Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
E058915
|
People v. Toure
Exigent circumstances allow for warrantless, non-consensual blood draw of resistant drunk driver, but sentence exceeds limit. |
Criminal Law and Procedure |
|
Jan. 7, 2015 | |
E060210
|
People v. Superior Court (Burton)
Trial court cannot postpone prisoner’s Proposition 36 resentencing petition to later reconsider prisoner’s dangerousness and eligibility for relief. |
Criminal Law and Procedure |
|
Jan. 7, 2015 | |
B244487
|
People v. Solis
Convictions for uncharged but related, lesser offenses may stem from one charged offense. |
Criminal Law and Procedure |
|
Jan. 7, 2015 | |
E060260
|
People v. Superior Court (Williams)
Trial court cannot postpone prisoner’s Proposition 36 resentencing petition to later reconsider prisoner’s dangerousness and eligibility for relief. |
Criminal Law and Procedure |
|
Jan. 7, 2015 | |
S213003
|
Hudec v. Superior Court (People)
Respondent may not be compelled to testify at trial for extension of his not-guilty-by-reason-of-insanity commitment. |
Criminal Law and Procedure |
|
Jan. 6, 2015 | |
S076339
|
People v. Grimes
Exclusion of accomplice’s statements regarding defendant’s lack of participation in killing does not warrant reversal of felony murder death sentence. |
Criminal Law and Procedure |
|
Jan. 6, 2015 | |
D064995
|
People v. Aparicio
Abuse of discretion deemed appropriate standard in denial of Proposition 36 resentencing. |
Criminal Law and Procedure |
|
Jan. 6, 2015 | |
12-10544
|
U.S. v. Gladding
After prosecution, government bears burden of proof in property return disputes. |
Criminal Law and Procedure |
|
Jan. 5, 2015 | |
13-50101
|
U.S. v. Gnirke
Sentencing court may not restrict offender’s access to non-pornographic depictions of adult sexual conduct as condition of supervised release. |
Criminal Law and Procedure |
|
Jan. 5, 2015 | |
09-99017
|
Mann v. Ryan
Prisoner is entitled to habeas relief where state court applied wrong standard in assessing prejudice due to counsel’s allegedly defective performance during sentencing. |
Criminal Law and Procedure |
|
Dec. 30, 2014 | |
F067223
|
People v. Franco
Trial court may, but is not required to, obtain supplemental probation report in determining whether resentencing inmate would pose danger to public safety. |
Criminal Law and Procedure |
|
Dec. 24, 2014 | |
F067279
|
People v. Losa
Trial court properly denies third strike offender’s resentencing petition because equal protection does not require proof beyond reasonable doubt on dangerousness. |
Criminal Law and Procedure |
|
Dec. 23, 2014 | |
13-50528
|
U.S. v. Alvarado-Pineda
Noncitizen is ineligible for removal relief because theft conviction in Washington, coupled with 14-month sentence, constitutes aggravated felony. |
Criminal Law and Procedure |
|
Dec. 22, 2014 | |
C074049
|
People v. Noyan
Sentencing scheme applicable to persons bringing contraband to custodial facility violates equal protection because it imposed unequal sentence depending on type of contraband. |
Criminal Law and Procedure |
|
Dec. 19, 2014 | |
F067838
|
People v. Payne
Three strikes offender’s resentencing petition is properly denied because preponderance of evidence showed he posed unreasonable risk of danger to public. |
Criminal Law and Procedure |
|
Dec. 19, 2014 | |
F067946
|
People v. Valencia
Three strikes offender is not entitled to resentencing relief because new definition of ‘unreasonable risk of danger to public safety’ does not apply to him. |
Criminal Law and Procedure |
|
Dec. 18, 2014 | |
13-604
|
Heien v. North Carolina
Traffic stop does not violate Fourth Amendment although officer erroneously thought driver broke law for having only one working brake light. |
Criminal Law and Procedure |
|
Dec. 16, 2014 | |
12-10471
|
U.S. v. Garcia-Santana
Using contemporary sources methodology, conspiracy to commit burglary does not constitute aggravated felony that would render petitioner ineligible for removal relief. |
Criminal Law and Procedure |
|
Dec. 16, 2014 | |
13-15845
|
U.S. v. Reves
Court lacks jurisdiction over petitioner’s motion to vacate sentence where motion was filed day after probation ended because petitioner was no longer in custody. |
Criminal Law and Procedure |
|
Dec. 16, 2014 | |
D063793
|
People v. Mason
Felon’s possession of firearm on four specified dates only supports conviction of single offense because his possession was continuous throughout those dates. |
Criminal Law and Procedure |
|
Dec. 16, 2014 | |
B254183
|
People v. Walker
Drunk driver must pay restitution to all named and unnamed victims in eight-car accident that was treated as single incident. |
Criminal Law and Procedure |
|
Dec. 15, 2014 | |
E061117
|
People v. Superior Court (Ward)
Trial court erroneously finds that offender’s flash incarcerations did not constitute custodial sanctions for purposes of his eligibility for early release from supervision. |
Criminal Law and Procedure |
|
Dec. 15, 2014 | |
S213894
|
Packer v. Superior Court (People)
Trial court errs in failing to hold evidentiary hearing on recusal motion to resolve dispute related to defendant’s relationship with prosecutor’s children, warranting reversal. |
Criminal Law and Procedure |
|
Dec. 12, 2014 | |
C067260
|
People v. Hernandez
Juvenile offender’s sentence of 61 years to life constitutes cruel and unusual punishment despite new law allowing him to seek parole within his lifetime. |
Criminal Law and Procedure |
|
Dec. 12, 2014 | |
12-50598
|
U.S. v. Camou
Warrantless search of arrestee’s cell phone is unconstitutional because it occurred more than one hour after arrest and intervening acts made search unreasonable. |
Criminal Law and Procedure |
|
Dec. 12, 2014 | |
H037353
|
People v. Sanchez
Juvenile offender’s life sentence without parole is overturned in light of recent U.S. and California Supreme Court decisions requiring consideration of ‘attributes of youth’ during sentencing. |
Criminal Law and Procedure |
|
Dec. 12, 2014 | |
E059859
|
People v. Gonzalez
Gang member who flashed gang signs, gun fingers, and throat slashing gestures at off-duty officers may be prosecuted for criminal threats. |
Criminal Law and Procedure |
|
Dec. 11, 2014 | |
D064639
|
Maas v. Superior Court (People)
Habeas corpus petitioner has absolute right to peremptory challenge judge assigned to his case, whom petitioner claimed was biased against him. |
Criminal Law and Procedure |
|
Dec. 11, 2014 | |
A139464
|
People v. Rahbari
Businessman may escape paying entire $100,300 in restitution where trial court imposed split sentence on his conviction for passing checks with insufficient funds. |
Criminal Law and Procedure |
|
Dec. 11, 2014 | |
B246522
|
People v. Murillo
Mistrial in murder case must be granted when witness refused to answer over 100 leading questions by prosecutor about his out-of-court statements identifying shooter. |
Criminal Law and Procedure |
|
Dec. 9, 2014 |