discrete area separate from the commercial part of the establishment; hence, theft occurring there does not constitute shoplifting. 		Criminal Law and Procedure Nov. 10, 2016
Harris v. Superior Court (People)
People not entitled to set aside plea agreement and reinstate dismissed counts where defendant seeks recall and resentencing relief under Proposition 47. 		Criminal Law and Procedure Nov. 10, 2016
U.S. v. McCandless
Federal prisoner not entitled to mandamus relief challenging district court's refusal to grant motion for bail because he cannot demonstrate clear legal error. 		Criminal Law and Procedure Nov. 10, 2016
United States v. Finazzo
Government assent to lowered sentencing recommendation by probation office does not constitute motion meriting downward variance at resentencing. 		Criminal Law and Procedure Nov. 10, 2016
In re Guiomar
Trial court has jurisdiction to alter sentences for convictions not altered by Proposition 47 in determining length of aggregate sentence. 		Criminal Law and Procedure Nov. 8, 2016
People v. Martinez
Felony 'receipt for goods' forgery does not qualify for redesignation as misdemeanor under Proposition 47. 		Criminal Law and Procedure Nov. 8, 2016
U.S. v. Lucas
Defendant has no right to discovery of information he contends will support his motion to dismiss indictment absent showing of materiality. 		Criminal Law and Procedure Nov. 8, 2016
Maas v. Superior Court (People)
Habeas petitioner may peremptory challenge judge assigned to assess his habeas petition under Code of Civil Procedure Section 170.6 even before an OSC has been issued. 		Criminal Law and Procedure Nov. 7, 2016
U.S. v. Benally
Defendant's conviction for using a firearm in connection with a 'crime of violence' overturned in light of 'Leocal' and 'Fernandez-Ruiz.' 		Criminal Law and Procedure Nov. 7, 2016
People v. Asbury
Imposition of time limitations for questioning of potential jurors does not warrant reversal of second degree murder conviction involving murder of former lover. 		Criminal Law and Procedure Nov. 3, 2016
People v. Guarneros
Car dealership owner who bilked California of sales tax revenues properly ordered to pay 15 percent in collection fees above the $310,360 restitution he must pay. 		Criminal Law and Procedure Nov. 3, 2016
People v. Chavez
Penal Code Section 1203.4 provides exclusive method by which trial court can dismiss defendant's conviction following completion of his probation. 		Criminal Law and Procedure Nov. 3, 2016
People v. Chenelle
Alleged instructional error does not warrant reversal of caretaker's conviction for committing lewd and lascivious act on a dependant adult. 		Criminal Law and Procedure Nov. 2, 2016
In re N.C.
Victim of human trafficking charged with prostitution wins reversal of order denying motion to exclude evidence regarding prostitution because such evidence barred under Evidence Code section 11661. 		Criminal Law and Procedure Nov. 2, 2016
People v. Buford
Proposition 47 does not modify Proposition 36 with respect to determination of whether resentencing defendant would pose unreasonable risk of danger to public safety. 		Criminal Law and Procedure Oct. 30, 2016
People v. Rendon
Possession of materials that may be used to produce more counterfeit bills irrelevant to valuation of counterfeit bills for purposes of determining defendant's punishment for forgery. 		Criminal Law and Procedure Oct. 30, 2016
People v. Evensen
Defendant has no reasonable expectation of privacy in his computer's shared folder associated with peer-to-peer computer network used to share child pornography. 		Criminal Law and Procedure Oct. 30, 2016
People v. Lewis
Petitioner who is still serving period of PCRS has not yet 'completed' sentence and is ineligible for redesignation of otherwise qualified offense under Prop. 47. 		Criminal Law and Procedure Oct. 30, 2016
People v. Tatum
In murder case, judge's negative comments to jury about plumbers provides basis for mistrial where defendant's alibi witness is a plumber. 		Criminal Law and Procedure Oct. 30, 2016
People v. Learnard
'Strike' reversed as to prior assault conviction where record of conviction did not distinguish types of assault that would support 'strike' finding. 		Criminal Law and Procedure Oct. 30, 2016
People v. Lopez
'In re Arturo D.' remains good law, permitting officer's warrantless search of driver's purse for identification, warranting the reversal of the dismissal of case against driver. 		Criminal Law and Procedure Oct. 27, 2016
People v. Aguilar
Defendant unsuccessful in arguing that restitution order must be vacated because it lacks factual nexus to damage caused by his graffiti vandalism. 		Criminal Law and Procedure Oct. 27, 2016
People v. Navarette
Mexican murder conviction cannot count as 'strike' as elements of crime do not match CA definition of murder due to possibility of self-defense justification. 		Criminal Law and Procedure Oct. 27, 2016
People v. Sotelo-Urena
Exclusion of expert testimony regarding homeless man's heightened perception of deadly threat resulted in prejudice, warrants reversal of murder conviction. 		Criminal Law and Procedure Oct. 26, 2016
People v. Wright
Speculative hebephilia diagnosis by expert psychologist who had no knowledge of victims' sexual development not enough to commit defendant to state hospital under Sexually Violent Predator Act. 		Criminal Law and Procedure Oct. 25, 2016
People v. Cady
Driver obtains reversal of one of his drunk driving convictions where one was a lesser included offense of the other. 		Criminal Law and Procedure Oct. 23, 2016
United States v. Doe
Order 		Criminal Law and Procedure Oct. 23, 2016
People v. Superior Court (Rangel)
Offender not entitled to apply excess postsentence custody credits to reduce or eliminate his mandatory period of community supervision following resentencing under Prop. 36. 		Criminal Law and Procedure Oct. 23, 2016
People v. Johnson
Trial court errs by not instructing jury on prior convictions for manslaughter and hit and run in retrial for second degree murder charge in same case. 		Criminal Law and Procedure Oct. 23, 2016
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