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Name Category Published
People v. Jones
Proposition 47 petition for retroactive striking of enhancement properly denied, but remand warranted where commercial burglary conviction otherwise qualified for reclassification as misdemeanor shoplifting. 		Criminal Law and Procedure Jul. 11, 2016
People v. Smith
Check exchange business constitutes 'commercial establishment' for purposes of shoplifting statute, Penal Code Section 459.5, added under Proposition 47. 		Criminal Law and Procedure Jul. 11, 2016
U.S. v. Christensen
Criminal sleuths escape computer fraud- and unauthorized computer access-related convictions connected to operation of criminal enterprise, Pellicano Investigative Agency. 		Criminal Law and Procedure Jul. 11, 2016
People v. Ocegueda
Failure to instruct jury that it could consider defendant's mental disabilities involving claim for imperfect self-defense not prejudicial, but reversal nevertheless warranted due to sentencing error. 		Criminal Law and Procedure Jul. 11, 2016
United States v. Phillips
Defendant's challenge to conviction for being felon in possession of firearm based on argument that predicate offense of 'misprision of felony' violates Second Amendment rejected. 		Criminal Law and Procedure Jul. 7, 2016
People v. Field
Strict scrutiny is appropriate level of review in considering disparate treatment of sexually violent predators and those found not guilty by reason of insanity. 		Criminal Law and Procedure Jul. 7, 2016
U.S. v. Nosal
Convictions affirmed where former employee with revoked computer access acts 'without authorization' under Computer Fraud and Abuse Act by conspiring to use login credentials of current employee. 		Criminal Law and Procedure Jul. 6, 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. 6, 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. 5, 2016
People v. Franklin
Insufficient evidence for gang enhancement allegations under Penal Code § 186.22 merits partial reversal in burglary, false imprisonment case. 		Criminal Law and Procedure Jul. 5, 2016
People v. Montgomery
'Prior conviction' rendering applicant ineligible for redesignation of felony to misdemeanor under Proposition 47 is conviction that occurs prior to filing of application for redesignation. 		Criminal Law and Procedure Jul. 5, 2016
Brooks v. Mercy Hospital
Judgment in favor of defendant hospital that treated prisoner reversed where court fails to apply special tolling provision relating to prisoners. 		Criminal Law and Procedure Jul. 5, 2016
People v. Eulian
Off-duty firefighter who punched cat lady into unconsciousness cannot escape assault and battery convictions based on allegedly erroneous self-defense jury instructions. 		Criminal Law and Procedure Jul. 1, 2016
People v. Sanchez
Case-specific statements related by prosecution's expert concerning defendant's gang membership is inadmissible hearsay, resulting in reversal of street gang enhancements. 		Criminal Law and Procedure Jul. 1, 2016
People v. Conley
Third strikers sentenced before Reform Act took effect, but whose judgment were not yet final, not entitled to automatic resentencing but may petition for recall of sentence. 		Criminal Law and Procedure Jul. 1, 2016
People v. Olivas
Court's answer in the negative to question regarding the consideration of lesser offense before deciding verdict on greater offense constitutes prejudicial 'Kurtzman' error. 		Criminal Law and Procedure Jun. 30, 2016
People v. Smith
Murder convictions reversed due to prejudicial error stemming from incorrect jury instructions and erroneously admitted hearsay evidence. 		Criminal Law and Procedure Jun. 30, 2016
U.S. v. Lindsey
In mortgage fraud cases, lender negligence in verifying loan application information or intentional disregard of such information is no defense and evidence of such is inadmissible as a defense. 		Criminal Law and Procedure Jun. 29, 2016
U.S. v. Lemus
Comparison of drugs that were not tied to defendant is insufficient to support jury's quantity finding, warranting reversal and remand for resentencing. 		Criminal Law and Procedure Jun. 29, 2016
People v. Bollaert
Convictions of operator of Web site allowing users to post private, intimate photographs of others upheld. 		Criminal Law and Procedure Jun. 29, 2016
People v. Romo
Closing argument statement regarding presumption of innocence not prosecutorial misconduct as language does not reverse presumption of innocence. 		Criminal Law and Procedure Jun. 29, 2016
People v. Jefferson
Court should not have imposed drug program fee, which it then suspended, for defendant who did not have ability pay it. 		Criminal Law and Procedure Jun. 28, 2016
People v. Dunn
Prop. 47 relief erroneously denied as to otherwise eligible defendant whose conviction was based on negotiated plea even though reclassification would reduce bargained-for punishment. 		Criminal Law and Procedure Jun. 27, 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 Jun. 27, 2016
People v. Becerra
Failure to explain why defendant's behavior is dilatory in revocation of pro per status constitutes improper denial of self-representation right. 		Criminal Law and Procedure Jun. 27, 2016
Voisine v. United States
Statute's prohibition on gun possession by persons convicted of 'misdemeanor crime of violence' applies to reckless assaults, as it does to knowing or intentional ones. 		Criminal Law and Procedure Jun. 27, 2016
People v. Buchanan
California Penal Code Section 654 bars separate punishments for defendant's possession of a single firearm on a single occasion. 		Criminal Law and Procedure Jun. 27, 2016
People v. Hartley
Passenger who refused to pay cab driver after the latter missed a turn lacks requisite fraudulent intent to support petty theft by false pretenses conviction. 		Criminal Law and Procedure Jun. 27, 2016
People v. Superior Court (Albert Sokolich)
Negligence does not constitute failure to act in good faith in petition to commit man as sexually violent predator. 		Criminal Law and Procedure Jun. 26, 2016
People v. Johnson
Petitioning defendant, not prosecution, has initial burden of establishing eligibility for resentencing under Proposition 47. 		Criminal Law and Procedure Jun. 26, 2016
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