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Espinoza v. Shiomoto
SCOTUS decision in 'McNeely' does not grant drivers arrested on suspicion of driving under the influence right to demand blood test requiring warrant to determine BAC. 		Criminal Law and Procedure Mar. 27, 2017
In re Loza
Defendant unsuccessful in challenging special circumstance allegation, where sufficient evidence supports finding that murders were committed while defendant was engaged in attempted robbery. 		Criminal Law and Procedure Mar. 27, 2017
People v. Riddles
Award of restitution to insurer who collected low premium for workers compensation policy appropriate, as employer's misclassification of employees greatly reduced premium, causing economic loss. 		Criminal Law and Procedure Mar. 24, 2017
People v. Gonzales
Theft by false pretenses constitutes shoplifting under Penal Code Section 459.5, making grandson who stole grandmother's checks eligible for Prop. 47 relief. 		Criminal Law and Procedure Mar. 24, 2017
People v. Bunyard
Burglary conviction based on attempt to break into coin-operated soap dispenser at commercial laundromat eligible for resentencing as misdemeanor under new shoplifting statute. 		Criminal Law and Procedure Mar. 23, 2017
People v. Profitt
'Valentine/Sapp' rule precludes bifurcation of defendant's felony and misdemeanor DUI charges where misdemeanor counts include prior misdemeanor convictions as elements of the crime. 		Criminal Law and Procedure Mar. 22, 2017
People v. Antolin
After defendant's sentence for term in county jail pursuant to Realignment Act commenced, trial court lacked jurisdiction to modify sentence. 		Criminal Law and Procedure Mar. 22, 2017
Manuel v. City of Joliet
Fourth Amendment claim challenging detention improperly dismissed even though legal process had begun, where judge's probable cause determination was based on fabricated evidence. 		Criminal Law and Procedure Mar. 22, 2017
People v. Russell
Under totality of circumstances, juror's nonresponsiveness constitutes 'protest' to disclosure of identifying information under Code of Civil Procedure Section 237. 		Criminal Law and Procedure Mar. 21, 2017
People v. Angel
Defendant fails to establish ineffective assistance of counsel, where counsel reasonably relies on professional courtesy between his office and prosecution's office regarding subpoenas. 		Criminal Law and Procedure Mar. 21, 2017
People v. Chestra
Voluntary manslaughter was plainly inconsistent with defendant's trial testimony and provided no support for trial court to sua sponte issue lesser included offense instructions. 		Criminal Law and Procedure Mar. 21, 2017
People v. Brooks
Multiple claims of error unavailing, resulting in affirmed convictions and death sentence in first degree murder case. 		Criminal Law and Procedure Mar. 21, 2017
People v. Garcia
Probation condition mandated as part of sex offender management program, including waiver of privilege against self-incrimination and required participation in polygraph examinations, found constitutional. 		Criminal Law and Procedure Mar. 21, 2017
People v. Merritt
Failure to instruct on all elements of robbery not reversible error under 'Neder,' as attorneys addressed elements and defendant concede to fact that crime occurred. 		Criminal Law and Procedure Mar. 21, 2017
People v. Mejia
Sentence for husband who tortured, raped, and assaulted wife over three-month period must be modified pursuant to Penal Code Section 654. 		Criminal Law and Procedure Mar. 20, 2017
People v. Cuiriz
27 year to life sentence for defendant who shot at her father's attackers is 'cruel and unusual' in light of defendant's mental state and lighter sentence for first degree murder under California law. 		Criminal Law and Procedure Mar. 17, 2017
People v. Stapleton
Elderly thief with lengthy criminal history fails to challenge constitutionality of residency and Target stay-away probation conditions. 		Criminal Law and Procedure Mar. 17, 2017
People v. Call
Sentence enhancements overturned because they were based on prior felony theft convictions that had been redesignated as misdemeanors under Prop. 47 prior to defendant's sentencing. 		Criminal Law and Procedure Mar. 16, 2017
People v. Cuiriz
27 year to life sentence for defendant who shot at her father's attackers is 'cruel and unusual' in light of defendant's mental state and lighter sentence for first degree murder under California law. 		Criminal Law and Procedure Mar. 15, 2017
People v. Salas
Residential security expenses not recoverable as restitution where husband's conviction for bashing wife's head against floor did not constitute violent felony. 		Criminal Law and Procedure Mar. 15, 2017
U.S. v. Rodriguez
Drug trafficker's motion to suppress wiretap evidence properly denied although district judge erred in reviewing affidavits under wrong standard where wiretaps were necessary. 		Criminal Law and Procedure Mar. 15, 2017
U.S. v. Job
Failure to suppress unlawfully obtained evidence results in vacated conviction for possession with intent distribute methamphetamine. 		Criminal Law and Procedure Mar. 15, 2017
U.S. v. Perkins
Reckless omission of material information from search warrant application results in reversal of conviction of receipt of child pornography. 		Criminal Law and Procedure Mar. 14, 2017
U.S. v. Martinez
Judge's failure to consult defendant's counsel before responding to jury note violates defendant's statutory and constitutional rights, resulting in vacated sentence and remand. 		Criminal Law and Procedure Mar. 13, 2017
People v. Cook
Prior strike conviction for assault to commit rape does not automatically render petitioner ineligible for resentencing under Three Strikes Reform Act. 		Criminal Law and Procedure Mar. 13, 2017
People v. Reese
Denial of indigent criminal defendant's request for additional transcripts from prior trial does not warrant reversal where denial was only partial. 		Criminal Law and Procedure Mar. 10, 2017
People v. Villa-Gomez
Evidence regarding defendant's gang membership obtained during booking for immigration hold permissible under <EM>Innis</EM> in criminal case as information was obtained before criminal act. 		Criminal Law and Procedure Mar. 10, 2017
U.S. v. Pollard
Forfeiture is proper when conviction for aggravated identity theft is premised on a proven or admitted violation of predicate offense that is enumerated in civil forfeiture statute. 		Criminal Law and Procedure Mar. 9, 2017
People v. Garcia
Jury's gang enhancement true finding is supported by sufficient evidence, given substantial evidence that larger gang is comprised of two gang subsets. 		Criminal Law and Procedure Mar. 8, 2017
U.S. v. Sims
Special condition of supervised release which prohibits defendant from using synthetic forms of marijuana survives vagueness challenge. 		Criminal Law and Procedure Mar. 8, 2017
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