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Name Category Published
People v. Valenzuela
Carjacker's prior conviction for reckless evasion of police properly admitted for impeachment purposes though prior incident was factually similar to instant case. 		Criminal Law and Procedure Feb. 4, 2016
People v. Nichols
Prisoner ineligible for resentencing of felony offense of buying or receiving stolen motor vehicle as misdemeanor under Proposition 47. 		Criminal Law and Procedure Feb. 4, 2016
People v. Safety National Casualty Corp.
Without written waiver of personal presence, defendant's absence at scheduled pretrial hearing constitutes basis on which to forfeit bail under Penal Code Section 1305. 		Criminal Law and Procedure Feb. 2, 2016
Liao v. Junious
Sleepwalker entitled to habeas relief where trial counsel's failure to secure medical evidence to support crucial 'sleepwalking' defense resulted in prejudice. 		Criminal Law and Procedure Feb. 1, 2016
People v. Johnson
Inmate serving indeterminate life term as third striker for an offense where inmate inflicted serious bodily injury on another is ineligible for resentencing under Prop. 36. 		Criminal Law and Procedure Jan. 29, 2016
People v. Aguilera
Spouse properly convicted of robbing wife of cell phone, a community property, on temporary taking theory where principles of separate and community property are immaterial to robbery prosecution. 		Criminal Law and Procedure Jan. 29, 2016
People v. Ewing
Defendant unsuccessful in challenging gang enhancement that he shot at an occupied vehicle for the benefit of the Norteno criminal street gang. 		Criminal Law and Procedure Jan. 29, 2016
People v. Garcia
Defendant's petition for resentencing under Proposition 36 properly denied where court determines that resentencing 'would pose an unreasonable risk of danger to public safety.' 		Criminal Law and Procedure Jan. 28, 2016
People v. Odom
Instructional error regarding kidnapping special circumstance does not warrant relief where error was harmless given overwhelming evidence of defendant's guilt. 		Criminal Law and Procedure Jan. 28, 2016
U.S. v. Cruz-Mendez
Pilot/captain enhancement properly applied to defendant operating vessel carrying narcotics between Mexico and U.S. 		Criminal Law and Procedure Jan. 28, 2016
People v. Perkins
Defendant may refile petition for resentencing of felonies to misdemeanors in order to supply evidence that stolen property and firearms do not exceed $950 in value. 		Criminal Law and Procedure Jan. 27, 2016
People v. Trujillo et al.
Order granting defendants' demurrer to felony complaint reversed where prosecution meets applicable pleading requirements. 		Criminal Law and Procedure Jan. 26, 2016
Montgomery v. Louisiana
'Miller v. Alabama,' which prohibits mandatory life without parole for homicide juvenile offenders, adopts a new substantive rule that applies retroactively on collateral review. 		Criminal Law and Procedure Jan. 26, 2016
People v. Orozco
Defendant unsuccessful in obtaining resentencing of theft-related felonies to misdemeanors under Proposition 47 where crimes not specifically enumerated in the law itself. 		Criminal Law and Procedure Jan. 22, 2016
Taylor v. Beard
Subsequent determination that defendant was not the actual shooter did not establish his innocence so as to require reversal of his felony murder conviction. 		Criminal Law and Procedure Jan. 22, 2016
People v. Johnson
Automatic appeal from judgment of death following first degree murder conviction affirmed in its entirety. 		Criminal Law and Procedure Jan. 22, 2016
People v. Vargas
Second degree burglary conviction for attempting to cash forged check less than $950 qualifies for resentencing as misdemeanor shoplifting under Proposition 47. 		Criminal Law and Procedure Jan. 21, 2016
Kansas v. Carr
Eight Amendment does not require capital-sentencing courts to instruct jury that mitigating circumstances need not be proven beyond reasonable doubt. 		Criminal Law and Procedure Jan. 21, 2016
People v. Cornejo
In light of 'Prunty,' the criminal activity of Norteño subsets cannot be used to support gang enhancement for defendants in other, non-associated subset of gang. 		Criminal Law and Procedure Jan. 21, 2016
People v. Thurston
Trial court properly finds prisoner ineligible for resentencing under Proposition 36 based on his juvenile adjudication for forcible rape. 		Criminal Law and Procedure Jan. 20, 2016
People v. Butler
Revocation restitution fines, under Section 1202.45, may not be applied where offender is not subject to parole, postrelease community service, or mandatory supervision after jail sentence. 		Criminal Law and Procedure Jan. 20, 2016
People v. Mateo
Trial court has no sua sponte duty to give pattern jury instruction explaining limited purpose of expert testimony on Child Sexual Abuse Accommodation Syndrome. 		Criminal Law and Procedure Jan. 20, 2016
People v. White
Defendant correctly found not to be eligible for resentencing relief under Proposition 36 where he was found to be 'armed' during commission of offense. 		Criminal Law and Procedure Jan. 20, 2016
People v. Leon
Erroneous admission of gang affiliation admissions made during jail booking does not warrant reversal of defendants' convictions related to string of home invasion robberies. 		Criminal Law and Procedure Jan. 20, 2016
People v. Lozano
Juvenile murderer's sentence of life without possibility of parole reversed where sentencing court categorically excluded evidence of her post-conviction rehabilitation. 		Criminal Law and Procedure Jan. 19, 2016
People v. Valenti
Child molester's conviction for lewd and lascivious act against his teenage wife overturned because law did not exist at the time he committed offense, violating Ex Post Facto Clause. 		Criminal Law and Procedure Jan. 19, 2016
People v. Johnson
On remand, appellate court reaffirms ruling that requisite malice was found by jury to support second-degree murder convictions, though jury had received a slightly erroneous instruction as to being unanimous on the theory of killing at issue. 		Criminal Law and Procedure Jan. 19, 2016
In re Grand Jury Investigation (U.S. v. Doe Appellants and Corporations)
Order 		Criminal Law and Procedure Jan. 19, 2016
Fue v. Biter
Prisoner who 'sat on his hands' not entitled to equitable tolling of habeas petition filing even if state court never notified him of denial. 		Criminal Law and Procedure Jan. 19, 2016
U.S. v. Spangler
Trial court did not err in allowing testimony describing scheming investment advisor as a fiduciary. 		Criminal Law and Procedure Jan. 19, 2016
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