Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
14-10365
|
U.S. v. Lundin
Court correctly suppresses handguns seized from defendant's home following a warrantless search that is not justified by exigent circumstances. |
Criminal Law and Procedure |
|
Mar. 23, 2016 | |
E062790
|
People v. Bush
Petitioner's felony convictions for receiving stolen property may be eligible for resentencing as misdemeanors under Proposition 47, where record is unclear whether property involved exceeded $950. |
Criminal Law and Procedure |
|
Mar. 23, 2016 | |
B263075
|
People v. Aguilar
Defendant's prior felony conviction for carrying concealed firearm in a vehicle is crime of moral turpitude admissible for impeachment purposes. |
Criminal Law and Procedure |
|
Mar. 23, 2016 | |
A140628
|
People v. Giron-Chamul
Young daughter's refusal to answer many questions regarding father's offense of conviction warranted reversal where it constituted violation of his constitutional right to confrontation. |
Criminal Law and Procedure |
|
Mar. 22, 2016 | |
13-16273
|
Shirley v. Yates
Prisoner obtains habeas relief following court's error in denying 'Batson' claim alleging racial discrimination in prosecutor's dismissal of black veniremember. |
Criminal Law and Procedure |
|
Mar. 22, 2016 | |
11-35114
|
Frost v. Gilbert
Error preventing counsel from making alternative arguments in summation not prejudicial, where insufficiency argument would have 'fallen on deaf ears' due to overwhelming prosecutorial evidence. |
Criminal Law and Procedure |
|
Mar. 22, 2016 | |
14-30204
|
U.S. v. Nickle
District court erroneously rejects drug offender's plea though his plea otherwise met Federal Rule of Civil Procedure 11(b)'s requirements. |
Criminal Law and Procedure |
|
Mar. 22, 2016 | |
A141407
|
People v. Smith
Continuance should be granted under PC 1050 where preliminary hearing will still fall within statutorily mandated ten-day window (PC 859(b)), even absent good cause. |
Criminal Law and Procedure |
|
Mar. 21, 2016 | |
B257829
|
People v. Adams
Cousins' convictions for forcible rape in concert, aggravated kidnapping, and related offenses remain intact despite error in failing to stay punishment on kidnapping conviction. |
Criminal Law and Procedure |
|
Mar. 18, 2016 | |
S219889
|
People v. Juarez
Conspiracy charges that contain all elements of twice-dismissed attempted murder charges must be dismissed because they constitute 'the same offense' under Penal Code Section 1387. |
Criminal Law and Procedure |
|
Mar. 18, 2016 | |
C069965
|
People v. Medina
Aider and abettor's active involvement in every element of attempted robbery that ended in murder supported sentencing court's special circumstance finding. |
Criminal Law and Procedure |
|
Mar. 18, 2016 | |
C078277
|
People v. Myers
Denial of Proposition 36 resentencing petition affirmed where court does not err in use of definition regarding 'unreasonable risk of danger to public safety.' |
Criminal Law and Procedure |
|
Mar. 18, 2016 | |
H041332
|
People v. Appleton
Probation condition allowing for searches of defendant's computers and electronic devices struck as unconstitutionally overbroad, requiring remand to fashion more narrowly-tailored condition. |
Criminal Law and Procedure |
|
Mar. 17, 2016 | |
C079394
|
People v. Valencia
Man who used fake $50 bills to purchase prepaid cellphone worth less than $950 is eligible for resentencing under new shoplifting law in Proposition 47. |
Criminal Law and Procedure |
|
Mar. 17, 2016 | |
B262174
|
People v. Nestdrop
Defendants, makers of marijuana delivery 'app', unsuccessful in overturning preliminary injunction because Proposition D prohibits virtually all deliveries of marijuana by vehicle. |
Criminal Law and Procedure |
|
Mar. 16, 2016 | |
B260447
|
People v. Franco
Face value, rather than 'actual' value, of forged check pertinent question in Prop 47 resentencing. |
Criminal Law and Procedure |
|
Mar. 16, 2016 | |
F068887
|
People v. Hutton
Defendant erroneously denied presentence custody credits though he was on 'sheriff's parole' and, therefore, not 'in custody,' at time of his arrest. |
Criminal Law and Procedure |
|
Mar. 16, 2016 | |
12-55667
|
Daire v. Lattimore
Counsel's omission of defendant's mental illness does not run afoul of 'Strickland,' which applies to ineffective assistance of counsel in noncapital cases, precluding habeas relief. |
Criminal Law and Procedure |
|
Mar. 16, 2016 | |
13-55328
|
Burton v. Davis
Habeas relief properly granted to California prisoner where state courts failed to adequately determine the merits of his 'Faretta' request for self-representation in murder trial. |
Criminal Law and Procedure |
|
Mar. 11, 2016 | |
D068235
|
People v. Root
Defendant entitled to relief under Proposition 47 because entry into bank to commit theft by false pretenses in amounts under $950 qualifies as 'shoplifting.' |
Criminal Law and Procedure |
|
Mar. 11, 2016 | |
11-10029
|
U.S. v. Reza-Ramos
Felony murder conviction vacated where court errs in defining 'burglary' under federal murder statute by reference to Arizona's burglary statute. |
Criminal Law and Procedure |
|
Mar. 10, 2016 | |
B259998
|
People v. Arevalo
Acquittal on weapons charge and arming allegation precludes resentencing court from finding inmate ineligible for resentencing consideration. |
Criminal Law and Procedure |
|
Mar. 10, 2016 | |
15-6319
|
McWilliams v. Alabama
Order |
Criminal Law and Procedure |
|
Mar. 10, 2016 | |
15-6326
|
Storey v. Alabama
Order |
Criminal Law and Procedure |
|
Mar. 10, 2016 | |
15-6584
|
Thompson v. Roy, Comm'r
Order |
Criminal Law and Procedure |
|
Mar. 10, 2016 | |
15-7255
|
Baker v. Alabama
Order |
Criminal Law and Procedure |
|
Mar. 10, 2016 | |
15-7441
|
Duke v. Alabama
Order |
Criminal Law and Procedure |
|
Mar. 10, 2016 | |
15-7550
|
Presley v. Alabama
Order |
Criminal Law and Procedure |
|
Mar. 10, 2016 | |
H042396
|
People v. Garcia
Proposition 47's statutory scheme allowing recall of sentence applies to all those with felony dispositions, including those placed on probation who otherwise meet the conditions specified therein. |
Criminal Law and Procedure |
|
Mar. 9, 2016 | |
14-10008
|
Wearry v. Cain
'Brady' violation from prosecution's failure to turn over evidence supporting inmate's innocence results in reversal of state postconviction court's denial of relief. |
Criminal Law and Procedure |
|
Mar. 8, 2016 |