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Name Category Published
U.S. v. Yang
No privacy rights exist in rental vehicle's historical location data if company's firm return policy is not adhered to.
Criminal Law and Procedure 9th May 5, 2020
People v. Davis
Remand not warranted where record clearly indicates trial court would not have stricken prior felony enhancement under SB 1393.
Criminal Law and Procedure 5DCA May 4, 2020
People v. Torres
Trial court's discretion is not unfettered when defendant satisfies requirements for compassionate release pursuant to Penal Code Section 1170.
Criminal Law and Procedure 4DCA/2 May 4, 2020
People v. Offley
Trial court erred in finding defendants were ineligible for relief under SB 1437 due to sentence enhancements for intentionally discharging a firearm and proximately causing death.
Criminal Law and Procedure 2DCA/1 May 4, 2020
Benson v. Chappell
In challenging his California death sentence for murder, petitioner failed to show state's determination was an unreasonable application of federal law.
Criminal Law and Procedure 9th May 4, 2020
People v. Guerrero
Simultaneous possession of contraband alone does not raise meaningful connection as required under Proposition 47's identity theft exception.
Criminal Law and Procedure CASC May 1, 2020
People v. Ashbey
Defendant was properly convicted of four counts of arson of forest land because Penal Code Section 450(b) is violated each time a burning, however small, occurs.
Criminal Law and Procedure 3DCA Apr. 30, 2020
Ayala v. Superior Court (People)
Under Emergency Rule 4, courts preserve their existing authority to increase bail from zero dollars; thus, superior court's implemented procedure was authorized.
Criminal Law and Procedure 4DCA/1 Apr. 30, 2020
People v. Bell
Defendant's Penal Code Section 667.5 enhancement allegations and accompanying terms were stricken in light of Senate Bill No. 1361.
Criminal Law and Procedure 2DCA/8 Apr. 29, 2020
People v. Bucio
Senate Bill 1437 is constitutional and does not conflict with Proposition 7; thus, defendant's petition for resentencing under SB 1437 should have been granted.
Criminal Law and Procedure 2DCA/6 Apr. 29, 2020
U.S. v. Ray
District court improperly excluded psychologist's testimony on ground that psychologist did not opine that defendant was unable to appreciate nature and quality of his acts.
Criminal Law and Procedure 9th Apr. 29, 2020
People v. Landowski
Substantial evidence supported conclusion that defendant knowingly associated with criminal street gang with specific intent to assist in criminal conduct by gang members.
Criminal Law and Procedure 3DCA Apr. 28, 2020
City of Almaty v. Khrapunov
City failed to state cognizable injury other than foreign theft of its funds, and thus failed to state RICO claim.
Criminal Law and Procedure 9th Apr. 23, 2020
People v. Torres
A self represented defendant who has attempted to Intimidate a witness can have his constitutional right to self-representation revoked.
Criminal Law and Procedure 2DCA/6 Apr. 22, 2020
People v. May
Failure to specify scienter for possession of machine gun, when one was specified for transportation, indicates Legislature intended crime of possession to be accomplished without knowledge.
Criminal Law and Procedure 3DCA Apr. 22, 2020
U.S. v. Baldon
Carjacking does not qualify as crime of violence under U.S.S.G. Section 4A1.1(e) because it criminalizes broader range of conduct than federal definition of 'crime of violence.'
Criminal Law and Procedure 9th Apr. 22, 2020
Ramos v. Louisiana
A jury must reach a unanimous verdict in order to convict defendants of serious offenses.
Criminal Law and Procedure USSC Apr. 21, 2020
People v. Drayton
When assessing petitioner's prima facie showing under Penal Code Section 1170.95, courts should assume all asserted facts in petition are true.
Criminal Law and Procedure 6DCA Apr. 21, 2020
U.S. v. Costanzo
Money laundering transactions where internet was used to transfer bitcoin to digital wallets of others affected interstate commerce.
Criminal Law and Procedure 9th Apr. 20, 2020
In re Shelton
Board of Parole Hearings failed to give due consideration to relevant factors in evaluating petitioner's parole applications.
Criminal Law and Procedure 1DCA/2 Apr. 17, 2020
People v. Broadbent
Firearm loaded with ammunition is part of 'indivisible course of conduct' under Penal Code Section 654 and thus, precludes defendant's multiple punishments.
Criminal Law and Procedure 3DCA Apr. 17, 2020
People v. Dennis
In order to make special finding of premeditation based on natural and probable consequences theory, jury was required to find attempted 'premeditated' murder was natural and probable consequence of target crime.
Criminal Law and Procedure 4DCA/3 Apr. 16, 2020
People v. Matthews
Defendant's four one-year enhancement terms under former Penal Code Section 667.5(b) must be stricken but remainder of sentences imposed under plea agreements should be left intact.
Criminal Law and Procedure 1DCA/2 Apr. 16, 2020
People v. Perlas
Parole revocation petition sufficiently alleged that the Department considered and rejected intermediate sanctions prior to seeking revocation and why intermediate sanctions were not appropriate.
Criminal Law and Procedure 1DCA/3 Apr. 15, 2020
Modification: People v. Corrales
Trial court's stay-away order was stricken because trial court did not have authority to grant the order under Penal Code Section 136.2.
Criminal Law and Procedure 2DCA/8 Apr. 15, 2020
Sannmann v. Dept. of Justice
Trial court erred by ordering DOJ to release its hold on plaintiff's gun purchase based on set-aside order of his felony, because set-aside order was an unauthorized act.
Criminal Law and Procedure 4DCA/1 Apr. 13, 2020
Amended Opinion: People v. Williams
Defendant's motion to dismiss parole revocation was properly denied because defendant's convictions were for serious and violent felonies under Penal Code Section 3008.08.
Criminal Law and Procedure 4DCA/1 Apr. 13, 2020
People v. Maya
Conduct in custody can satisfy the 'honest and upright life' requirement of Penal Code Section 1203.4a(a).
Criminal Law and Procedure CASC Apr. 10, 2020
People v. Williams
Defendant's motion to dismiss parole revocation was properly denied because defendant's convictions were for serious and violent felonies under Penal Code Section 3008.08.
Criminal Law and Procedure 4DCA/1 Apr. 10, 2020
People v. Arce
Penal Code Section 190.2(a)(22) is not unconstitutionally vague because it defines 'activity' through reference to Section 186.22(f) and implicitly specifies necessary state of mind.
Criminal Law and Procedure 1DCA/1 Apr. 10, 2020