Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
G051368
|
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. 3, 2015 | |
D066741
|
People v. Woods
Sex offender who continually abused, impregnated teenager may possibly receive reduced sentence for child sex abuse convictions due to instructional error. |
Criminal Law and Procedure |
|
Nov. 3, 2015 | |
A140050
|
People v. DeLeon
Superior courts are not required to conduct preliminary probable cause hearings before revoking parole where timely, single hearing procedure suffices. |
Criminal Law and Procedure |
|
Oct. 30, 2015 | |
B262300
|
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 |
|
Oct. 30, 2015 | |
D068758
|
Donorovich-Odonnell v. Harris
Plaintiffs unsuccessful in challenge to law that could be used to prosecute physicians who provide aid-in-dying to terminally ill persons. |
Criminal Law and Procedure |
|
Oct. 30, 2015 | |
B243376
|
People v. Leeds
Murder conviction is reversed and remanded for new sanity trial where court erroneously instructs jury on self-defense by applying objective rather than subjective standard. |
Criminal Law and Procedure |
|
Oct. 29, 2015 | |
F068226
|
People v. Bridgeford
Court's failure to apply 'Maryland v. Shatzer' and ensuing prejudice requires reversal of first degree murder convictions. |
Criminal Law and Procedure |
|
Oct. 29, 2015 | |
13-10580
|
U.S. v. Myers
Judiciary's participation in plea negotiations, although improper, does not warrant reversal of criminal judgment where error was not prejudicial. |
Criminal Law and Procedure |
|
Oct. 29, 2015 | |
B261512
|
People v. Etheridge
Man who stole steak in 1996 was not unlawfully imprisoned and, thus, was not entitled to finding of factual innocence under Penal Code Section 1485.55(b). |
Criminal Law and Procedure |
|
Oct. 28, 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 |
|
Oct. 28, 2015 | |
B259137
|
People v. White
Specific intent not required for assault on peace officer where appellant throws metal showerhead at reinforced glass with sufficient force to shatter glass and hit officers. |
Criminal Law and Procedure |
|
Oct. 28, 2015 | |
E059613
|
People v. Mendoza
Trial court's neglect deprived it of jurisdiction to sentence probationer with respect to probation offense. |
Criminal Law and Procedure |
|
Oct. 27, 2015 | |
S152737
|
People v. Cordova
Rejecting defendant's multiple claims, imposition of death sentence affirmed on automatic appeal. |
Criminal Law and Procedure |
|
Oct. 27, 2015 | |
13-17327
|
Crittenden v. Chappell
Prosecutor's exclusion of sole African-American was motivated in substantial part by prospective juror's race, warranting habeas corpus relief. |
Criminal Law and Procedure |
|
Oct. 27, 2015 | |
E062760
|
People v. Page
Where 'wobbler' language remains in penal code section after passage of Prop 47, trial court does not err in denying resentencing petition. |
Criminal Law and Procedure |
|
Oct. 26, 2015 | |
14-10124
|
U.S. v. Ochoa
Sentence is not final when there is no formal break in the proceedings and court does not lack jurisdiction to revise sentence upwards during hearing. |
Criminal Law and Procedure |
|
Oct. 23, 2015 | |
14-50261
|
U.S. v. Eyraud
Restitution award properly covers additional attorney fees incurred by company in investigating extent of worker's embezzlement. |
Criminal Law and Procedure |
|
Oct. 23, 2015 | |
14-30232
|
U.S. v. Conti
'United States v. Caldwell' overruled to the extent it conflicts with 'Neder v. United States;' jury instruction error is not structural error warranting automatic reversal. |
Criminal Law and Procedure |
|
Oct. 22, 2015 | |
D066741
|
People v. Woods
Sex offender who abused impregnated teenager daily may possibly escape some child sex abuse convictions due to instructional error. |
Criminal Law and Procedure |
|
Oct. 21, 2015 | |
12-10273
|
U.S. v. Mahon
Scottsdale's Diversity Office has sufficient nexus to interstate commerce to support defendant's conviction involving pipe bomb explosion. |
Criminal Law and Procedure |
|
Oct. 21, 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 |
|
Oct. 21, 2015 | |
A140279
|
People v. Douglas
Detention justified based on officer's objectively reasonable conclusion that defendant was on post-risk community supervision probation and therefore subject to detention and search. |
Criminal Law and Procedure |
|
Oct. 20, 2015 | |
B262126
|
People v. Grayson
Defendant not eligible for reduction of sentence under Prop. 47-enacted Penal Code Section 490.2 because his crimes fall outside the scope of that section. |
Criminal Law and Procedure |
|
Oct. 20, 2015 | |
H038422
|
People v. Edwards
Trial errors related most directly to gang allegations do not warrant reversal where jury deadlocked on gang allegations, resulting in no prejudice to defendant. |
Criminal Law and Procedure |
|
Oct. 19, 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 |
|
Oct. 19, 2015 | |
A144390
|
People v. Rivas-Colon
Shoplifter ineligible for resentencing on his second degree burglary conviction where value of stolen property exceeded $950 statutory threshold. |
Criminal Law and Procedure |
|
Oct. 19, 2015 | |
13-10561
|
U.S. v. Mobley
Man fails to overturn convictions stemming from gun deal with informant and undercover ATF agent gone wrong. |
Criminal Law and Procedure |
|
Oct. 16, 2015 | |
S216648
|
People v. Goolsby
Lesser related arson of property offense can be retried where it was prosecuted in single proceeding along with arson of an 'inhabited structure or inhabited property.' |
Criminal Law and Procedure |
|
Oct. 16, 2015 | |
S055856
|
People v. Romero and Self
Uncorroborated accomplice testimony warrants reversal of robbery conviction, but penalty judgment unaffected given nature of additional crimes. |
Criminal Law and Procedure |
|
Oct. 16, 2015 | |
A145052
|
People v. Linn
Defendant was unlawfully detained prior to police obtaining evidence of driving under the influence, requiring suppression of evidence. |
Criminal Law and Procedure |
|
Oct. 12, 2015 |