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Name Category Published
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 Feb. 16, 2017
People v. Presley
Mentally disordered offender forfeits right to jury trial on discharge from outpatient program by being absent from trial court hearing on matter. 		Criminal Law and Procedure Feb. 15, 2017
People v. Price
Co-defendants' plea deals for voluntary manslaughter not legally inconsistent with defendant's conviction of murder, as manslaughter is lesser included offense. 		Criminal Law and Procedure Feb. 13, 2017
People v. Watson
Sentence of life without possibility of parole imposed on juvenile homicide offender following resentencing hearing upheld, where defendant's constitutional challenges lack merit. 		Criminal Law and Procedure Feb. 13, 2017
In re Miles
Defendant obtains habeas relief after spending 19 years in prison pursuant to recently amended Penal Code Section 1473 though he would not have qualified under previous standard. 		Criminal Law and Procedure Feb. 13, 2017
People v. Lowery
Amount written on forged check does not necessarily determine 'value' for purposes of misdemeanor classification under Penal Code Section 473. 		Criminal Law and Procedure Feb. 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 Feb. 10, 2017
People v. Bush
Self-represented defendant unsuccessful in challenging convictions, where he knowingly and intelligently waived his right to counsel. 		Criminal Law and Procedure Feb. 10, 2017
People v. Nichols
Victim's parents' request for restitution not subject to doctrine of comparative negligence in case in which victim's excessive speeding was 'substantial factor' in his death at hands of drunk driver. 		Criminal Law and Procedure Feb. 10, 2017
People v. Hall
Explicit knowledge requirement not constitutionally mandated for probation conditions that bar defendants from possessing firearms or illicit drugs because knowing possession is implicit. 		Criminal Law and Procedure Feb. 10, 2017
People v. Martinez
Statute requiring restitution for victims of Penal Code Section 288 includes victims of Section 288.5, as bar on Section 288.5 victims would be 'absurd.' 		Criminal Law and Procedure Feb. 9, 2017
U.S. v. Peralta-Sanchez
Due process does not require alien be offered opportunity to secure counsel in context of expedited removal proceeding under 8 U.S.C. section 1225. 		Criminal Law and Procedure Feb. 8, 2017
U.S. v. Loucious
Suppression motion erroneously granted where officer's 'Miranda' warnings, though not verbatim, reasonably conveyed suspect's right to an attorney prior to custodial questioning. 		Criminal Law and Procedure Feb. 8, 2017
People v. Frutoz
Defendant convicted of possession of firearm by a felon is not entitled to resentencing, where finding he was armed with firearm during commission of offense is disqualifying. 		Criminal Law and Procedure Feb. 7, 2017
People v. Johnson
Proposition 47 does not apply retroactively to allow for resentencing in cases in which enhancements were added for previous felony convictions later designated as misdemeanors. 		Criminal Law and Procedure Feb. 3, 2017
People v. Lamb
Great bodily injury enhancement attached to conviction for felony assault is not barred by Penal Code section 12022.7(g). 		Criminal Law and Procedure Feb. 3, 2017
U.S. v. Niebla-Torres
Defendant unsuccessful in challenging conspiracy conviction based on argument that government did not introduce sufficient evidence to corroborate his confession under corpus delicti doctrine. 		Criminal Law and Procedure Feb. 1, 2017
People v. Bichara
Failure to object to confession obtained after defendant told detectives he 'refused to talk' to them constitutes ineffective assistance of counsel, requiring reversal of murder conviction. 		Criminal Law and Procedure Jan. 31, 2017
McGinnis v. Superior Court (People)
Motion for post-conviction discovery may not be denied solely due to habeas petitioner's inability to pay for copies of materials in advance. 		Criminal Law and Procedure Jan. 30, 2017
U.S. v. Laursen
Selfies taken by 45-year-old man and teenage girl sufficient to support man's child pornography convictions despite legality of their sexual relationship under Washington law. 		Criminal Law and Procedure Jan. 30, 2017
People v. Brown
Second degree commercial burglary conviction involving intent to fill forged prescription does not fall within new shoplifting misdemeanor offense under Proposition 47. 		Criminal Law and Procedure Jan. 29, 2017
Hardy v. Chappell
Convicted murderer entitled to habeas relief where, despite finding counsel's performance deficient, state court nevertheless upheld his guilty verdict under an alternate theory. 		Criminal Law and Procedure Jan. 29, 2017
In re Mallard
Fifteen percent limit on conduct credits under Penal Code section 2933.1 applies to defendant's sentence after his felony conviction reclassified as misdemeanor under Proposition 47. 		Criminal Law and Procedure Jan. 29, 2017
People v. Garrett
Remand ordered for limited purpose of determining whether defendants had adequate opportunity to make record of mitigating evidence relevant to future youth offender parole hearing. 		Criminal Law and Procedure Jan. 29, 2017
People v. Forrest
First degree murder conviction upheld for husband who killed wife with single gunshot wound to head and proceeded to gut her like an animal. 		Criminal Law and Procedure Jan. 26, 2017
People v. Sledge
Proposition 47 petition seeking recall and resentencing properly denied, where defendant's felony juvenile adjudication for forcible rape is a disqualifying prior conviction. 		Criminal Law and Procedure Jan. 26, 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 Jan. 26, 2017
Hudson v. Superior Court (People)
Failure to timely pay taxes for three consecutive years in which substantial taxes were owed is sufficient to show defendant's intent to evade paying taxes. 		Criminal Law and Procedure Jan. 26, 2017
People v. Garcia
Section 3501's guarantee of parole opportunity at 25 years, among other factors, renders 32-year sentence of juvenile attempted murder defendant constitutional. 		Criminal Law and Procedure Jan. 24, 2017
People v. Garrett
Remand ordered for limited purpose of determining whether defendants had adequate opportunity to make record of mitigating evidence relevant to future youth offender parole hearing. 		Criminal Law and Procedure Jan. 23, 2017
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