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Name Category Published
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
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
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
U.S. v. Pedrin
Order
Criminal Law and Procedure Nov. 24, 2015
Shelton v. Marshall
Order
Criminal Law and Procedure Nov. 24, 2015
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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