Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
G051212
|
People v. Pinon
Imposition of one-year parole in resentencing offender under Prop. 47 erroneous where resulting period exceeded remainder of his post-release community supervision. |
Criminal Law and Procedure |
|
Dec. 18, 2016 | |
09-99023
|
Zapien v. Martel
California state prisoner fails to challenge destruction of audio tape recording of defense's strategy on due process grounds. |
Criminal Law and Procedure |
|
Dec. 18, 2016 | |
G051696
|
People v. Dekraai
Recusal of entire prosecutorial office upheld where office's conflict of interest with sheriff's department prevents it from fairly prosecuting defendant's penalty phase. |
Criminal Law and Procedure |
|
Dec. 15, 2016 | |
G051068
|
People v. Byers
Error in excluding evidence regarding whether officers complied with knock-and-announce rule is harmless since violation of rule does not warrant suppression of evidence. |
Criminal Law and Procedure |
|
Dec. 15, 2016 | |
E064243
|
People v. Evans
Offender obtains relief under 'In re Estrada' involving sentencing enhancement based on felony drug conviction that had been reclassified a misdemeanor under Prop. 47. |
Criminal Law and Procedure |
|
Dec. 15, 2016 | |
B252894
|
People v. Selivanov
Court may not make finding as to whether embezzled funds were 'public' as decision mandating felony classification of conviction is jury's responsibility under 'Apprendi.' |
Criminal Law and Procedure |
|
Dec. 13, 2016 | |
F071654
|
People v. Martin
'Larceny' as used in shoplifting statute not understood as meaning 'theft' generally, prohibiting Proposition 47 resentencing for burglary commissioned with forged checks. |
Criminal Law and Procedure |
|
Dec. 13, 2016 | |
15-30262
|
U.S. v. Loftis
Evidence of other uncharged wire frauds not made inadmissible by Federal Rule of Evidence 404(b) where uncharged transactions were part of charged crime. |
Criminal Law and Procedure |
|
Dec. 12, 2016 | |
G050268
|
People v. Garcia
Pimp's constitutional challenge over trial court's decision to release minor from commitment as material witness after permitting her conditional examination fails to overturn convictions. |
Criminal Law and Procedure |
|
Dec. 12, 2016 | |
15-5991
|
Shaw v. U.S.
Bank fraud statute covers schemes to deprive bank of money in customer's deposit account; nevertheless, instructional error warrants vacatur of fraudster's conviction for bank fraud. |
Criminal Law and Procedure |
|
Dec. 12, 2016 | |
S100735
|
People v. Landry
Enhancement for use of a dangerous or deadly weapon must be stricken from assault by a life prisoner count, but judgment otherwise affirmed. |
Criminal Law and Procedure |
|
Dec. 12, 2016 | |
15-10517
|
U.S. v. Rocha-Alvarado
Modified categorical approach divides overinclusive portion of state sexual assault statute; remainder meets general definition of federal crime of violence, justified enhancement for defendant who touched nine-year-old inappropriately over her clothes. |
Criminal Law and Procedure |
|
Dec. 12, 2016 | |
B267494
|
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 |
|
Dec. 11, 2016 | |
S229446
|
People v. Financial Casualty & Surety Inc.
Although appellate court incorrectly interprets statute, judgment affirmed because it correctly finds trial court did not abuse discretion in denying second motion to extend bail bond exoneration period. |
Criminal Law and Procedure |
|
Dec. 8, 2016 | |
S118384
|
People v. Melendez
Prospective juror's lack of opinions constituted valid, race-neutral reason for his exclusion and does not support reversal of defendant's murder convictions. |
Criminal Law and Procedure |
|
Dec. 8, 2016 | |
14-10037
|
U.S. v. Nosal
Convictions affirmed where former employee with revoked computer access acts 'without authorization' under Computer Fraud and Abuse Act by conspiring to use login credentials of current employee. |
Criminal Law and Procedure |
|
Dec. 8, 2016 | |
E063172
|
People v. Johnson
Driver's conviction for second degree murder on retrial overturned where trial court failed to properly instruct jury on prior manslaughter conviction. |
Criminal Law and Procedure |
|
Dec. 7, 2016 | |
B267353
|
People v. Burroughs
Admission of inflammatory inadmissible documentary evidence and hearsay testimony results in reversal of sexually violent predator designation. |
Criminal Law and Procedure |
|
Dec. 6, 2016 | |
C078933
|
People v. Sanghera
Defendant precluded from challenging trial court's evidentiary ruling to allow prior misconduct impeachment evidence where defendant chose not to testify at trial. |
Criminal Law and Procedure |
|
Dec. 5, 2016 | |
15-10475
|
U.S. v. Williams
Unadmonished responses made by defendant to questions about gang affiliation properly suppressed where defendant, charged with murder, invokes his 'Miranda' rights. |
Criminal Law and Procedure |
|
Dec. 5, 2016 | |
14-30217
|
U.S. v. Mohamud
Portland teen's entrapment defense properly rejected where he dreamt of waging war within the U.S. well before FBI's initial contact. |
Criminal Law and Procedure |
|
Dec. 5, 2016 | |
S131819
|
People v. Williams
Defendant's contentions challenging judgment of death following first degree murder and forcible rape convictions unavailing, leading to affirmance of judgment in its entirety. |
Criminal Law and Procedure |
|
Dec. 5, 2016 | |
A136822
|
People v. McCarrick
Alleged exclusion of 'delusions' from jury instructions regarding hallucinations does not warrant reversal of mother's murder convictions in the killing of her twin daughters. |
Criminal Law and Procedure |
|
Dec. 1, 2016 | |
S033901
|
People v. Thompson
Jurors' equivocations and hesitations on imposition of death penalty legitimate reasons for meriting dismissal from jury pool in capital case. |
Criminal Law and Procedure |
|
Dec. 1, 2016 | |
B256009
|
People v. Shiga
Arson conviction overturned where trial court was unaware it had discretion to deny 'gray-area' defendant's 'Faretta' request to represent himself. |
Criminal Law and Procedure |
|
Nov. 30, 2016 | |
E063996
|
People v. Houser
Child sex abuse convictions overturned where trial court failed to conduct competency hearing of defendant who saw prosecutor as 'attacking vampire.' |
Criminal Law and Procedure |
|
Nov. 29, 2016 | |
15-10063
|
United States v. Doe
Evidence of repeated success using identity information in DMV applications is enough to establish that user knew information belonged to another, meriting identity theft conviction. |
Criminal Law and Procedure |
|
Nov. 29, 2016 | |
C075231
|
People v. Moore
In classic whodunit case, disgruntled farmer fails to overthrow murder conviction based largely on circumstantial evidence by casting blame on cousin. |
Criminal Law and Procedure |
|
Nov. 29, 2016 | |
C079143
|
People v. Allen
No merit to defendant's challenge to his escape conviction, where he voluntarily left his place of confinement during curfew. |
Criminal Law and Procedure |
|
Nov. 28, 2016 | |
E062962
|
People v. Mejia
Sentence based on husband's final act of assault on wife he tortured over three-month period must be stayed where act was part of entire course of conduct constituting torture. |
Criminal Law and Procedure |
|
Nov. 24, 2016 |