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Name Category Published
U.S. v. Ornelas
Sentence imposed in absentia lawful where defendant's appeal waiver is valid and he was 'voluntarily absent' for sentencing hearing. 		Criminal Law and Procedure May 5, 2016
People v. Roach
Nothing in Proposition 47's resentencing provision prohibits court from imposing same aggregate term upon resentencing, provided new term is proper under generally-applicable sentencing procedures. 		Criminal Law and Procedure May 5, 2016
People v. Fruits
In elder abuse prosecution, son's prior acts of elder abuse against his mother admissible in relation to offense of making criminal threats. 		Criminal Law and Procedure May 5, 2016
Ocasio v. U.S.
Officer properly convicted of conspiring to violate Hobbs Act, though kickback scheme did not involve obtaining money from anyone outside the conspiracy. 		Criminal Law and Procedure May 3, 2016
People v. Valdez
Prop. 47's 'unreasonable risk of danger to public safety' standard appropriate standard to apply to resentencing petitions under Prop. 36. 		Criminal Law and Procedure May 2, 2016
In re J.C.
Minor who successfully petitions under Proposition 47 to reduce felony shoplifting conviction to misdemeanor not also entitled to expungement of her DNA record. 		Criminal Law and Procedure May 2, 2016
People v. Gonzalez
Felony-murder convictions affirmed where, with the exception of claim regarding parole revocation fines, defendants' multiple other claims of error are unavailing. 		Criminal Law and Procedure May 2, 2016
U.S. v. Adebimpe
In Medicare fraud case, 'abuse-of-trust' sentencing enhancement properly applied to husband and wife team that supplied power wheelchairs to people that did not need them. 		Criminal Law and Procedure Apr. 29, 2016
People v. Martinez
Appellate court need not independently review appellate record for meritorious issues in appeal from extension of civil commitment of individual found not guilty by reason of insanity. 		Criminal Law and Procedure Apr. 28, 2016
People v. Bradshaw
Because remand necessary to determine defendant's eligibility for mandatory probation and drug treatment, judicial efficiency also permits remand to determine resentencing under Proposition 47. 		Criminal Law and Procedure Apr. 28, 2016
People v. McGehee
Failure to instruct on involuntary manslaughter in murder case involving hallucinated demon attack does not warrant reversal of second degree murder conviction. 		Criminal Law and Procedure Apr. 27, 2016
People v. Jones
Remand not warranted where current law does not require trial court to provide written reason in minutes for dismissing defendant's strikes. 		Criminal Law and Procedure Apr. 27, 2016
In re Gomez
Habeas relief granted to Pelican Bay State Prison inmate who was disciplined for participating in planned hunger strike to protest state's solitary confinement practices. 		Criminal Law and Procedure Apr. 26, 2016
People v. Steele
Deputies' safety justified brief detention of second driver whose vehicle was sandwiched between patrol car and lead vehicle that deputies intended to stop on outstanding warrant. 		Criminal Law and Procedure Apr. 26, 2016
In re Busch
Petition for writ of habeas corpus denied where Governor's decision to reverse grant of parole for inmate convicted of second degree murder is supported by 'some evidence.' 		Criminal Law and Procedure Apr. 25, 2016
People v. Alvarez
Substantial evidence supports aggravated kidnapping convictions and kidnapping sentencing enhancements where defendant police officer could not rely on lawful arrest defense. 		Criminal Law and Procedure Apr. 25, 2016
People v. Byron
Post Release Community Supervision properly revoked over drug user's allegations of due process violations related to timing of her arraignment and probable cause hearing. 		Criminal Law and Procedure Apr. 25, 2016
People v. Vasquez
First degree premeditated murder conviction affirmed where jury properly instructed on direct aiding and abetting theory. 		Criminal Law and Procedure Apr. 25, 2016
People v. Landau
Pedophile obtains relief from order recommitting him as sexually violent predator due to court's prejudicial error in admitting 'massive amount of inadmissible hearsay.' 		Criminal Law and Procedure Apr. 22, 2016
People v. Caraballo
Inmate disqualified from resentencing relief as second strike offender under Prop. 36 because he was 'vicariously armed' during commission of current offense. 		Criminal Law and Procedure Apr. 22, 2016
People v. Townsel
Instructional error that effectively precluded jury from considering evidence of defendant's intellectual disability warrants reversal of dissuading a witness charge, but otherwise left murder convictions intact. 		Criminal Law and Procedure Apr. 22, 2016
In re Johnson
In light of 'People v. Chiu,' defendant's conviction for first degree premeditated murder based on natural and probable consequences theory of aiding and abetting vacated. 		Criminal Law and Procedure Apr. 21, 2016
Molina-Martinez v. United States
Courts reviewing sentencing errors cannot apply categorical rule requiring additional evidence when district court applies incorrect range but nevertheless sentences defendant within correct range. 		Criminal Law and Procedure Apr. 21, 2016
U.S. Onuoha
Potentially excessive expert-recommended dosage fails to satisfy 'Sell' factor requiring that involuntary medication, to render defendant fit for trial, be in defendant's 'best medical interest.' 		Criminal Law and Procedure Apr. 21, 2016
U.S. v. Diaz
Reduction of prior felony conviction to misdemeanor under Proposition 47 does not affect federal sentence enhancement of life imprisonment that is based on that conviction. 		Criminal Law and Procedure Apr. 21, 2016
People v. Reid
Multiple counts of grand theft permissible notwithstanding 'Bailey' rule where defendant removed several urns from mausoleum to sell as scrap metal. 		Criminal Law and Procedure Apr. 21, 2016
People v. Nicholes
Gang enhancements stricken where prosecution's gang expert's testimony insufficient to meet requirement under 'People v. Prunty' regarding gang subsets. 		Criminal Law and Procedure Apr. 21, 2016
People v. Abdallah
One year enhancement under Penal Code Section 667.5(b) inapplicable where court recalls felony conviction and resentences defendant under Proposition 47 before sentencing on current case. 		Criminal Law and Procedure Apr. 20, 2016
People v. Jimenez
Man convicted of sexually penetrating unconscious niece fails to overturn convictions by attacking trial court's instructions regarding victim's character. 		Criminal Law and Procedure Apr. 20, 2016
People v. Lucero
Appropriate for trial court to instruct jury not to consider voluntary intoxication evidence in relation to firearm-use enhancements, as the enhancements required only general intent. 		Criminal Law and Procedure Apr. 20, 2016
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