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People v. Vargas
Ample evidence showed that defendant actively participated in gang, was aware that its members engaged in criminal gang activity and promoted felonious conduct of its members.
Criminal Law and Procedure CASC Jul. 14, 2020
Modification: People v. Bradley
Belated assertion of right to a speedy trial is entitled to less weight than prompt assertion of such right.
Criminal Law and Procedure 3DCA Jul. 14, 2020
People v. Soto
Petitioner was not eligible for relief under Senate Bill 1437, because jury instructions demonstrated he was not convicted under natural and probable consequences theory.
Criminal Law and Procedure 6DCA Jul. 13, 2020
United States v. Pisarski
'United States v. McIntosh' hearing must focus on conduct underlying charge to determine whether defendants complied with state marijuana laws.
Criminal Law and Procedure 9th Jul. 13, 2020
Modification: People v. Cotsirilos
In ordinary infraction case, prosecution is not required to oppose motion to suppress by filing opposition brief or appearing at suppression hearing.
Criminal Law and Procedure 4DCA/1 Jul. 10, 2020
Modification: People v. Rosas
Probation exception for warrantless searches is inapplicable if police are unaware of probation search condition at the time.
Criminal Law and Procedure 2DCA/6 Jul. 8, 2020
United States v. Vandergroen
A 911 call may generate reasonable suspicion if it is reliable and provides information on potential serious illegal activity.
Criminal Law and Procedure 9th Jul. 8, 2020
United States v. Voris
Because defendant fired four shots at five officers, only four assault convictions were constitutionally permissible and one assault conviction was multiplicitous.
Criminal Law and Procedure 9th Jul. 8, 2020
Modification: People v. Padilla
Proposition 57 applies retroactively to juveniles tried as adults whose judgments are not final; thus, appellant was entitled to transfer hearing.
Criminal Law and Procedure 2DCA/4 Jul. 7, 2020
United States v. Many White Horses
Petitioner's special condition of supervised release prohibiting him from residing in town found to trigger his alcohol and drug related behavior was affirmed.
Criminal Law and Procedure 9th Jul. 7, 2020
United States v. Malik
Assessment of probable cause takes into account the totality of the circumstances known to the officers at the time of the search.
Criminal Law and Procedure 9th Jul. 7, 2020
People v. Campbell
Pandering statue, which omits the definition of 'procure,' is not unconstitutionally vague; the term has been defined in case law.
Criminal Law and Procedure 3DCA Jul. 2, 2020
Walker v. Superior Court (People)
When Sexually Violent Predator Act directs court to 'review the petition' in determining probable cause, it establishes hearsay exception, allowing consideration of expert evaluations on which petition necessarily depends.
Criminal Law and Procedure 1DCA/4 Jul. 2, 2020
In re Chavez
California Department of Corrections and Rehabilitation's regulation excluding sex offenders from early parole consideration is inconsistent with California Constitution Article I Section 32.
Criminal Law and Procedure 6DCA Jul. 2, 2020
People v. Castellanos
Defendant's probation condition requiring search of electronics was reasonable because cell phones are frequently used in transporting drugs and defendant was arrested for transportation of drugs.
Criminal Law and Procedure 6DCA Jul. 1, 2020
People v. Ruiz
Prosecution cannot prove 'corpus delicti' by relying exclusively on extrajudicial statements, confessions, or admissions of defendant because independent evidence showing harm is required.
Criminal Law and Procedure 1DCA/2 Jul. 1, 2020
People v. Duffy
Defendant's enhancements were stricken after he was improperly convicted for the same offense, possession of a concealed firearm in a vehicle, based on alternate legal theories.
Criminal Law and Procedure 3DCA Jun. 30, 2020
Bullock v. Superior Court (People)
Courts must demonstrate particularized nexus between COVID-19 pandemic and its inability to conduct timely preliminary hearing in order to extend time.
Criminal Law and Procedure 1DCA/5 Jun. 29, 2020
U.S. v. Cox
Defendant satisfied 'notice' requirement for child pornography conviction when she sent one-to-one electronic message to Dropbox account that contained child pornography.
Criminal Law and Procedure 9th Jun. 29, 2020
In re Scoggins
Defendant's conduct in planning unarmed assault and robbery, did not support robbery-murder special-circumstance finding because defendant did not know his accomplices would shoot and kill victim.
Criminal Law and Procedure CASC Jun. 26, 2020
People v. Stamps
Defendant was entitled to limited remand to allow him the opportunity to request relief under Senate Bill No. 1393, which might have consequences to his plea agreement.
Criminal Law and Procedure CASC Jun. 26, 2020
U.S. v. Johnson
Although government did not prove at trial that defendant knew of his status as convicted felon, court records contained information about his prior felony convictions and years served in prison.
Criminal Law and Procedure 9th Jun. 26, 2020
Modification: People v. Flores
Jury reasonably concluded defendant committed murder because defendant was with victim, he shot someone near his van, and returned without victim.
Criminal Law and Procedure CASC Jun. 26, 2020
People v. Mayfield
Trial court abused its discretion by striking one of respondent's prior strikes after he committed hate crime against pregnant African American woman.
Criminal Law and Procedure 4DCA/1 Jun. 25, 2020
People v. Bradley
Belated assertion of right to a speedy trial is entitled to less weight than prompt assertion of such right.
Criminal Law and Procedure 3DCA Jun. 25, 2020
United States v. Magdirila
Police officers' failure to precisely comply with Inglewood Police Department towing policy when they failed to completely fill out inventory form did not render search invalid.
Criminal Law and Procedure 9th Jun. 24, 2020
People v. Cotsirilos
In ordinary infraction case, prosecution is not required to oppose motion to suppress by filing opposition brief or appearing at suppression hearing.
Criminal Law and Procedure 4DCA/1 Jun. 23, 2020
People v. Aguilera
DEA's refusal to produce potentially exculpatory evidence did not deprive defendants of fair trial because DEA was not working on behalf of prosecution and was not part of investigation.
Criminal Law and Procedure 4DCA/1 Jun. 22, 2020
People v. Chen
In order for use of deadly force to be justified as defense, intrusion must threaten death or serious bodily harm.
Criminal Law and Procedure 4DCA/2 Jun. 22, 2020
Modification: People v. Thompkins
Kill zone theory does not apply where defendant merely subjected persons near primary target to lethal risk.
Criminal Law and Procedure 1DCA/4 Jun. 19, 2020