Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
G051812
|
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 | |
F071884
|
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 | |
B265578
|
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 | |
S216681
|
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 | |
S211275
|
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 | |
H040864
|
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 | |
D069445
|
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 | |
14-10004
|
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 | |
14-50355
|
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 | |
D067863
|
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 | |
D068255
|
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 | |
B263955
|
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 | |
H042059
|
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 | |
H041050
|
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 | |
S065573
|
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 | |
14-10154
|
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 | |
C074139
|
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 | |
H041700
|
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 | |
B268786
|
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 | |
D068384
|
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 | |
D068384
|
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 | |
H041157
|
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 | |
H041918
|
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 | |
16-70568
|
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 | |
14-1468
|
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 | |
15-6092
|
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 | |
15-30016
|
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 | |
S045423
|
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 | |
D068309
|
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 | |
B249467
|
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 |