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Name Category Published
People v. Gerard
Board of Parole Hearing properly placed prisoner on 45-day hold to allow time for full 'mentally disordered offender' evaluation. 		Criminal Law and Procedure Dec. 23, 2015
Garcia v. Long
Grant of habeas relief affirmed where petitioner's confession played for jury despite his unambiguous and unequivocal invocation of 'Miranda.' 		Criminal Law and Procedure Dec. 22, 2015
People v. Santori
Restitution order in favor of City of Palmdale for graffiti abatement costs affirmed where it makes prima facie showing of loss at restitution hearing. 		Criminal Law and Procedure Dec. 21, 2015
People v. Burton
Trial court properly admitted defendant's prior convictions for intimate partner battery for impeachment purposes because convictions were crimes involving moral turpitude. 		Criminal Law and Procedure Dec. 21, 2015
People v. Superior Court (Sanchez-Flores)
Misdemeanant need not pay fines that misdemeanor charge otherwise called for before she may obtain relief contemplated under Deferral of Sentencing Pilot Program. 		Criminal Law and Procedure Dec. 18, 2015
People v. Goolsby
Lesser related arson of property offense can be retried where it was prosecuted in single proceeding along with arson of an 'inhabited structure or inhabited property.' 		Criminal Law and Procedure Dec. 18, 2015
People v. Burnes
Court errs in relying solely on inadmissible and unreliable probation report when determining defendant was armed and thus ineligible for Proposition 36 resentencing. 		Criminal Law and Procedure Dec. 16, 2015
People v. Wright
Failure to instruct on provocation and heat of passion was error, but does not warrant reversal of first degree murder conviction. 		Criminal Law and Procedure Dec. 16, 2015
White v. Wheeler
Kentucky defendant's death sentence reinstated after Sixth Circuit wrongly overturns his sentence after determining juror should not have been excused. 		Criminal Law and Procedure Dec. 15, 2015
People v. Jimenez
DUI-related convictions affirmed where substantial evidence establishes defendant was under influence of methamphetamine and implied malice, and blood test results not subject to exclusion. 		Criminal Law and Procedure Dec. 14, 2015
U.S. v. Ye
First paragraph of 18 U.S.C. Section 1542, prohibiting 'willfully and knowingly' making false statements on a passport application, does not require specific intent. 		Criminal Law and Procedure Dec. 11, 2015
People v. Stevens
In a commitment hearing under the Mentally Disordered Offender Act, People may not prove facts underlying commitment offense through mental health expert's opinion testimony. 		Criminal Law and Procedure Dec. 11, 2015
People v. King
Defendant's petition for resentencing under Proposition 47 is properly denied where his felony grand theft conviction was not a qualifying offense. 		Criminal Law and Procedure Dec. 11, 2015
People v. Tirey
Legislature's subsequent amendments to relevant Penal Code provisions make clear that child sex offender is ineligible to petition for certificate of rehabilitation. 		Criminal Law and Procedure Dec. 10, 2015
People v. Nilsson
Aggravated white collar crime enhancement improperly imposed where prosecutor failed to plead two felonies were related. 		Criminal Law and Procedure Dec. 10, 2015
People v. Dealba
Offender who repeatedly rammed into victim's vehicle commits spousal battery through indirect touching where victim was forced to take defensive maneuvers to avoid losing control of vehicle. 		Criminal Law and Procedure Dec. 9, 2015
People v. Johnson
Trial court must set hearing for defendant's motion for release of jurors' identifying information based on jury misconduct following erroneous appellate court ruling. 		Criminal Law and Procedure Dec. 9, 2015
Mays v. Clark
Admission of inculpatory statements that violated defendant's 'Miranda' rights does not warrant habeas relief where error was not prejudicial. 		Criminal Law and Procedure Dec. 9, 2015
People v. McGowan
Per Penal Code Section 991, arraigning court may dismiss individual charges from complaint, rather than all or none. 		Criminal Law and Procedure Dec. 9, 2015
U.S. v. James Lloyd
Head of Florida arm of unregistered security selling operation may not be made to pay restitution for harm caused by Los Angeles arm of group, absent greater evidence of concerted action. 		Criminal Law and Procedure Dec. 8, 2015
People v. Tran
Postplea probation report may be considered when ruling on Cal. Penal Code Section 17(b) motion seeking to reduce felony to misdemeanor. 		Criminal Law and Procedure Dec. 8, 2015
People v. Lexington National Insurance Co.
Surety entitled to vacate forfeiture of original bond after trial court unilaterally decided to increase criminal defendant's bail. 		Criminal Law and Procedure Dec. 8, 2015
In re J.L.
Minor's burglary of cell phone out of school locker in violation of Cal. Penal Code Section 459 not eligible for Proposition 47 reclassification as shoplifting. 		Criminal Law and Procedure Dec. 8, 2015
U.S. v. Gilbert
Federal prisoner's sentence amounts to final judgment that triggers limitations period for collateral attack although restitution was left unspecified. 		Criminal Law and Procedure Dec. 8, 2015
People v. United States Fire Insurance Co.
Court erroneously calculates exoneration period by measuring extension from end of initial 185-day exoneration period instead of date of order granting extension motion. 		Criminal Law and Procedure Dec. 7, 2015
People v. Romanowski
Proposition 47 reduces theft of access card information under Cal. Penal Code Section 484e(d) to a misdemeanor, provided stolen property is valued less than $950. 		Criminal Law and Procedure Dec. 7, 2015
People v. Gaines
Probation conditions forbidding 'dangerous drugs' and visits to stores where 'alcohol is the chief item of sale' are unconstitutionally vague. 		Criminal Law and Procedure Dec. 7, 2015
People v. Denard
Burglar entitled to reduced sentence after trial court erroneously found Florida convictions constituted as strikes under California's Three Strikes law. 		Criminal Law and Procedure Dec. 7, 2015
People v. Cage
In automatic appeal from judgment of death following first degree murder convictions, defendant's claims are rejected and judgment affirmed in its entirety. 		Criminal Law and Procedure Dec. 4, 2015
Harris v. Superior Court (People)
People may reinstate original robbery charge and related allegations following change in law that undermined fundamental assumption of plea bargain. 		Criminal Law and Procedure Dec. 3, 2015
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