Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B267529
|
People v. White
Sex offender's escalating and aggressive frotteuristic behavior qualifies as 'sexually violent criminal behavior' supporting his commitment as a sexually violent predator. |
Criminal Law and Procedure |
|
Sep. 19, 2016 | |
E063389
|
People v. Varner
Penal Code Section 496d conviction for receiving stolen motor vehicle is not an eligible offense for Prop. 47 reclassification, resentencing. |
Criminal Law and Procedure |
|
Sep. 18, 2016 | |
14-50529
|
U.S. v. Soto-Zuniga
District court abuses discretion by denying discovery of arrest records at San Clemente immigration checkpoint where checkpoint allegedly violates defendant's Fourth Amendment. |
Criminal Law and Procedure |
|
Sep. 18, 2016 | |
13-17071
|
Tarango v. McDaniel
Nevada prisoner is entitled to habeas relief where state supreme court failed to consider potential prejudicial impact of police contact with known hold-out juror. |
Criminal Law and Procedure |
|
Sep. 18, 2016 | |
A144572
|
In re Brigham
Conviction for first degree murder as aider and abettor vacated in light of 'People v. Chiu,' resulting in remand for new trial or reduction of conviction. |
Criminal Law and Procedure |
|
Sep. 15, 2016 | |
G052158
|
People v. Cortez
Court may alter misdemeanor sentences while resentencing former felony conviction as misdemeanors under Penal Code Section 1170.18. |
Criminal Law and Procedure |
|
Sep. 14, 2016 | |
15-10241
|
U.S. v. Kaplan
Doctor's use of single-use needle guides in treating paying patients satisfies 'held for sale' element of 21 U.S.C. Section 331(k) of the FDCA. |
Criminal Law and Procedure |
|
Sep. 11, 2016 | |
A143873
|
People v. Holm
Private golf and country club is a 'commercial establishment' for purposes of newly-enacted Penal Code Section 495.5 shoplifting statute under Prop. 47. |
Criminal Law and Procedure |
|
Sep. 8, 2016 | |
A143369
|
People v. Sibrian
Expert testimony regarding police tactics and training admissible where proper use of gun, Taser outside scope of lay juror's knowledge. |
Criminal Law and Procedure |
|
Sep. 8, 2016 | |
A144424
|
People v. Blackwell
'Miller' does not require 'irreparable corruption' be proved to jury before sentencing court may impose life without possibility of parole on juvenile homicide offender. |
Criminal Law and Procedure |
|
Sep. 8, 2016 | |
S075136
|
People v. Covarrubias
Erroneous excusal of prospective juror based solely on his views on death penalty compels automatic reversal of murderer's death penalty phase; judgment otherwise upheld. |
Criminal Law and Procedure |
|
Sep. 8, 2016 | |
C072053
|
People v. Cornejo
No alteration on second rehearing, where defendants successful in reversing gang enhancement in light of 'People v. Prunty' but otherwise unsuccessful on remaining contentions. |
Criminal Law and Procedure |
|
Sep. 6, 2016 | |
B270503
|
Hopkins v. Superior Court (People)
Vehicle Code provision that prohibits pretrial diversion in DUI cases does not preclude military diversion under Penal Code Section 1001.80. |
Criminal Law and Procedure |
|
Sep. 5, 2016 | |
C079513
|
Galzinski v. Somers (Seyffert)
Writ of mandate issued due to police department's failure to perform ministerial duty of satisfying obligations imposed by its published procedure regarding citizen's complaints. |
Criminal Law and Procedure |
|
Sep. 1, 2016 | |
E064099
|
People v. Adelmann
Where receiving county receives 'entire jurisdiction' of case, Prop. 47 petition is proper there. |
Criminal Law and Procedure |
|
Sep. 1, 2016 | |
F069940
|
People v. Cruz
Charged offense must be proven beyond reasonable doubt to be considered in determining guilt of other charged offense under Evidence Code Section 1108. |
Criminal Law and Procedure |
|
Sep. 1, 2016 | |
B264450
|
People v. Ochoa
Attempted extortion conviction overturned where there was no evidence that shooter intended to extort anything from his victim; attempted murder conviction otherwise upheld. |
Criminal Law and Procedure |
|
Sep. 1, 2016 | |
14-50506
|
U.S. v. Alvarez
Defendant properly ordered to pay restitution as condition of supervised release for damages to rental car even though plea agreement made no mention of restitution. |
Criminal Law and Procedure |
|
Sep. 1, 2016 | |
15-30209
|
United States v. Aguilar-Canche
Trial court lacks discretion to alter defendant's sentence in accordance with amendment to sentencing guidelines as sentence was based on statutory minimums. |
Criminal Law and Procedure |
|
Aug. 30, 2016 | |
F070068
|
People v. Spiller
'Super strikes' that render inmates statutorily ineligible for resentencing under Three Strikes Reform Act must occur prior to conviction resulting in third strike sentence. |
Criminal Law and Procedure |
|
Aug. 30, 2016 | |
11-35114
|
Frost v. Gilbert
Error preventing counsel from making alternative arguments in summation not prejudicial, where insufficiency argument would have 'fallen on deaf ears' due to overwhelming prosecutorial evidence. |
Criminal Law and Procedure |
|
Aug. 29, 2016 | |
B265879
|
People v. McDowell
Trial court not prohibited from resentencing Prop. 47 petitioner to an overall prison term amounting to same length as his previous, plea-bargained sentence. |
Criminal Law and Procedure |
|
Aug. 28, 2016 | |
13-56024
|
Godoy v. Spearman
Murderer not entitled to habeas relief based on misconduct relating to juror who allegedly texted 'judge friend' during trial. |
Criminal Law and Procedure |
|
Aug. 25, 2016 | |
B266933
|
People v. Orloff
Trial court properly used discretion provided under Evidence Code Section 352 in allowing evidence of prior threats made by defendant in criminal threats case. |
Criminal Law and Procedure |
|
Aug. 25, 2016 | |
D069899
|
People v. Flores
Aider and abettor liability through natural and probable consequences is proper for nontarget offense of torture. |
Criminal Law and Procedure |
|
Aug. 24, 2016 | |
B262866
|
People v. Hronchak
Court may impose confinement exceeding maximum allowed for misdemeanor offenses to defendant who was resentenced, given supervised parole under Prop. 47 and thereafter violated parole. |
Criminal Law and Procedure |
|
Aug. 24, 2016 | |
B257245
|
People v. Miranda
Assault of inmate in Los Angeles County Jail merits gang enhancement as evidence supports fact that perpetrators were members of criminal organization known as 'Southside gang.' |
Criminal Law and Procedure |
|
Aug. 23, 2016 | |
S223129
|
People v. Rodriguez
Trial court must take 'reasonable steps in good faith' to ensure judge who hears initial suppression of evidence motion hears subsequent suppression motions. |
Criminal Law and Procedure |
|
Aug. 22, 2016 | |
S076339
|
People v. Grimes
California Supreme Court clarifies application of against-interest hearsay exception and overturns defendant's death judgment while keeping intact murder conviction and special circumstances findings. |
Criminal Law and Procedure |
|
Aug. 22, 2016 | |
B266704
|
People v. Newman
Defendant ineligible for resentencing under Prop. 36 where record of conviction showed he intended to cause great bodily injury, a disqualifying factor. |
Criminal Law and Procedure |
|
Aug. 21, 2016 |