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U.S. v. Ye
First paragraph of 18 U.S.C. Section 1542, prohibiting 'willfully and knowingly' making false statements on a passport application, does not require specific intent. 		Criminal Law and Procedure Dec. 11, 2015
People v. Stevens
In a commitment hearing under the Mentally Disordered Offender Act, People may not prove facts underlying commitment offense through mental health expert's opinion testimony. 		Criminal Law and Procedure Dec. 11, 2015
People v. King
Defendant's petition for resentencing under Proposition 47 is properly denied where his felony grand theft conviction was not a qualifying offense. 		Criminal Law and Procedure Dec. 11, 2015
People v. Tirey
Legislature's subsequent amendments to relevant Penal Code provisions make clear that child sex offender is ineligible to petition for certificate of rehabilitation. 		Criminal Law and Procedure Dec. 10, 2015
People v. Nilsson
Aggravated white collar crime enhancement improperly imposed where prosecutor failed to plead two felonies were related. 		Criminal Law and Procedure Dec. 10, 2015
People v. Dealba
Offender who repeatedly rammed into victim's vehicle commits spousal battery through indirect touching where victim was forced to take defensive maneuvers to avoid losing control of vehicle. 		Criminal Law and Procedure Dec. 9, 2015
People v. Johnson
Trial court must set hearing for defendant's motion for release of jurors' identifying information based on jury misconduct following erroneous appellate court ruling. 		Criminal Law and Procedure Dec. 9, 2015
Mays v. Clark
Admission of inculpatory statements that violated defendant's 'Miranda' rights does not warrant habeas relief where error was not prejudicial. 		Criminal Law and Procedure Dec. 9, 2015
People v. McGowan
Per Penal Code Section 991, arraigning court may dismiss individual charges from complaint, rather than all or none. 		Criminal Law and Procedure Dec. 9, 2015
U.S. v. James Lloyd
Head of Florida arm of unregistered security selling operation may not be made to pay restitution for harm caused by Los Angeles arm of group, absent greater evidence of concerted action. 		Criminal Law and Procedure Dec. 8, 2015
People v. Tran
Postplea probation report may be considered when ruling on Cal. Penal Code Section 17(b) motion seeking to reduce felony to misdemeanor. 		Criminal Law and Procedure Dec. 8, 2015
People v. Lexington National Insurance Co.
Surety entitled to vacate forfeiture of original bond after trial court unilaterally decided to increase criminal defendant's bail. 		Criminal Law and Procedure Dec. 8, 2015
In re J.L.
Minor's burglary of cell phone out of school locker in violation of Cal. Penal Code Section 459 not eligible for Proposition 47 reclassification as shoplifting. 		Criminal Law and Procedure Dec. 8, 2015
U.S. v. Gilbert
Federal prisoner's sentence amounts to final judgment that triggers limitations period for collateral attack although restitution was left unspecified. 		Criminal Law and Procedure Dec. 8, 2015
People v. United States Fire Insurance Co.
Court erroneously calculates exoneration period by measuring extension from end of initial 185-day exoneration period instead of date of order granting extension motion. 		Criminal Law and Procedure Dec. 7, 2015
People v. Romanowski
Proposition 47 reduces theft of access card information under Cal. Penal Code Section 484e(d) to a misdemeanor, provided stolen property is valued less than $950. 		Criminal Law and Procedure Dec. 7, 2015
People v. Gaines
Probation conditions forbidding 'dangerous drugs' and visits to stores where 'alcohol is the chief item of sale' are unconstitutionally vague. 		Criminal Law and Procedure Dec. 7, 2015
People v. Denard
Burglar entitled to reduced sentence after trial court erroneously found Florida convictions constituted as strikes under California's Three Strikes law. 		Criminal Law and Procedure Dec. 7, 2015
People v. Cage
In automatic appeal from judgment of death following first degree murder convictions, defendant's claims are rejected and judgment affirmed in its entirety. 		Criminal Law and Procedure Dec. 4, 2015
Harris v. Superior Court (People)
People may reinstate original robbery charge and related allegations following change in law that undermined fundamental assumption of plea bargain. 		Criminal Law and Procedure Dec. 3, 2015
U.S. v. Medina-Carrasco
Appeal dismissed where defendant is sentenced according to plea agreement and his waiver of appellate rights is valid and enforceable. 		Criminal Law and Procedure Dec. 3, 2015
People v. Amaya
A defendant's petition for resentencing under Proposition 47 may be made orally. 		Criminal Law and Procedure Dec. 3, 2015
People v. Tran
Postplea probation report may be considered when ruling on Cal. Penal Code Section 17(b) motion seeking to reduce felony to misdemeanor. 		Criminal Law and Procedure Dec. 2, 2015
People v. Williams
Offender's inability to control dangerous behavior caused by personality disorder supports trial court's decision to extend his commitment at state mental health facility. 		Criminal Law and Procedure Dec. 2, 2015
People v. Esparza
Defendant succeeds in reversing denial of Proposition 36 petition where court errs in placing burden of proof upon defendant regarding his dangerousness. 		Criminal Law and Procedure Nov. 30, 2015
People v. Gonzalez
Payment of civil penalty to federal agency does not entitle defendant to dismissal of criminal charge on double jeopardy ground. 		Criminal Law and Procedure Nov. 27, 2015
People v. Superior Court (Sanchez-Flores)
Misdemeanant need not pay fines that misdemeanor charge otherwise called for before she may obtain relief contemplated under Deferral of Sentencing Pilot Program. 		Criminal Law and Procedure Nov. 27, 2015
People v. Peacock
Court errs in reclassifying defendant's felony offense of receiving stolen property to a misdemeanor under Proposition 47. 		Criminal Law and Procedure Nov. 27, 2015
People v. Lynn
Pursuant to 'People v. Johnson' court must determine defendant's eligibility for recall and resentencing of attempted grand theft conviction under Three Strikes Reform Act. 		Criminal Law and Procedure Nov. 25, 2015
People v. Cuen
Defendant not eligible for resentencing for theft of access card information because such offense is not subject to recall and resentencing under Proposition 47. 		Criminal Law and Procedure Nov. 25, 2015
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