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Name Category Published
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
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
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