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People v. Walker
Drunk driver must pay restitution to all named and unnamed victims in eight-car accident that was treated as single incident.
Criminal Law and Procedure Dec. 15, 2014
People v. Superior Court (Ward)
Trial court erroneously finds that offender’s flash incarcerations did not constitute custodial sanctions for purposes of his eligibility for early release from supervision.
Criminal Law and Procedure Dec. 15, 2014
Packer v. Superior Court (People)
Trial court errs in failing to hold evidentiary hearing on recusal motion to resolve dispute related to defendant’s relationship with prosecutor’s children, warranting reversal.
Criminal Law and Procedure Dec. 12, 2014
People v. Hernandez
Juvenile offender’s sentence of 61 years to life constitutes cruel and unusual punishment despite new law allowing him to seek parole within his lifetime.
Criminal Law and Procedure Dec. 12, 2014
U.S. v. Camou
Warrantless search of arrestee’s cell phone is unconstitutional because it occurred more than one hour after arrest and intervening acts made search unreasonable.
Criminal Law and Procedure Dec. 12, 2014
People v. Sanchez
Juvenile offender’s life sentence without parole is overturned in light of recent U.S. and California Supreme Court decisions requiring consideration of ‘attributes of youth’ during sentencing.
Criminal Law and Procedure Dec. 12, 2014
People v. Gonzalez
Gang member who flashed gang signs, gun fingers, and throat slashing gestures at off-duty officers may be prosecuted for criminal threats.
Criminal Law and Procedure Dec. 11, 2014
Maas v. Superior Court (People)
Habeas corpus petitioner has absolute right to peremptory challenge judge assigned to his case, whom petitioner claimed was biased against him.
Criminal Law and Procedure Dec. 11, 2014
People v. Rahbari
Businessman may escape paying entire $100,300 in restitution where trial court imposed split sentence on his conviction for passing checks with insufficient funds.
Criminal Law and Procedure Dec. 11, 2014
People v. Murillo
Mistrial in murder case must be granted when witness refused to answer over 100 leading questions by prosecutor about his out-of-court statements identifying shooter.
Criminal Law and Procedure Dec. 9, 2014
People v. Lavender
Juror misconduct in discussing defendants’ decisions not to testify is not categorically prejudicial so as to require automatic reversal or new trial.
Criminal Law and Procedure Dec. 8, 2014
People v. Robinson
Wife who poured scalding water over husband overturns simple mayhem conviction because offense was lesser included offense of her aggravated mayhem conviction.
Criminal Law and Procedure Dec. 8, 2014
People v. Oehmigen
Inmate is not entitled to resentencing hearing involving petition to recall sentence because his record of conviction clearly demonstrate his ineligibility for requested relief.
Criminal Law and Procedure Dec. 7, 2014
People v. Centeno
Prosecutor's visual aid and poorly worded closing statements regarding reasonable doubt burden of proof constitute misconduct because they misstated law.
Criminal Law and Procedure Dec. 4, 2014
People v. Kirvin
Trial court may deny criminal defendant’s right to self-representation based on his repeated absences and refusal to meet with court-appointed experts.
Criminal Law and Procedure Dec. 4, 2014
In re Butler
Trial court improperly overturns Governor’s decision to veto prisoner’s release because some evidence supported Governor’s finding that prisoner was still dangerous.
Criminal Law and Procedure Dec. 4, 2014
People v. Kunes
Escapee may not withdraw plea based on ignorance of necessity defense where he, his attorney, and prosecutor were well aware of facts surrounding defense.
Criminal Law and Procedure Dec. 3, 2014
People v. Buza
California’s DNA Act, which required DNA samples from felony arrestees immediately following arrest, violates California Constitution.
Criminal Law and Procedure Dec. 3, 2014
People v. Chaney
Offender cannot take advantage of new resentencing law redefining ‘unreasonable risk to public safety’ because definition does not apply retroactively.
Criminal Law and Procedure Dec. 2, 2014
People v. Bolian
Trial court improperly revokes defendant’s probation where record demonstrates that court was unaware it had discretionary power to reinstate and modify probation.
Criminal Law and Procedure Dec. 2, 2014
People v. Parker
Trial court may revoke defendant’s outpatient status although revocation was made prior to defendant’s placement in outpatient program.
Criminal Law and Procedure Dec. 2, 2014
People v. Jones
Warrantless blood draw does not violate drunk driving suspect’s Fourth Amendment rights because he was under active probation supervision, which included search and seizure condition.
Criminal Law and Procedure Nov. 30, 2014
People v. Miller
Trial court properly excludes murder suspect’s case specific hearsay statements included in psychologist’s report, which suspect’s expert relied upon in forming opinions.
Criminal Law and Procedure Nov. 30, 2014
People v. Walker
Drunk driver must pay restitution to all named and unnamed victims in eight-car accident that was treated as single incident.
Criminal Law and Procedure Nov. 27, 2014
People v. $2,709 United States Currency
California’s civil forfeiture law requiring simultaneous trial is inapplicable in case involving less than $25,000 in cash and where defendant enters plea to criminal charges.
Criminal Law and Procedure Nov. 27, 2014
U.S. v. Gavilanes-Ocaranza
Supervised release revocation proceeding that takes place four years after defendant’s original criminal prosecution does not violate defendant's right to speedy trial.
Criminal Law and Procedure Nov. 25, 2014
People v. Phoenix
Sentencing court pronouncing aggregate term and imposing combined sentence must determine presentence custody credits even if previous case is from different county.
Criminal Law and Procedure Nov. 24, 2014
People v. Moreno
Denial of ex-felon’s petition for certificate of rehabilitation does not violate equal protection because he became ineligible once his felonies were reduced to misdemeanors.
Criminal Law and Procedure Nov. 24, 2014
Gant v. County of Los Angeles
District court improperly dismisses detainee’s due process claim against Los Angeles County where genuine issue over alleged mistaken identity remained.
Criminal Law and Procedure Nov. 24, 2014
U.S. v. Brooks
Supervisor’s out-of-court statement violates drug offender’s confrontation rights because supervisor was not unavailable and offender did not have opportunity for cross-examination.
Criminal Law and Procedure Nov. 24, 2014