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Name Category Published
U.S. v. Pridgette
Government's concession that record did not establish fact supporting defendant's sentence enhancement warrants remand for resentencing on closed record. 		Criminal Law and Procedure Aug. 8, 2016
People v. Fromuth
'Motivated by' language in online predator statute analogous to 'because of' language in hate crime statute, necessitating proof of 'motivation' as substantial factor in offense. 		Criminal Law and Procedure Aug. 5, 2016
People v. Moran
Probation condition that defendant stay out of all Home Depot stores and their parking lots permissible under state law and does not implicate constitutional right to travel. 		Criminal Law and Procedure Aug. 5, 2016
U.S. v. Smith
Members of the Los Angeles Sheriff's Dept. fail to overturn convictions related to their role in interfering with federal investigation of civil rights abuses at county jails. 		Criminal Law and Procedure Aug. 5, 2016
U.S. v. Lamott
Court properly instructs jury to disregard defendant's voluntary intoxication defense because assault by strangulation under federal assault statute is general intent crime. 		Criminal Law and Procedure Aug. 3, 2016
People v. Hamernik
Appeals court cannot review motion to amend information as trial court found it moot, improperly substituting lesser-included offense. 		Criminal Law and Procedure Aug. 3, 2016
People v. Falaniko
Attempted murder convictions overturned due to instructional error that allowed jury to convict defendant without finding of specific intent to kill each intended victim. 		Criminal Law and Procedure Aug. 2, 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 Aug. 2, 2016
U.S. v. Alvirez
Erroneous admission of unauthenticated Certificate of Indian Blood to establish defendant's Indian status requires reversal of conviction for assault resulting in serious bodily injury on Indian reservation. 		Criminal Law and Procedure Aug. 2, 2016
People v. Jackson
Judgment of death affirmed following convictions relating to murder and attempted murder of two elderly women, with remand ordered to recalculate noncapital portion of sentence. 		Criminal Law and Procedure Aug. 2, 2016
People v. Lexington National Insurance Corp.
Misdemeanor defendant's nonappearance at pre-trial hearing warrants bail forfeiture despite appearance through counsel where trial court ordered her to personally appear at scheduled hearing. 		Criminal Law and Procedure Aug. 1, 2016
U.S. v. Prigge
Defendant's decision not to testify at trial bars his claim on appeal challenging court's pre-trial decision not to preclude, in advance, impeachment with prior conviction. 		Criminal Law and Procedure Aug. 1, 2016
U.S. v. Lustig
Defendant may withdraw conditional guilty plea to child sex trafficking charges in light of concededly erroneous suppression motion ruling regarding warrantless searches of car cellphones. 		Criminal Law and Procedure Aug. 1, 2016
People v. Byrd
Failure to prove police officers were 'in a distinctive uniform' results in reversal of conviction for fleeing from pursuing police officer under Vehicle Code Section 2800.2. 		Criminal Law and Procedure Aug. 1, 2016
People v. Putney
Trial courts may not commit criminal defendants under the Sexually Violent Predators Act years before their sentences of incarceration are set to end. 		Criminal Law and Procedure Jul. 29, 2016
Munoz Santos v. Thomas
Evidence that statements were obtained by coercion may be treated as 'explanatory' evidence admissible in extradition hearing. 		Criminal Law and Procedure Jul. 29, 2016
People v. Curry
Defendant cannot escape plain language of Proposition 47 and must file petition for recall of sentence with trial court that entered her judgment of conviction. 		Criminal Law and Procedure Jul. 29, 2016
People v. Loya
Convictions reversed where exasperated judge's rejection of negotiated plea agreement without reason constituted abuse of discretion. 		Criminal Law and Procedure Jul. 28, 2016
People v. Johnson
Petitioning defendant, not prosecution, has initial burden of establishing eligibility for resentencing under Proposition 47. 		Criminal Law and Procedure Jul. 28, 2016
U.S. v. Wanland
All of defendant's arguments challenging convictions for tax related offenses lack merit, resulting in affirmance. 		Criminal Law and Procedure Jul. 28, 2016
People v. Debouver
Defendant's entry into secured subterranean garage where resident caught him breaking into vehicles red handed, supported finding of 'person-present' sentence enhancement. 		Criminal Law and Procedure Jul. 28, 2016
Davis v. Superior Court (People)
Inmate not required to pay in advance for costs of postconviction discovery, winning remand so court may consider to which specific discovery he is entitled. 		Criminal Law and Procedure Jul. 26, 2016
People v. Hydrick
45-day custody hold issued to evaluate whether prisoner is sexually violent predator permissible as decision to petition to commit is part of determination process. 		Criminal Law and Procedure Jul. 25, 2016
Jones v. Harrington
State prisoner convicted of murder entitled to release or new trial where confession admitted even though prisoner simply and unambiguously invokes right to remain silent. 		Criminal Law and Procedure Jul. 25, 2016
Cox v. Superior Court (Kernan)
Peremptory writ of mandate issued vacating court's orders where court strikes civil complaint after incorrectly deeming it to be petition for writ of habeas corpus. 		Criminal Law and Procedure Jul. 25, 2016
People v. Fuentes
Gang enhancement allegation dismissal in plea agreement appropriate under Penal Code section 1385(a), granting courts discretion to dismiss actions in 'furtherance of justice.' 		Criminal Law and Procedure Jul. 22, 2016
People v. Ghipriel
Sexual assault by restaurant manager within locked back office can amount to force necessary to make misdemeanor false imprisonment a felony. 		Criminal Law and Procedure Jul. 22, 2016
People v. Salmorin
Prop. 47 petition to recall forgery sentence improperly denied where trial court erroneously aggregated face amounts of forged checks charged in single forgery count. 		Criminal Law and Procedure Jul. 21, 2016
People v. Soto
Reversal of second degree murder conviction not warranted despite erroneous jury instruction that precluded jury from considering involuntary intoxication pertaining to imperfect self-defense claim. 		Criminal Law and Procedure Jul. 21, 2016
Ayala v. Chappell
State prisoner unsuccessful in challenging denial of habeas corpus petition under Antiterrorism and Effective Death Penalty Act on ineffective assistance of counsel and other grounds. 		Criminal Law and Procedure Jul. 21, 2016
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