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People v. Nassetta
Probation condition imposing nighttime curfew for drug and driving under the influence convictions struck as invalid.
Criminal Law and Procedure Sep. 27, 2016
U.S. v. Zhou
Failure to mention separate component of charge at plea colloquy not 'plain error,' does not bar restitution under Mandatory Victims Restitution Act.
Criminal Law and Procedure Sep. 27, 2016
People v. Davis
Property owner's conviction for petty theft of water overturned because theft of uncaptured flowing water cannot be the subject of a larceny.
Criminal Law and Procedure Sep. 27, 2016
People v. Sauceda
Conviction for theft and unlawful driving or taking of vehicle under Vehicle Code section 10851 not eligible for resentencing under Proposition 47.
Criminal Law and Procedure Sep. 26, 2016
People v. Perez
Convictions affirmed, but remand ordered for limited purpose of allowing evidence relevant to youth offender parole hearing.
Criminal Law and Procedure Sep. 25, 2016
People v. Huerta
Offender entitled to reclassification of burglary conviction to misdemeanor shoplifting even if she committed crime with co-defendants where conspiracy played no role in her prosecution.
Criminal Law and Procedure Sep. 22, 2016
People v. Nelson
Extensive questionnaire and verbal interrogation of jurors after deadlock constitutes improper intrusion of court influence in death penalty deliberations.
Criminal Law and Procedure Sep. 22, 2016
U.S. v. Diaz
Reduction of prior felony conviction to misdemeanor under Proposition 47 does not affect federal sentence enhancement of life imprisonment that is based on that conviction.
Criminal Law and Procedure Sep. 22, 2016
U.S. v. Williams
Known drug dealer's suppression motion erroneously granted where telephone tip was sufficiently reliable and his subsequent behavior provided probable cause for his arrest.
Criminal Law and Procedure Sep. 20, 2016
People v. Woods
Guilty plea to charge of resisting an executive officer qualifies for Mentally Disordered Offender treatment under MDO Act.
Criminal Law and Procedure Sep. 19, 2016
People v. White
Sex offender's escalating and aggressive frotteuristic behavior qualifies as 'sexually violent criminal behavior' supporting his commitment as a sexually violent predator.
Criminal Law and Procedure Sep. 19, 2016
People v. Varner
Penal Code Section 496d conviction for receiving stolen motor vehicle is not an eligible offense for Prop. 47 reclassification, resentencing.
Criminal Law and Procedure Sep. 18, 2016
U.S. v. Soto-Zuniga
District court abuses discretion by denying discovery of arrest records at San Clemente immigration checkpoint where checkpoint allegedly violates defendant's Fourth Amendment.
Criminal Law and Procedure Sep. 18, 2016
Tarango v. McDaniel
Nevada prisoner is entitled to habeas relief where state supreme court failed to consider potential prejudicial impact of police contact with known hold-out juror.
Criminal Law and Procedure Sep. 18, 2016
In re Brigham
Conviction for first degree murder as aider and abettor vacated in light of 'People v. Chiu,' resulting in remand for new trial or reduction of conviction.
Criminal Law and Procedure Sep. 15, 2016
People v. Cortez
Court may alter misdemeanor sentences while resentencing former felony conviction as misdemeanors under Penal Code Section 1170.18.
Criminal Law and Procedure Sep. 14, 2016
U.S. v. Kaplan
Doctor's use of single-use needle guides in treating paying patients satisfies 'held for sale' element of 21 U.S.C. Section 331(k) of the FDCA.
Criminal Law and Procedure Sep. 11, 2016
People v. Holm
Private golf and country club is a 'commercial establishment' for purposes of newly-enacted Penal Code Section 495.5 shoplifting statute under Prop. 47.
Criminal Law and Procedure Sep. 8, 2016
People v. Sibrian
Expert testimony regarding police tactics and training admissible where proper use of gun, Taser outside scope of lay juror's knowledge.
Criminal Law and Procedure Sep. 8, 2016
People v. Blackwell
'Miller' does not require 'irreparable corruption' be proved to jury before sentencing court may impose life without possibility of parole on juvenile homicide offender.
Criminal Law and Procedure Sep. 8, 2016
People v. Covarrubias
Erroneous excusal of prospective juror based solely on his views on death penalty compels automatic reversal of murderer's death penalty phase; judgment otherwise upheld.
Criminal Law and Procedure Sep. 8, 2016
People v. Cornejo
No alteration on second rehearing, where defendants successful in reversing gang enhancement in light of 'People v. Prunty' but otherwise unsuccessful on remaining contentions.
Criminal Law and Procedure Sep. 6, 2016
Hopkins v. Superior Court (People)
Vehicle Code provision that prohibits pretrial diversion in DUI cases does not preclude military diversion under Penal Code Section 1001.80.
Criminal Law and Procedure Sep. 5, 2016
Galzinski v. Somers (Seyffert)
Writ of mandate issued due to police department's failure to perform ministerial duty of satisfying obligations imposed by its published procedure regarding citizen's complaints.
Criminal Law and Procedure Sep. 1, 2016
People v. Adelmann
Where receiving county receives 'entire jurisdiction' of case, Prop. 47 petition is proper there.
Criminal Law and Procedure Sep. 1, 2016
People v. Cruz
Charged offense must be proven beyond reasonable doubt to be considered in determining guilt of other charged offense under Evidence Code Section 1108.
Criminal Law and Procedure Sep. 1, 2016
People v. Ochoa
Attempted extortion conviction overturned where there was no evidence that shooter intended to extort anything from his victim; attempted murder conviction otherwise upheld.
Criminal Law and Procedure Sep. 1, 2016
U.S. v. Alvarez
Defendant properly ordered to pay restitution as condition of supervised release for damages to rental car even though plea agreement made no mention of restitution.
Criminal Law and Procedure Sep. 1, 2016
United States v. Aguilar-Canche
Trial court lacks discretion to alter defendant's sentence in accordance with amendment to sentencing guidelines as sentence was based on statutory minimums.
Criminal Law and Procedure Aug. 30, 2016
People v. Spiller
'Super strikes' that render inmates statutorily ineligible for resentencing under Three Strikes Reform Act must occur prior to conviction resulting in third strike sentence.
Criminal Law and Procedure Aug. 30, 2016