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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 Nov. 24, 2016
People v. Thiel
Mentally ill man fails to overturn convictions for elder abuse based on alleged instructional errors regarding jury's consideration of his mental incapacity. 		Criminal Law and Procedure Nov. 24, 2016
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 Nov. 24, 2016
People v. Ramos
Defendant's constitutional right to counsel violated when trial court involuntarily removed him from courtroom without appointing standby counsel to represent him during direct examination of key witness. 		Criminal Law and Procedure Nov. 22, 2016
People v. Quick
Person arrested for DUI may not defeat search incident to arrest by locking incriminating evidence inside his vehicle. 		Criminal Law and Procedure Nov. 22, 2016
People v. Walker
Defendant not eligible for Proposition 47 relief due to murder conviction that came after earlier drug-related convictions otherwise eligible for resentencing. 		Criminal Law and Procedure Nov. 21, 2016
People v. Cruz Villagran
Sufficient evidence supports convictions of attempt to commit a lewd or lascivious act on a minor where defendant commits offense through medium of text messaging. 		Criminal Law and Procedure Nov. 21, 2016
People v. Guerra
Appellate division must comply with statutory requirement and issue brief statement of its reasons for overturning trial court's ruling, which does not conflict with court rule relieving it from having to issue written opinions. 		Criminal Law and Procedure Nov. 21, 2016
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 Nov. 20, 2016
People v. Rendon
Possession of materials that may be used to produce more counterfeit bills irrelevant to valuation of counterfeit bills for purposes of determining defendant's punishment for forgery. 		Criminal Law and Procedure Nov. 20, 2016
People v. Colbert
Store's back office is a discrete area separate from the commercial part of the establishment; hence, theft occurring there does not constitute shoplifting. 		Criminal Law and Procedure Nov. 20, 2016
Fue v. Biter
Waiting fourteen months to inquire about status of state habeas petition constitutes reasonable diligence and may entitle petitioner to equitable tolling for federal habeas petition. 		Criminal Law and Procedure Nov. 17, 2016
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 Nov. 16, 2016
People v. Mendoza
In Proposition 47 case, judgment modified to reflect concurrent sentence in second case, but otherwise affirmed, where court may resentence defendant on any component of aggregate term. 		Criminal Law and Procedure Nov. 15, 2016
People v. Eslava
Bench trial finding regarding prior conviction improper due to changes in law between appeals requiring juries to make finding for sentencing enhancements. 		Criminal Law and Procedure Nov. 15, 2016
People v. Wilson
Imposition of both great bodily injury and serious felony enhancements proper where latter enhancement imposed for offender's status as a recidivist, not for conduct. 		Criminal Law and Procedure Nov. 15, 2016
U.S. v. Lin
Erroneous application of base level to defendant who pled guilty to conspiracy to commit sex trafficking warrants resentencing. 		Criminal Law and Procedure Nov. 14, 2016
People v. Perkins
Child sex victim's movement from bathroom to bedroom did not increase risk of harm; insufficient to support aggravated kidnapping sentence enhancement. 		Criminal Law and Procedure Nov. 14, 2016
People v. Valenzuela
Conviction for 'wobbler' offense, street terrorism, unaffected by resentencing under Prop 47 as offense was felonious criminal conduct at commissioning of crime. 		Criminal Law and Procedure Nov. 14, 2016
People v. Lopez
'In re Arturo D.' remains good law, permitting officer's warrantless search of driver's purse for identification, warranting the reversal of the dismissal of case against driver. 		Criminal Law and Procedure Nov. 14, 2016
People v. Doyle
Defendant's waiver of jury trial is voluntary, knowing and intelligent despite court's failure to explain to defendant everything he was giving up by entering waiver. 		Criminal Law and Procedure Nov. 13, 2016
People v. Colbert
Store's back office is a discrete area separate from the commercial part of the establishment; hence, theft occurring there does not constitute shoplifting. 		Criminal Law and Procedure Nov. 10, 2016
Harris v. Superior Court (People)
People not entitled to set aside plea agreement and reinstate dismissed counts where defendant seeks recall and resentencing relief under Proposition 47. 		Criminal Law and Procedure Nov. 10, 2016
U.S. v. McCandless
Federal prisoner not entitled to mandamus relief challenging district court's refusal to grant motion for bail because he cannot demonstrate clear legal error. 		Criminal Law and Procedure Nov. 10, 2016
United States v. Finazzo
Government assent to lowered sentencing recommendation by probation office does not constitute motion meriting downward variance at resentencing. 		Criminal Law and Procedure Nov. 10, 2016
In re Guiomar
Trial court has jurisdiction to alter sentences for convictions not altered by Proposition 47 in determining length of aggregate sentence. 		Criminal Law and Procedure Nov. 8, 2016
People v. Martinez
Felony 'receipt for goods' forgery does not qualify for redesignation as misdemeanor under Proposition 47. 		Criminal Law and Procedure Nov. 8, 2016
U.S. v. Lucas
Defendant has no right to discovery of information he contends will support his motion to dismiss indictment absent showing of materiality. 		Criminal Law and Procedure Nov. 8, 2016
Maas v. Superior Court (People)
Habeas petitioner may peremptory challenge judge assigned to assess his habeas petition under Code of Civil Procedure Section 170.6 even before an OSC has been issued. 		Criminal Law and Procedure Nov. 7, 2016
U.S. v. Benally
Defendant's conviction for using a firearm in connection with a 'crime of violence' overturned in light of 'Leocal' and 'Fernandez-Ruiz.' 		Criminal Law and Procedure Nov. 7, 2016
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