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People v. Perkins
Defendant may refile petition for resentencing of felonies to misdemeanors in order to supply evidence that stolen property and firearms do not exceed $950 in value.
Criminal Law and Procedure Jan. 27, 2016
People v. Trujillo et al.
Order granting defendants' demurrer to felony complaint reversed where prosecution meets applicable pleading requirements.
Criminal Law and Procedure Jan. 26, 2016
Montgomery v. Louisiana
'Miller v. Alabama,' which prohibits mandatory life without parole for homicide juvenile offenders, adopts a new substantive rule that applies retroactively on collateral review.
Criminal Law and Procedure Jan. 26, 2016
People v. Orozco
Defendant unsuccessful in obtaining resentencing of theft-related felonies to misdemeanors under Proposition 47 where crimes not specifically enumerated in the law itself.
Criminal Law and Procedure Jan. 22, 2016
Taylor v. Beard
Subsequent determination that defendant was not the actual shooter did not establish his innocence so as to require reversal of his felony murder conviction.
Criminal Law and Procedure Jan. 22, 2016
People v. Johnson
Automatic appeal from judgment of death following first degree murder conviction affirmed in its entirety.
Criminal Law and Procedure Jan. 22, 2016
People v. Vargas
Second degree burglary conviction for attempting to cash forged check less than $950 qualifies for resentencing as misdemeanor shoplifting under Proposition 47.
Criminal Law and Procedure Jan. 21, 2016
Kansas v. Carr
Eight Amendment does not require capital-sentencing courts to instruct jury that mitigating circumstances need not be proven beyond reasonable doubt.
Criminal Law and Procedure Jan. 21, 2016
People v. Cornejo
In light of 'Prunty,' the criminal activity of Norteño subsets cannot be used to support gang enhancement for defendants in other, non-associated subset of gang.
Criminal Law and Procedure Jan. 21, 2016
People v. Thurston
Trial court properly finds prisoner ineligible for resentencing under Proposition 36 based on his juvenile adjudication for forcible rape.
Criminal Law and Procedure Jan. 20, 2016
People v. Butler
Revocation restitution fines, under Section 1202.45, may not be applied where offender is not subject to parole, postrelease community service, or mandatory supervision after jail sentence.
Criminal Law and Procedure Jan. 20, 2016
People v. Mateo
Trial court has no sua sponte duty to give pattern jury instruction explaining limited purpose of expert testimony on Child Sexual Abuse Accommodation Syndrome.
Criminal Law and Procedure Jan. 20, 2016
People v. White
Defendant correctly found not to be eligible for resentencing relief under Proposition 36 where he was found to be 'armed' during commission of offense.
Criminal Law and Procedure Jan. 20, 2016
People v. Leon
Erroneous admission of gang affiliation admissions made during jail booking does not warrant reversal of defendants' convictions related to string of home invasion robberies.
Criminal Law and Procedure Jan. 20, 2016
People v. Lozano
Juvenile murderer's sentence of life without possibility of parole reversed where sentencing court categorically excluded evidence of her post-conviction rehabilitation.
Criminal Law and Procedure Jan. 19, 2016
People v. Valenti
Child molester's conviction for lewd and lascivious act against his teenage wife overturned because law did not exist at the time he committed offense, violating Ex Post Facto Clause.
Criminal Law and Procedure Jan. 19, 2016
People v. Johnson
On remand, appellate court reaffirms ruling that requisite malice was found by jury to support second-degree murder convictions, though jury had received a slightly erroneous instruction as to being unanimous on the theory of killing at issue.
Criminal Law and Procedure Jan. 19, 2016
In re Grand Jury Investigation (U.S. v. Doe Appellants and Corporations)
Order
Criminal Law and Procedure Jan. 19, 2016
Fue v. Biter
Prisoner who 'sat on his hands' not entitled to equitable tolling of habeas petition filing even if state court never notified him of denial.
Criminal Law and Procedure Jan. 19, 2016
U.S. v. Spangler
Trial court did not err in allowing testimony describing scheming investment advisor as a fiduciary.
Criminal Law and Procedure Jan. 19, 2016
People v. Mateo
Trial court has no sua sponte duty to give pattern jury instruction explaining limited purpose of expert testimony on Child Sexual Abuse Accommodation Syndrome.
Criminal Law and Procedure Jan. 15, 2016
People v. Arroyo
Criminal prosecution of juvenile offender may be commenced by grand jury indictment and need not proceed only by filing an information after a preliminary hearing.
Criminal Law and Procedure Jan. 15, 2016
U.S. v. James
Man's acquittal for sexually abusing severely disabled niece overturned due to district court's erroneous application of narrow 'physically helpless' standard instead of broader 'physically incapable' standard.
Criminal Law and Procedure Jan. 15, 2016
In re Grand Jury Investigation (U.S. v. Doe Appellants and Corporations)
District courts must review documents in camera before deciding whether attorney-client communications should be produced under crime-fraud exception.
Criminal Law and Procedure Jan. 15, 2016
People v. Superior Court (Rangel)
Excess custody credits may be applied to offset term of community supervision just as they would to offset term of parole.
Criminal Law and Procedure Jan. 14, 2016
People v. Leon
Erroneous admission of gang affiliation admissions made during jail booking does not warrant reversal of defendants' convictions related to string of home invasion robberies.
Criminal Law and Procedure Jan. 14, 2016
People v. Verducci
Court does not abuse its discretion in denying motion to dismiss after defendant's three previous trials for first degree murder resulted in hung juries.
Criminal Law and Procedure Jan. 13, 2016
Hurst v. Florida
Florida's capital sentencing scheme unconstitutional; jury, not judge, must find facts necessary to impose death sentence. Jury's mere recommendation insufficient.
Criminal Law and Procedure Jan. 13, 2016
People v. Ortiz
Defendant convicted of car theft may be eligible for Proposition 47 resentencing, but failure to satisfy burden regarding car's value results in denial of petition.
Criminal Law and Procedure Jan. 12, 2016
People v. Perez
Where law enforcement expressly promises suspect that he will not be charged in exchange for a confession of involvement in killing, said confession should have been excluded at trial.
Criminal Law and Procedure Jan. 12, 2016