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People v. Montgomery
'Prior conviction' rendering applicant ineligible for redesignation of felony to misdemeanor under Proposition 47 is conviction that occurs prior to filing of application for redesignation.
Criminal Law and Procedure Jul. 5, 2016
Brooks v. Mercy Hospital
Judgment in favor of defendant hospital that treated prisoner reversed where court fails to apply special tolling provision relating to prisoners.
Criminal Law and Procedure Jul. 5, 2016
People v. Eulian
Off-duty firefighter who punched cat lady into unconsciousness cannot escape assault and battery convictions based on allegedly erroneous self-defense jury instructions.
Criminal Law and Procedure Jul. 1, 2016
People v. Sanchez
Case-specific statements related by prosecution's expert concerning defendant's gang membership is inadmissible hearsay, resulting in reversal of street gang enhancements.
Criminal Law and Procedure Jul. 1, 2016
People v. Conley
Third strikers sentenced before Reform Act took effect, but whose judgment were not yet final, not entitled to automatic resentencing but may petition for recall of sentence.
Criminal Law and Procedure Jul. 1, 2016
People v. Olivas
Court's answer in the negative to question regarding the consideration of lesser offense before deciding verdict on greater offense constitutes prejudicial 'Kurtzman' error.
Criminal Law and Procedure Jun. 30, 2016
People v. Smith
Murder convictions reversed due to prejudicial error stemming from incorrect jury instructions and erroneously admitted hearsay evidence.
Criminal Law and Procedure Jun. 30, 2016
U.S. v. Lindsey
In mortgage fraud cases, lender negligence in verifying loan application information or intentional disregard of such information is no defense and evidence of such is inadmissible as a defense.
Criminal Law and Procedure Jun. 29, 2016
U.S. v. Lemus
Comparison of drugs that were not tied to defendant is insufficient to support jury's quantity finding, warranting reversal and remand for resentencing.
Criminal Law and Procedure Jun. 29, 2016
People v. Bollaert
Convictions of operator of Web site allowing users to post private, intimate photographs of others upheld.
Criminal Law and Procedure Jun. 29, 2016
People v. Romo
Closing argument statement regarding presumption of innocence not prosecutorial misconduct as language does not reverse presumption of innocence.
Criminal Law and Procedure Jun. 29, 2016
People v. Jefferson
Court should not have imposed drug program fee, which it then suspended, for defendant who did not have ability pay it.
Criminal Law and Procedure Jun. 28, 2016
People v. Dunn
Prop. 47 relief erroneously denied as to otherwise eligible defendant whose conviction was based on negotiated plea even though reclassification would reduce bargained-for punishment.
Criminal Law and Procedure Jun. 27, 2016
People v. Cordova
Proposition 47's narrowed definition of dangerousness applies to determinations of dangerousness under Three Strikes Reform Act.
Criminal Law and Procedure Jun. 27, 2016
People v. Becerra
Failure to explain why defendant's behavior is dilatory in revocation of pro per status constitutes improper denial of self-representation right.
Criminal Law and Procedure Jun. 27, 2016
Voisine v. United States
Statute's prohibition on gun possession by persons convicted of 'misdemeanor crime of violence' applies to reckless assaults, as it does to knowing or intentional ones.
Criminal Law and Procedure Jun. 27, 2016
People v. Buchanan
California Penal Code Section 654 bars separate punishments for defendant's possession of a single firearm on a single occasion.
Criminal Law and Procedure Jun. 27, 2016
People v. Hartley
Passenger who refused to pay cab driver after the latter missed a turn lacks requisite fraudulent intent to support petty theft by false pretenses conviction.
Criminal Law and Procedure Jun. 27, 2016
People v. Superior Court (Albert Sokolich)
Negligence does not constitute failure to act in good faith in petition to commit man as sexually violent predator.
Criminal Law and Procedure Jun. 26, 2016
People v. Johnson
Petitioning defendant, not prosecution, has initial burden of establishing eligibility for resentencing under Proposition 47.
Criminal Law and Procedure Jun. 26, 2016
People v. Johnson
Petitioning defendant, not prosecution, has initial burden of establishing eligibility for resentencing under Proposition 47.
Criminal Law and Procedure Jun. 26, 2016
People v. Ocegueda
Failure to instruct jury that it could consider defendant's mental disabilities involving claim for imperfect self-defense not prejudicial, but reversal nevertheless warranted due to sentencing error.
Criminal Law and Procedure Jun. 23, 2016
People v. Ochoa
Middleman in drug ring who supplied methamphetamine to Nuestra Familia criminal street gang obtains reversal of second conspiracy conviction under Penal Code 654 and 'Kellett.'
Criminal Law and Procedure Jun. 23, 2016
Orona v. United States
Court grants petitioner's application for authorization to file a second or successive Section 2255 motion and clarifies rule regarding tolling of statute of limitations.
Criminal Law and Procedure Jun. 23, 2016
Birchfield v. North Dakota
Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving, but not warrantless blood tests.
Criminal Law and Procedure Jun. 23, 2016
Mathis v. U.S.
Mismatch of elements between Iowa burglary statute and generic federal offense saves felon from Armed Career Criminal Act's 15-year mandatory minimum sentence.
Criminal Law and Procedure Jun. 23, 2016
U.S. v. Grovo
Convictions affirmed where defendants contentions challenging convictions for participating in child exploitation enterprise and conspiracy to advertise child pornography unavailing.
Criminal Law and Procedure Jun. 23, 2016
People v. Sanchez
In automatic appeal, murderer cannot escape death verdict despite reversal of one of 26 robbery convictions given commitment of numerous other crimes, including two murders.
Criminal Law and Procedure Jun. 23, 2016
People v. Tate
Waiver of section 4019 good-time credits applies only to previously earned credits, not future credits.
Criminal Law and Procedure Jun. 22, 2016
People v. Aleman
Cronies fail to escape murder conviction in killing of 'big shot' they have had 'beef' with in light of compelling evidence against them.
Criminal Law and Procedure Jun. 22, 2016