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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 Oct. 21, 2015
People v. Douglas
Detention justified based on officer's objectively reasonable conclusion that defendant was on post-risk community supervision probation and therefore subject to detention and search.
Criminal Law and Procedure Oct. 20, 2015
People v. Grayson
Defendant not eligible for reduction of sentence under Prop. 47-enacted Penal Code Section 490.2 because his crimes fall outside the scope of that section.
Criminal Law and Procedure Oct. 20, 2015
People v. Edwards
Trial errors related most directly to gang allegations do not warrant reversal where jury deadlocked on gang allegations, resulting in no prejudice to defendant.
Criminal Law and Procedure Oct. 19, 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 Oct. 19, 2015
People v. Rivas-Colon
Shoplifter ineligible for resentencing on his second degree burglary conviction where value of stolen property exceeded $950 statutory threshold.
Criminal Law and Procedure Oct. 19, 2015
U.S. v. Mobley
Man fails to overturn convictions stemming from gun deal with informant and undercover ATF agent gone wrong.
Criminal Law and Procedure Oct. 16, 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 Oct. 16, 2015
People v. Romero and Self
Uncorroborated accomplice testimony warrants reversal of robbery conviction, but penalty judgment unaffected given nature of additional crimes.
Criminal Law and Procedure Oct. 16, 2015
People v. Linn
Defendant was unlawfully detained prior to police obtaining evidence of driving under the influence, requiring suppression of evidence.
Criminal Law and Procedure Oct. 12, 2015
People v. Marin
True finding on strike allegation reversed and defendant entitled to jury trial on whether his prior vehicular manslaughter conviction qualifies as a strike.
Criminal Law and Procedure Oct. 9, 2015
People v. Wolfgang
Sheriff's deputy's search of defendant's bedroom is not unreasonable although deputy acted on misinformation that defendant was on probation normally subject to search condition.
Criminal Law and Procedure Oct. 7, 2015
People v. Garcia
Improper imposition of three year enhancement requires stay; reduced 23-year sentence not cruel and unusual where defendant has chance for release within his lifetime.
Criminal Law and Procedure Oct. 7, 2015
People v. Nettles
Inmate not entitled to resentencing under Proposition 36 because he had disqualifying strikes for assault with intent to commit rape, a 'sexually violent offense.'
Criminal Law and Procedure Oct. 6, 2015
Maryland v. Kulbicki
Counsel's alleged failure to poke holes at then-uncontroversial ballistics evidence does not warrant reversal 11 years later when such evidence fell out of favor.
Criminal Law and Procedure Oct. 6, 2015
People v. Perez
Teenager avoids One Strike sentence to one of many crimes he was found guilty of in connection with kidnapping and sexual assault of victim.
Criminal Law and Procedure Oct. 5, 2015
People v. Poletti
Judgment affirmed where it is not reasonably probable defendant would prevail absent failure to disclose to jury his acquittal on uncharged rapes.
Criminal Law and Procedure Oct. 5, 2015
Raef v. Superior Court (People)
Papparazo cannot escape enhanced punishment for committing reckless driving and other traffic offenses with intent to capture Justin Beiber's image and others for commercial purposes.
Criminal Law and Procedure Oct. 2, 2015
People v. Riley
Insufficient evidence casino's CFO was employed by casino on two of the alleged dates requires reversal of commercial bribery convictions as to those counts.
Criminal Law and Procedure Oct. 2, 2015
People v. Armogeda
Courts must apply excess custody credits to adjusted sentences for eligible reclassified felony convictions under Proposition 47.
Criminal Law and Procedure Oct. 2, 2015
People v. Isom
Even where reimbursement policy allows retail store to recover losses caused by defendant's scheme of returning discounted items for full refunds, defendant still may be guilty of burglary.
Criminal Law and Procedure Oct. 2, 2015
People v. Lopez
Repetitive and strange romantic pursuits represent credible threat to support stalking conviction, though communications lacked any 'overt threats.'
Criminal Law and Procedure Oct. 2, 2015
People v. Toussain
Classification as a high risk sex offender remains controlling and requires parole supervision even where the individual reoffends and is released from prison after a new offense.
Criminal Law and Procedure Oct. 1, 2015
People v. Martinez
Where sentence is imposed but suspended as part of probation, trial court may not alter sentence when probation is revoked.
Criminal Law and Procedure Oct. 1, 2015
Conservatorship of Christopher B.
'Murphy conservatorship' cannot be imposed when there is insufficient evidence of a pending indictment in underlying criminal proceedings.
Criminal Law and Procedure Sep. 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 Sep. 30, 2015
People v. Douglas
Detention justified based on officer's objectively reasonable conclusion that defendant was on post-risk community supervision probation and therefore subject to detention and search.
Criminal Law and Procedure Sep. 30, 2015
Hinojosa v. Davey
The 2010 amendment of California Penal Code Section 2933.6 violates the Ex Post Facto Clause as applied to prisoners who committed their underlying criminal offense prior to the amendment's enactment.
Criminal Law and Procedure Sep. 30, 2015
People v. Romeo
Advance knowledge of probation search conditions must be possessed by officers before they effect a warrantless search of probationers' residence.
Criminal Law and Procedure Sep. 30, 2015
People v. Scarbrough
California Penal Code Section 1170.18 does not grant trial court concurrent jurisdiction to resentence defendant while appeal is pending.
Criminal Law and Procedure Sep. 30, 2015