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People v. Jones
Exercise of peremptory challenges on African American prospective jurors for lack of life experience and former participation in hung jury does not show bias on part of prosecutor.
Criminal Law and Procedure Jan. 22, 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 Jan. 22, 2017
People v. Williams
Forced movement of victims to different rooms in store during robbery does not support conviction of kidnapping to commit robbery.
Criminal Law and Procedure Jan. 19, 2017
People v. White
Penal Code Section 261 establishes separate offenses for types of rape, supporting convictions for rape of an unconscious person and rape of an intoxicated person for single sexual encounter.
Criminal Law and Procedure Jan. 19, 2017
United States v. Joey
Courts may impose upward offense level for repeat sex offenders when defendant is also convicted for committing felony offense while registered as a sex offender.
Criminal Law and Procedure Jan. 19, 2017
People v. Superior Court (Lara)
Under Proposition 57, requiring juvenile court to determine whether defendant will go to trial in adult or juvenile court is not retroactive application of new law.
Criminal Law and Procedure Jan. 19, 2017
People v. Goodrich
Reclassification of conviction under Prop. 47 has no bearing on defendant's recommitment as mentally disordered offender, which concerns his current mental state and dangerousness.
Criminal Law and Procedure Jan. 18, 2017
People v. Ochoa
Defendant's conduct sufficient to establish 'pattern of criminal gang activity' to support gang enhancement despite gang expert's alleged use of inadmissible hearsay.
Criminal Law and Procedure Jan. 17, 2017
People v. Bastidas
Defendant on probation with imposition of sentence suspended is subject to Proposition 47's prohibition on firearms possession.
Criminal Law and Procedure Jan. 17, 2017
People v. Pinon
Trial court errs in imposing period of parole in resentencing offender under Prop. 47, without accounting for custody credits and where resulting period exceeded remainder of his post-release community supervision.
Criminal Law and Procedure Jan. 17, 2017
People v. Bradley
Confidential government informant is not material witness to defendant presenting entrapment defense as disclosure of informant's identity would be contrary to public interest.
Criminal Law and Procedure Jan. 17, 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 Jan. 12, 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 Jan. 12, 2017
In re Cook
In light of 'People v. Franklin' petitioner entitled to hearing to make record of mitigating evidence tied to his youth.
Criminal Law and Procedure Jan. 11, 2017
U.S. v. Williams
Known drug dealer's suppression motion erroneously granted where telephone tip was sufficiently reliable and his subsequent behavior provided probable cause for his arrest.
Criminal Law and Procedure Jan. 11, 2017
People v. Gonzalez
Revocation of postrelease community supervision (PRCS) reversed, where homeless defendant's failure to report change of residence is not violation of PRCS condition.
Criminal Law and Procedure Jan. 10, 2017
People v. Epperson
Court correctly sentences defendant convicted of attempted first degree robbery committed in concert to half of required sentence for completed felony as required under Penal Code Section 664.
Criminal Law and Procedure Jan. 10, 2017
Madrigal v. Victim Compensation and Government Claims Board
Denial of defendant's compensation claim overturned where Victim Compensation and Government Claims Board's conclusion on binding effect of district court's habeas findings was erroneous.
Criminal Law and Procedure Jan. 8, 2017
People v. Starski
Alleged instructional errors regarding unlawful practice of law do not warrant reversal where instructions were neither overbroad nor did they infringe defendant's right of free speech.
Criminal Law and Procedure Jan. 8, 2017
In re Perez
Youth offender granted habeas relief where Board of Parole Hearings' parole denials were not indicative of his current dangerousness.
Criminal Law and Procedure Jan. 5, 2017
People v. Lopez
Intent to sell finding for methamphetamine possession conviction renders transportation conviction valid, despite failure to inform jury of intent to sell requirement for transportation conviction.
Criminal Law and Procedure Jan. 5, 2017
U.S. v. Acevedo- De La Cruz
Sentence enhancement applies to defendant's prior California conviction for violating protective order under credible threat of violence because offense constitutes categorical crime of violence.
Criminal Law and Procedure Jan. 5, 2017
In re Perez
Youth offender granted habeas relief where Board of Parole Hearings' parole denials were not indicative of his current dangerousness.
Criminal Law and Procedure Jan. 2, 2017
People v. Munguia
Occupied burglary enhancement appropriate for offense in which perpetrator entered home before owner did, as nonaccomplice does not need to be in home at beginning of offense for enhancement to apply.
Criminal Law and Procedure Jan. 2, 2017
People v. Cady
On rehearing, appellate court upholds drunk driver's DUI convictions for DUI of alcohol and driving under the combined influence of alcohol and drug.
Criminal Law and Procedure Jan. 2, 2017
San Nicolas v. Harris
Defendant properly enrolled in California's sex offender tracking program based on his Washington conviction for communicating with a minor for immoral purposes.
Criminal Law and Procedure Dec. 29, 2016
People v. Corpening
Defendant may not be sentenced for both robbery and carjacking as offenses both completed by same 'act' as defined under Penal Code Section 654.
Criminal Law and Procedure Dec. 29, 2016
People v. Kindall
Sentencing court precluded from using prison priors that had been redesignated as misdemeanors to enhance sentence on defendant's current felony.
Criminal Law and Procedure Dec. 26, 2016
People v. Meraz
Reconsideration of confrontation clause challenges in light of the California Supreme Court's recent decision in 'People v. Sanchez' does not require reversal, resulting once again in affirmed judgments.
Criminal Law and Procedure Dec. 22, 2016
People v. Myles
Trial court errs in imposing crime lab analysis fee for drug offense not enumerated under Health and Safety Code Section 11372.5(a).
Criminal Law and Procedure Dec. 22, 2016