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Name Category Published
People v. Debouver
Defendant's entry into secured subterranean garage where resident caught him breaking into vehicles red handed, supported finding of 'person-present' sentence enhancement. 		Criminal Law and Procedure Jul. 28, 2016
Davis v. Superior Court (People)
Inmate not required to pay in advance for costs of postconviction discovery, winning remand so court may consider to which specific discovery he is entitled. 		Criminal Law and Procedure Jul. 26, 2016
People v. Hydrick
45-day custody hold issued to evaluate whether prisoner is sexually violent predator permissible as decision to petition to commit is part of determination process. 		Criminal Law and Procedure Jul. 25, 2016
Jones v. Harrington
State prisoner convicted of murder entitled to release or new trial where confession admitted even though prisoner simply and unambiguously invokes right to remain silent. 		Criminal Law and Procedure Jul. 25, 2016
Cox v. Superior Court (Kernan)
Peremptory writ of mandate issued vacating court's orders where court strikes civil complaint after incorrectly deeming it to be petition for writ of habeas corpus. 		Criminal Law and Procedure Jul. 25, 2016
People v. Fuentes
Gang enhancement allegation dismissal in plea agreement appropriate under Penal Code section 1385(a), granting courts discretion to dismiss actions in 'furtherance of justice.' 		Criminal Law and Procedure Jul. 22, 2016
People v. Ghipriel
Sexual assault by restaurant manager within locked back office can amount to force necessary to make misdemeanor false imprisonment a felony. 		Criminal Law and Procedure Jul. 22, 2016
People v. Salmorin
Prop. 47 petition to recall forgery sentence improperly denied where trial court erroneously aggregated face amounts of forged checks charged in single forgery count. 		Criminal Law and Procedure Jul. 21, 2016
People v. Soto
Reversal of second degree murder conviction not warranted despite erroneous jury instruction that precluded jury from considering involuntary intoxication pertaining to imperfect self-defense claim. 		Criminal Law and Procedure Jul. 21, 2016
Ayala v. Chappell
State prisoner unsuccessful in challenging denial of habeas corpus petition under Antiterrorism and Effective Death Penalty Act on ineffective assistance of counsel and other grounds. 		Criminal Law and Procedure Jul. 21, 2016
People v. Frierson
Inmate convicted of stalking not eligible for resentencing under Three Strikes law as third conviction considered violent, dangerous. 		Criminal Law and Procedure Jul. 21, 2016
People v. Disa
First degree murder conviction overturned due to erroneous admission of 'highly inflammatory' evidence of defendant's prior act of domestic violence. 		Criminal Law and Procedure Jul. 19, 2016
People v. Simon
Defendant's claims unavailing, resulting in affirmance of death sentence following convictions for multiple murder and rape. 		Criminal Law and Procedure Jul. 19, 2016
People v. Aguirre
Order 		Criminal Law and Procedure Jul. 18, 2016
People v. Snyder
Insufficient evidence to convict defendant of lewd acts upon child under 14, where testimonial evidence is equivocal as to whether child was 14 when acts took place. 		Criminal Law and Procedure Jul. 18, 2016
U.S. v. Pimentel-Lopez
In drug possession and conspiracy case, jury's special finding that quantity of drugs was less than 50 grams is dispositive and cannot be contradicted by court. 		Criminal Law and Procedure Jul. 18, 2016
Mann v. Ryan
Arizona state prisoner's 'Strickland' claim must be approached with AEDPA deference where state court's application of 'Strickland' standard was ambiguous. 		Criminal Law and Procedure Jul. 18, 2016
U.S. v. Ornelas
Sentence imposed in absentia lawful where defendant's appeal waiver is valid and he was 'voluntarily absent' for sentencing hearing. 		Criminal Law and Procedure Jul. 15, 2016
U.S. v. Torres
Felon fails to overturn adverse ruling on his motion to suppress evidence of handgun found in vehicle's air filter compartment during police officer's inventory search. 		Criminal Law and Procedure Jul. 15, 2016
People v. McCaw
'Strike' enhancement based on New York conviction for third degree robbery overturned in light of 'Descamps' where trial court erroneously relied on plea colloquy. 		Criminal Law and Procedure Jul. 14, 2016
People v. Cordova
Proposition 47's narrowed definition of dangerousness applies to determinations of dangerousness under Three Strikes Reform Act. 		Criminal Law and Procedure Jul. 14, 2016
People v. Hamernik
Appeals court cannot review motion to amend information as trial court found it moot, improperly substituting lesser-included offense. 		Criminal Law and Procedure Jul. 13, 2016
People v. Mutter
Denial of Proposition 47 petition seeking resentencing reversed where counterfeit currency is a 'bank bill' for purposes of misdemeanor portion of forgery statute. 		Criminal Law and Procedure Jul. 13, 2016
People v. Vang
Murderer not guilty of arson of inhabited structure when lone occupant was already dead when defendant and his cousin set fire to house. 		Criminal Law and Procedure Jul. 13, 2016
People v. Trevino
Defendant's first degree burglary conviction of an inhabited RV stands despite absence of terms 'recreational vehicle' or 'house car' in Penal Code Section 460(a). 		Criminal Law and Procedure Jul. 13, 2016
People v. Zaragoza
High court overturns defendant's death penalty judgment on account of trial court's error in the death-qualification of the jury. 		Criminal Law and Procedure Jul. 12, 2016
People v. Espinoza
Court appropriately proceeds with non-capital felony trial despite absence of defendant as voluntary absence is waiver of right to be present. 		Criminal Law and Procedure Jul. 12, 2016
People v. Ranlet
Child molestation convictions affirmed where court does not abuse discretion in admitting evidence of defendant's statements made in private chat room in order to show intent. 		Criminal Law and Procedure Jul. 12, 2016
People v. Fusting
Entering business with intent to commit theft by false pretenses qualifies as shoplifting under new Penal Code Section 459.5. 		Criminal Law and Procedure Jul. 12, 2016
People v. Jefferson
Denial of Proposition 47 petition for recall and resentencing of commercial burglary felony conviction to misdemeanor shoplifting proper where ample evidence supports dangerousness finding. 		Criminal Law and Procedure Jul. 11, 2016
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