Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
14-10475
|
U.S. v. Bare
Computer search condition properly imposed where nexus exists between offender's potential computer use conducting illicit firearms pawn business and need for deterrence. |
Criminal Law and Procedure |
|
Nov. 25, 2015 | |
B261828
|
People v. Acosta
Attempted burglary of a vehicle is not one of the offenses reduced to a misdemeanor under Proposition 47. |
Criminal Law and Procedure |
|
Nov. 24, 2015 | |
A144797
|
In re Amanda A.
Where probation violator stated intent to disobey future (though imminent) order of probation officer, such action does not constitute resisting or obstructing a peace officer under PC Section 148(a)(1). |
Criminal Law and Procedure |
|
Nov. 24, 2015 | |
11-10623
|
U.S. v. Pedrin
Order |
Criminal Law and Procedure |
|
Nov. 24, 2015 | |
13-15707
|
Shelton v. Marshall
Order |
Criminal Law and Procedure |
|
Nov. 24, 2015 | |
13-16273
|
Shirley v. Yates
Prisoner obtains habeas relief following court's error in denying 'Batson' claim alleging racial discrimination in prosecutor's dismissal of black veniremember. |
Criminal Law and Procedure |
|
Nov. 23, 2015 | |
14-10318
|
U.S. v. Dixon
Cal. Penal Code Section 211 criminalizes conduct not included in Armed Career Criminal Act definition of 'violent felony;' cannot serve as predicate 'violent felony' for mandatory minimum sentencing scheme of ACCA. |
Criminal Law and Procedure |
|
Nov. 23, 2015 | |
B257676
|
King v. State
Lack of substantial evidence requires reversal of Bane Act claim against CHP officer; unreasonable detention and search claim affirmed. |
Criminal Law and Procedure |
|
Nov. 20, 2015 | |
A142502
|
In re Martinez
Warden cannot validate prisoner as Mexican Mafia associate for participating in protest absent any 'direct link' between prisoner and gang affiliate who allegedly ordered the protest. |
Criminal Law and Procedure |
|
Nov. 20, 2015 | |
B263026
|
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 |
|
Nov. 20, 2015 | |
B264839
|
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 |
|
Nov. 19, 2015 | |
B255008
|
People v. Lee
Man who assaulted panhandler fails to overturn conviction with 'fruit of poisonous tree' argument, where challenged search warrant underlying assertion was erroneously quashed. |
Criminal Law and Procedure |
|
Nov. 17, 2015 | |
B263164
|
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 |
|
Nov. 17, 2015 | |
H041781
|
People v. Morris
Where former statute allowed for excess custody credits to apply to restitution fines at time of defendant's offense, said provision applies, though subsequent amendment proscribes such application. |
Criminal Law and Procedure |
|
Nov. 16, 2015 | |
14-56373
|
Jones v. Davis
Claim that excessive delay in imposing death penalty violates Eighth Amendment is barred because it asks court to apply novel constitutional issue. |
Criminal Law and Procedure |
|
Nov. 13, 2015 | |
C070296
|
People v. Nilsson
Aggravated white collar crime enhancement improperly imposed where prosecutor failed to plead two felonies were related. |
Criminal Law and Procedure |
|
Nov. 13, 2015 | |
D067554
|
People v. Gonzales
Grandson ineligible to reclassify felony conviction to misdemeanor shoplifting where his theft of grandmother's checks does not meet 'nonconsensual taking' element of larceny. |
Criminal Law and Procedure |
|
Nov. 13, 2015 | |
C071432
|
People v. Villasenor
Continuing interrogation after defendant invokes right to remain silent violates 'Miranda,' but overwhelming evidence of guilt renders error harmless. |
Criminal Law and Procedure |
|
Nov. 13, 2015 | |
E062947
|
People v. Garness
Receiving a stolen motor vehicle in violation of Cal. Penal Code Section 496d is not among offenses reduced to a misdemeanor by Proposition 47. |
Criminal Law and Procedure |
|
Nov. 10, 2015 | |
09-99023
|
Zapien v. Martel
California state prisoner fails to challenge destruction of audio tape recording of defense's strategy on due process grounds. |
Criminal Law and Procedure |
|
Nov. 10, 2015 | |
B261945
|
People v. Hoffman
Teen who forged parents' checks to support heroin addiction must be resentenced under Proposition 47, although total value of stolen checks exceeded $950 threshold. |
Criminal Law and Procedure |
|
Nov. 9, 2015 | |
B262023
|
People v. Buycks
Proposition 47 applies to on-bail enhancements (where defendant commits felony while on bail for earlier felony); where primary offense is reduced to a misdemeanor, on-bail enhancement cannot be applied. |
Criminal Law and Procedure |
|
Nov. 9, 2015 | |
B257775
|
People v. Farwell
Reversal not justified where entire record reveals defendant knowingly and voluntarily entered into stipulation although advisement of his constitutional rights was not contemporaneous with stipulation. |
Criminal Law and Procedure |
|
Nov. 9, 2015 | |
A143557
|
People v. Waters
Trial court lacks jurisdiction to order restitution two years after defendant's successful completion of probation. |
Criminal Law and Procedure |
|
Nov. 9, 2015 | |
13-30077
|
U.S. v. Dreyer
NCIS violates prohibition on use of military in civilian law enforcement, but suppression not needed where facts do not demonstrate suppression necessary for deterrence. |
Criminal Law and Procedure |
|
Nov. 5, 2015 | |
14-30145
|
U.S. v. Galan
In calculating restitution in child pornography case, losses attributable to actions of original abuser should be separated from those caused by defendant. |
Criminal Law and Procedure |
|
Nov. 5, 2015 | |
14-30198
|
U.S. v. Kowalczyk
Person whose competence is in question has non-waivable right to counsel, a role 'masterfully fulfilled' by appointed amicus. |
Criminal Law and Procedure |
|
Nov. 5, 2015 | |
F064909
|
People v. Bell
Any plea of once in jeopardy that presents a question of material fact must be resolved by a jury unless jury trial is waived. |
Criminal Law and Procedure |
|
Nov. 4, 2015 | |
13-56952
|
Wilkinson v. Gingrich
State court unreasonably applies rule of collateral estoppel when it upholds perjury conviction after defendant's acquittal in traffic court. |
Criminal Law and Procedure |
|
Nov. 4, 2015 | |
B250572
|
People v. Dokins
Failure to consider 'Miller v. Alabama' factors before imposing 90 year sentence on juvenile homicide offender results in reversal in sentence and remand. |
Criminal Law and Procedure |
|
Nov. 3, 2015 |