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Name Category Published
U.S. v. Medina-Carrasco
Appeal dismissed where defendant is sentenced according to plea agreement and his waiver of appellate rights is valid and enforceable. 		Criminal Law and Procedure Dec. 3, 2015
People v. Amaya
A defendant's petition for resentencing under Proposition 47 may be made orally. 		Criminal Law and Procedure Dec. 3, 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. 2, 2015
People v. Williams
Offender's inability to control dangerous behavior caused by personality disorder supports trial court's decision to extend his commitment at state mental health facility. 		Criminal Law and Procedure Dec. 2, 2015
People v. Esparza
Defendant succeeds in reversing denial of Proposition 36 petition where court errs in placing burden of proof upon defendant regarding his dangerousness. 		Criminal Law and Procedure Nov. 30, 2015
People v. Gonzalez
Payment of civil penalty to federal agency does not entitle defendant to dismissal of criminal charge on double jeopardy ground. 		Criminal Law and Procedure Nov. 27, 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 Nov. 27, 2015
People v. Peacock
Court errs in reclassifying defendant's felony offense of receiving stolen property to a misdemeanor under Proposition 47. 		Criminal Law and Procedure Nov. 27, 2015
People v. Lynn
Pursuant to 'People v. Johnson' court must determine defendant's eligibility for recall and resentencing of attempted grand theft conviction under Three Strikes Reform Act. 		Criminal Law and Procedure Nov. 25, 2015
People v. Cuen
Defendant not eligible for resentencing for theft of access card information because such offense is not subject to recall and resentencing under Proposition 47. 		Criminal Law and Procedure Nov. 25, 2015
U.S. v. Bare
Computer search condition properly imposed where nexus exists between offender's potential computer use conducting illicit firearms pawn business and need for deterrence. 		Criminal Law and Procedure Nov. 25, 2015
People v. Acosta
Attempted burglary of a vehicle is not one of the offenses reduced to a misdemeanor under Proposition 47. 		Criminal Law and Procedure Nov. 24, 2015
In re Amanda A.
Where probation violator stated intent to disobey future (though imminent) order of probation officer, such action does not constitute resisting or obstructing a peace officer under PC Section 148(a)(1). 		Criminal Law and Procedure Nov. 24, 2015
U.S. v. Pedrin
Order 		Criminal Law and Procedure Nov. 24, 2015
Shelton v. Marshall
Order 		Criminal Law and Procedure Nov. 24, 2015
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 Nov. 23, 2015
U.S. v. Dixon
Cal. Penal Code Section 211 criminalizes conduct not included in Armed Career Criminal Act definition of 'violent felony;' cannot serve as predicate 'violent felony' for mandatory minimum sentencing scheme of ACCA. 		Criminal Law and Procedure Nov. 23, 2015
King v. State
Lack of substantial evidence requires reversal of Bane Act claim against CHP officer; unreasonable detention and search claim affirmed. 		Criminal Law and Procedure Nov. 20, 2015
In re Martinez
Warden cannot validate prisoner as Mexican Mafia associate for participating in protest absent any 'direct link' between prisoner and gang affiliate who allegedly ordered the protest. 		Criminal Law and Procedure Nov. 20, 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 Nov. 20, 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 Nov. 19, 2015
People v. Lee
Man who assaulted panhandler fails to overturn conviction with 'fruit of poisonous tree' argument, where challenged search warrant underlying assertion was erroneously quashed. 		Criminal Law and Procedure Nov. 17, 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 Nov. 17, 2015
People v. Morris
Where former statute allowed for excess custody credits to apply to restitution fines at time of defendant's offense, said provision applies, though subsequent amendment proscribes such application. 		Criminal Law and Procedure Nov. 16, 2015
Jones v. Davis
Claim that excessive delay in imposing death penalty violates Eighth Amendment is barred because it asks court to apply novel constitutional issue. 		Criminal Law and Procedure Nov. 13, 2015
People v. Nilsson
Aggravated white collar crime enhancement improperly imposed where prosecutor failed to plead two felonies were related. 		Criminal Law and Procedure Nov. 13, 2015
People v. Gonzales
Grandson ineligible to reclassify felony conviction to misdemeanor shoplifting where his theft of grandmother's checks does not meet 'nonconsensual taking' element of larceny. 		Criminal Law and Procedure Nov. 13, 2015
People v. Villasenor
Continuing interrogation after defendant invokes right to remain silent violates 'Miranda,' but overwhelming evidence of guilt renders error harmless. 		Criminal Law and Procedure Nov. 13, 2015
People v. Garness
Receiving a stolen motor vehicle in violation of Cal. Penal Code Section 496d is not among offenses reduced to a misdemeanor by Proposition 47. 		Criminal Law and Procedure Nov. 10, 2015
Zapien v. Martel
California state prisoner fails to challenge destruction of audio tape recording of defense's strategy on due process grounds. 		Criminal Law and Procedure Nov. 10, 2015
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