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People v. Marin
True finding on strike allegation reversed and defendant entitled to jury trial on whether his prior vehicular manslaughter conviction qualifies as a strike.
Criminal Law and Procedure Oct. 9, 2015
People v. Wolfgang
Sheriff's deputy's search of defendant's bedroom is not unreasonable although deputy acted on misinformation that defendant was on probation normally subject to search condition.
Criminal Law and Procedure Oct. 7, 2015
People v. Garcia
Improper imposition of three year enhancement requires stay; reduced 23-year sentence not cruel and unusual where defendant has chance for release within his lifetime.
Criminal Law and Procedure Oct. 7, 2015
People v. Nettles
Inmate not entitled to resentencing under Proposition 36 because he had disqualifying strikes for assault with intent to commit rape, a 'sexually violent offense.'
Criminal Law and Procedure Oct. 6, 2015
Maryland v. Kulbicki
Counsel's alleged failure to poke holes at then-uncontroversial ballistics evidence does not warrant reversal 11 years later when such evidence fell out of favor.
Criminal Law and Procedure Oct. 6, 2015
People v. Perez
Teenager avoids One Strike sentence to one of many crimes he was found guilty of in connection with kidnapping and sexual assault of victim.
Criminal Law and Procedure Oct. 5, 2015
People v. Poletti
Judgment affirmed where it is not reasonably probable defendant would prevail absent failure to disclose to jury his acquittal on uncharged rapes.
Criminal Law and Procedure Oct. 5, 2015
Raef v. Superior Court (People)
Papparazo cannot escape enhanced punishment for committing reckless driving and other traffic offenses with intent to capture Justin Beiber's image and others for commercial purposes.
Criminal Law and Procedure Oct. 2, 2015
People v. Riley
Insufficient evidence casino's CFO was employed by casino on two of the alleged dates requires reversal of commercial bribery convictions as to those counts.
Criminal Law and Procedure Oct. 2, 2015
People v. Armogeda
Courts must apply excess custody credits to adjusted sentences for eligible reclassified felony convictions under Proposition 47.
Criminal Law and Procedure Oct. 2, 2015
People v. Isom
Even where reimbursement policy allows retail store to recover losses caused by defendant's scheme of returning discounted items for full refunds, defendant still may be guilty of burglary.
Criminal Law and Procedure Oct. 2, 2015
People v. Lopez
Repetitive and strange romantic pursuits represent credible threat to support stalking conviction, though communications lacked any 'overt threats.'
Criminal Law and Procedure Oct. 2, 2015
People v. Toussain
Classification as a high risk sex offender remains controlling and requires parole supervision even where the individual reoffends and is released from prison after a new offense.
Criminal Law and Procedure Oct. 1, 2015
People v. Martinez
Where sentence is imposed but suspended as part of probation, trial court may not alter sentence when probation is revoked.
Criminal Law and Procedure Oct. 1, 2015
Conservatorship of Christopher B.
'Murphy conservatorship' cannot be imposed when there is insufficient evidence of a pending indictment in underlying criminal proceedings.
Criminal Law and Procedure Sep. 30, 2015
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 Sep. 30, 2015
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 Sep. 30, 2015
Hinojosa v. Davey
The 2010 amendment of California Penal Code Section 2933.6 violates the Ex Post Facto Clause as applied to prisoners who committed their underlying criminal offense prior to the amendment's enactment.
Criminal Law and Procedure Sep. 30, 2015
People v. Romeo
Advance knowledge of probation search conditions must be possessed by officers before they effect a warrantless search of probationers' residence.
Criminal Law and Procedure Sep. 30, 2015
People v. Scarbrough
California Penal Code Section 1170.18 does not grant trial court concurrent jurisdiction to resentence defendant while appeal is pending.
Criminal Law and Procedure Sep. 30, 2015
People v. Ortega
Forcible sexual penetration conviction reversed where defendant prejudiced by failure to instruct on lesser included offense of sexual battery.
Criminal Law and Procedure Sep. 30, 2015
U.S. v. Fowlkes
The 4th Amendment rights of an arrestee are violated when officers forcibly remove an unidentified item of unknown size from the detainee's rectum without medical training or a warrant.
Criminal Law and Procedure Sep. 29, 2015
People v. Sellner
Offender fails to overturn trial court order resentencing her to two years felony jail for receiving stolen property under Proposition 47.
Criminal Law and Procedure Sep. 25, 2015
U.S. v. Flores
Although government misrepresented testimony and misstated law on multiple occasions, defendant could not show the misconduct rose to level of plain error.
Criminal Law and Procedure Sep. 24, 2015
People v. Vasquez
Former tenant commits burglary in house he formerly lived in although it appeared uninhabited due to sparse belongings inside.
Criminal Law and Procedure Sep. 21, 2015
People v. Superior Court (Troyer)
Alleged deficiencies contained in evaluation reports do not constitute 'material legal error' and dismissal of sexually violent predator recommitment petition was thereby improper.
Criminal Law and Procedure Sep. 21, 2015
People v. Reese
Denial of opening statements and closing arguments transcript does not violate pro per defendant's equal protection rights.
Criminal Law and Procedure Sep. 18, 2015
U.S. v. Rosales-Gonzales
Trial court need not accede to sentencing departure purely on joint recommendation of parties; sentence upheld where application of Guidelines is reasonable, and not a manipulation to reach a desired sentence.
Criminal Law and Procedure Sep. 17, 2015
County of Los Angeles v. Financial Casualty & Surety Inc.
Writing hearing date on bond does not make defendant's appearance 'lawfully required' for bail forfeiture purposes.
Criminal Law and Procedure Sep. 17, 2015
People v. Brown
When defendant raises substantial evidence challenge, and unanimity instruction would otherwise have been required, review limited to whether sufficient evidence supports conviction based on act elected by prosecution.
Criminal Law and Procedure Sep. 16, 2015