Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A144049
|
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 | |
14-50288
|
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 | |
C080545
|
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 | |
F071531
|
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 | |
G050927
|
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 | |
E065365
|
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 | |
S048763
|
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 | |
10-50029
|
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 | |
15-10008
|
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 | |
B269253
|
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 | |
B267529
|
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 | |
E063389
|
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 | |
14-50529
|
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 | |
13-17071
|
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 | |
A144572
|
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 | |
G052158
|
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 | |
15-10241
|
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 | |
A143873
|
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 | |
A143369
|
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 | |
A144424
|
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 | |
S075136
|
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 | |
C072053
|
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 | |
B270503
|
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 | |
C079513
|
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 | |
E064099
|
People v. Adelmann
Where receiving county receives 'entire jurisdiction' of case, Prop. 47 petition is proper there. |
Criminal Law and Procedure |
|
Sep. 1, 2016 | |
F069940
|
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 | |
B264450
|
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 | |
14-50506
|
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 | |
15-30209
|
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 | |
F070068
|
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 |