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Name Category Published
People v. Hoffman
Teen who forged parents' checks to support heroin addiction must be resentenced under Proposition 47, although total value of stolen checks exceeded $950 threshold. 		Criminal Law and Procedure Nov. 9, 2015
People v. Buycks
Proposition 47 applies to on-bail enhancements (where defendant commits felony while on bail for earlier felony); where primary offense is reduced to a misdemeanor, on-bail enhancement cannot be applied. 		Criminal Law and Procedure Nov. 9, 2015
People v. Farwell
Reversal not justified where entire record reveals defendant knowingly and voluntarily entered into stipulation although advisement of his constitutional rights was not contemporaneous with stipulation. 		Criminal Law and Procedure Nov. 9, 2015
People v. Waters
Trial court lacks jurisdiction to order restitution two years after defendant's successful completion of probation. 		Criminal Law and Procedure Nov. 9, 2015
U.S. v. Dreyer
NCIS violates prohibition on use of military in civilian law enforcement, but suppression not needed where facts do not demonstrate suppression necessary for deterrence. 		Criminal Law and Procedure Nov. 5, 2015
U.S. v. Galan
In calculating restitution in child pornography case, losses attributable to actions of original abuser should be separated from those caused by defendant. 		Criminal Law and Procedure Nov. 5, 2015
U.S. v. Kowalczyk
Person whose competence is in question has non-waivable right to counsel, a role 'masterfully fulfilled' by appointed amicus. 		Criminal Law and Procedure Nov. 5, 2015
People v. Bell
Any plea of once in jeopardy that presents a question of material fact must be resolved by a jury unless jury trial is waived. 		Criminal Law and Procedure Nov. 4, 2015
Wilkinson v. Gingrich
State court unreasonably applies rule of collateral estoppel when it upholds perjury conviction after defendant's acquittal in traffic court. 		Criminal Law and Procedure Nov. 4, 2015
People v. Dokins
Failure to consider 'Miller v. Alabama' factors before imposing 90 year sentence on juvenile homicide offender results in reversal in sentence and remand. 		Criminal Law and Procedure Nov. 3, 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. 3, 2015
People v. Woods
Sex offender who continually abused, impregnated teenager may possibly receive reduced sentence for child sex abuse convictions due to instructional error. 		Criminal Law and Procedure Nov. 3, 2015
People v. DeLeon
Superior courts are not required to conduct preliminary probable cause hearings before revoking parole where timely, single hearing procedure suffices. 		Criminal Law and Procedure Oct. 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 Oct. 30, 2015
Donorovich-Odonnell v. Harris
Plaintiffs unsuccessful in challenge to law that could be used to prosecute physicians who provide aid-in-dying to terminally ill persons. 		Criminal Law and Procedure Oct. 30, 2015
People v. Leeds
Murder conviction is reversed and remanded for new sanity trial where court erroneously instructs jury on self-defense by applying objective rather than subjective standard. 		Criminal Law and Procedure Oct. 29, 2015
People v. Bridgeford
Court's failure to apply 'Maryland v. Shatzer' and ensuing prejudice requires reversal of first degree murder convictions. 		Criminal Law and Procedure Oct. 29, 2015
U.S. v. Myers
Judiciary's participation in plea negotiations, although improper, does not warrant reversal of criminal judgment where error was not prejudicial. 		Criminal Law and Procedure Oct. 29, 2015
People v. Etheridge
Man who stole steak in 1996 was not unlawfully imprisoned and, thus, was not entitled to finding of factual innocence under Penal Code Section 1485.55(b). 		Criminal Law and Procedure Oct. 28, 2015
People v. Waters
Trial court lacks jurisdiction to order restitution two years after defendant's successful completion of probation. 		Criminal Law and Procedure Oct. 28, 2015
People v. White
Specific intent not required for assault on peace officer where appellant throws metal showerhead at reinforced glass with sufficient force to shatter glass and hit officers. 		Criminal Law and Procedure Oct. 28, 2015
People v. Mendoza
Trial court's neglect deprived it of jurisdiction to sentence probationer with respect to probation offense. 		Criminal Law and Procedure Oct. 27, 2015
People v. Cordova
Rejecting defendant's multiple claims, imposition of death sentence affirmed on automatic appeal. 		Criminal Law and Procedure Oct. 27, 2015
Crittenden v. Chappell
Prosecutor's exclusion of sole African-American was motivated in substantial part by prospective juror's race, warranting habeas corpus relief. 		Criminal Law and Procedure Oct. 27, 2015
People v. Page
Where 'wobbler' language remains in penal code section after passage of Prop 47, trial court does not err in denying resentencing petition. 		Criminal Law and Procedure Oct. 26, 2015
U.S. v. Ochoa
Sentence is not final when there is no formal break in the proceedings and court does not lack jurisdiction to revise sentence upwards during hearing. 		Criminal Law and Procedure Oct. 23, 2015
U.S. v. Eyraud
Restitution award properly covers additional attorney fees incurred by company in investigating extent of worker's embezzlement. 		Criminal Law and Procedure Oct. 23, 2015
U.S. v. Conti
'United States v. Caldwell' overruled to the extent it conflicts with 'Neder v. United States;' jury instruction error is not structural error warranting automatic reversal. 		Criminal Law and Procedure Oct. 22, 2015
People v. Woods
Sex offender who abused impregnated teenager daily may possibly escape some child sex abuse convictions due to instructional error. 		Criminal Law and Procedure Oct. 21, 2015
U.S. v. Mahon
Scottsdale's Diversity Office has sufficient nexus to interstate commerce to support defendant's conviction involving pipe bomb explosion. 		Criminal Law and Procedure Oct. 21, 2015
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