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Name Category Published
Nasby v. McDaniel
Failure of habeas court to obtain or review record of state court proceedings requires remand so that court may conduct proper independent review. 		Criminal Law and Procedure Apr. 11, 2017
People v. Tovar
Substantial evidence supports gang enhancement, where defendant conspired to commit murder to benefit gang subset and not just larger umbrella gang. 		Criminal Law and Procedure Apr. 11, 2017
People v. Sloat
Petition to designate felony petty theft conviction to misdemeanor improperly denied due to trial court's erroneous application of misdemeanor shoplifting statute. 		Criminal Law and Procedure Apr. 11, 2017
People v. Martinez
Failure to instruct jury on 'scienter' requirement for commodities fraud conviction is harmless where court addressed requirement to find 'willful' misrepresentations to investors. 		Criminal Law and Procedure Apr. 10, 2017
U.S. v. Arriaga-Pinon
Sentence enhancement based on prior California theft conviction overturned where record of conviction does not establish offender was convicted of aggravated felony theft offense. 		Criminal Law and Procedure Apr. 10, 2017
People v. Truong
Banker cannot be convicted of both fraudulent possession of access card information and receiving stolen property based on possession of her neighbors' credit cards. 		Criminal Law and Procedure Apr. 7, 2017
People v. Parrott
Trial court's acceptance of vague invocation of right to self-representation is harmless error, as defendant's counsel only absent at sentencing hearing, deemed a formality. 		Criminal Law and Procedure Apr. 6, 2017
People v. Scott
Exclusion of defendant's family during portion of trial violated his constitutional right to public trial, resulting in reversal of convictions on affected counts. 		Criminal Law and Procedure Apr. 6, 2017
U.S. v. Gasca-Ruiz
District court's application of Sentencing Guidelines to facts of a case are generally reviewed for abuse of discretion, resolving intra-circuit conflict over proper standard of review. 		Criminal Law and Procedure Apr. 6, 2017
People v. Bryant
Electronics search condition stricken from offender's term of mandatory supervision where it has no relation to crime of conviction, possessing concealed weapon in vehicle. 		Criminal Law and Procedure Apr. 5, 2017
People v. Rascon
Person sentenced prior to enactment of Proposition 64 for possession of marijuana for sale whose judgment is not yet final is not automatically entitled to reduction of punishment. 		Criminal Law and Procedure Apr. 5, 2017
Young v. City of Coronado
City of Coronado's historical resource designation of old Spanish Bungalow style cottage upheld, preventing owner from demolishing property. 		Criminal Law and Procedure Apr. 5, 2017
People v. Billie
Restraints put on defendant representing himself are not abuse of discretion, as care taken to shield encumbrance from jurors shows court used least intrusive means possible to keep courtroom safe. 		Criminal Law and Procedure Apr. 5, 2017
U.S. v. Blackwell
Amended statute, extending time period over which government can collect fines and restitution from criminal defendants, properly applied in denying defendant's motion. 		Criminal Law and Procedure Apr. 4, 2017
Dean v. U.S.
Courts may deviate from sentencing guidelines for certain convictions when defendant has also been convicted of certain offenses carrying hefty mandatory minimums. 		Criminal Law and Procedure Apr. 4, 2017
People v. Financial Casualty & Surety Inc.
Surety unsuccessful in overturning denial of motion to vacate forfeiture of bond, where prosecuting agency is allowed to require photograph or fingerprints under vacatur statute. 		Criminal Law and Procedure Apr. 4, 2017
People v. Smith
Girlfriend's statement admitting she was the driver in boyfriend's DUI case is inadmissible as declaration against penal interest because of obvious signs of unreliability. 		Criminal Law and Procedure Apr. 3, 2017
People v. Winbush
Defendant's false belief that confession would result in death penalty leniency does not render confession coerced and inadmissible as evidence. 		Criminal Law and Procedure Apr. 3, 2017
Cliven Bundy v. USDC-NVL (United States)
Failure to dismiss case against Cliven Bundy due to alleged issues with possible government witness not sufficient grounds to force district court to grant 'pro hac vice' status to attorney. 		Criminal Law and Procedure Apr. 3, 2017
People v. Mendoza
Defendant, a minor tried as an adult, unsuccessful in obtaining relief where Proposition 57 does not apply retroactively. 		Criminal Law and Procedure Apr. 3, 2017
People v. Gandy
Defendant barred from attacking prior Oregon plea-based convictions, as Oregon statute enshrining SCOTUS decision in 'Boykin' not as stringent as California interpretation of decision. 		Criminal Law and Procedure Mar. 31, 2017
People v. Vandiver
Petition seeking redesignation of receiving stolen property conviction from felony to misdemeanor properly granted under Proposition 47, where blank checks do not exceed $950 in value. 		Criminal Law and Procedure Mar. 31, 2017
Melcher v. Superior Court (People)
Motion to recuse entire district attorney's office properly denied where county district attorney's relationship with alleged crime victim did not jeopardize fairness of trial. 		Criminal Law and Procedure Mar. 30, 2017
People v. Hernandez
Indeterminate life sentence for third strike robbery conviction not disqualifying prior offense for Proposition 47 resentencing, as life sentence is not statutory punishment for robbery. 		Criminal Law and Procedure Mar. 30, 2017
U.S. v. Plascencia-Orozco
Court does not abuse discretion in ruling defendant breached terms of plea agreement, resulting in affirmed convictions for aggravated identity theft and attempted illegal reentry. 		Criminal Law and Procedure Mar. 30, 2017
Moore v. Texas
Texas Court of Criminal Appeals' reliance on its flawed 'Briseno' decision, results in erroneous denial of habeas relief to intellectually disabled capital defendant. 		Criminal Law and Procedure Mar. 29, 2017
People v. Patterson
Receipt of statutory advisement regarding possible adverse immigration consequences of criminal conviction does not categorically bar defendant from seeking to withdraw plea. 		Criminal Law and Procedure Mar. 28, 2017
People v. Romanowski
Theft of access card information is one of the crimes eligible for reduced punishment under Proposition 47. 		Criminal Law and Procedure Mar. 28, 2017
People v. Van Orden
Depending on type of violation, unlawful taking or driving of vehicle (Vehicle Code Section 10851) may qualify as petty theft under Prop. 47. 		Criminal Law and Procedure Mar. 27, 2017
Bonome v. City of Riverside
Retired police officer seeking endorsement to carry concealed weapon prevails, where statute clearly does not exclude him from definition of 'honorably retired' officer. 		Criminal Law and Procedure Mar. 27, 2017
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