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People v. Thomas
No reasonable suspicion to detain or patsearch defendant because police received general physical description of person 'harassing' customers, in area with significant foot traffic, when officers arrived two and a half hours later. 		Criminal Law and Procedure 3DCA Dec. 11, 2018
C.S. v. Superior Court
So long as substantial evidence supports a juvenile court's finding that the offense weighed in favor of transfer to adult/criminal court, court need not explicitly articulate how it weighed the evidence. 		Criminal Law and Procedure 6DCA Dec. 10, 2018
People v. Johnson
When postrelease community supervision is revoked and later reinstated, the period of revocation does not automatically extend the length of the originally imposed period of supervision. 		Criminal Law and Procedure California Courts of Appeal Dec. 10, 2018
People v. Sun
Trial court erred in convicting a criminal defendant under two conflicting statutes when one is a specific statute covering the alleged conduct and the other is a general statute. 		Criminal Law and Procedure 4DCA/3 Dec. 6, 2018
People v. Berch
Unless a defendant so stipulates, a commissioner is barred from conducting a parole revocation hearing, as it is not classified as a subordinate judicial duty under 'People v. Miller.' 		Criminal Law and Procedure 4DCA/3 Dec. 6, 2018
People v. Lavoie
Counsel's failure to object to substantive amendments of charged enhancements at sentencing constitutes ineffective assistance of counsel and the enhancement cannot be upheld. 		Criminal Law and Procedure 4DCA/2 Dec. 5, 2018
U.S. v. Sineneng-Smith
8 U.S.C. Section 1324(a)(1)(A)(iv) unconstitutionally overbroad in violation of the First Amendment because it criminalizes a substantial amount of protected expression in relation to its narrow legitimate sweep; thus defendant's convictions reversed. 		Criminal Law and Procedure 9th Dec. 5, 2018
People v. Neal
Trial court violated defendant's statutory rights when requiring a probation officer, rather than the court itself, to determine the amount of supervision fees imposed against defendant at sentencing. 		Criminal Law and Procedure 1DCA/2 Dec. 4, 2018
People v. Buenrostro
A state statute establishing procedures to determine whether a person 'lacks capacity to understand the proceedings against him due to mental disease,' is facially adequate in protecting his due process rights. 		Criminal Law and Procedure CASC Dec. 4, 2018
People v. Miracle
The role advisory counsel assumed was 'the functional equivalent' of counsel under Penal Code Section 1018; thus advisory counsel's consent of defendant's guilty plea to capital murder charge affirmed. 		Criminal Law and Procedure CASC Dec. 4, 2018
People v. Garcia
'Exceedingly low bar' to defeat Penal Code Section 995 motion; where evidence would lead ordinary person to entertain 'strong suspicion' of defendant's guilt, motion must be denied. 		Criminal Law and Procedure 6DCA Dec. 4, 2018
People v. Gomez
Although prosecution's argument that defendant was dangerous because he attacked officers who shared his ethnic background was improper because it could compromise jury's impartiality, the error was harmless; thus, death sentence affirmed. 		Criminal Law and Procedure CASC Nov. 30, 2018
People v. Bonilla
On appeal when ineffective assistance is being claim, if it is easier to dispose of the claim on the ground of lack of prejudice, then that course should be followed. 		Criminal Law and Procedure 3DCA Nov. 30, 2018
People v. Fish
No unfairness exists in requiring a defendant to assume the burden of presenting evidence of the facts on which he relied, provided they are not peculiarly within the government's knowledge or control. 		Criminal Law and Procedure 2DCA/6 Nov. 29, 2018
People v. Morales
The trial court properly denied a last minute motion to substitute counsel when it would require a continuance that would result in psychological harm to a child. 		Criminal Law and Procedure 6DCA Nov. 29, 2018
U.S. v. Kirkland
A partially assembled homemade bomb is sufficient to be considered a 'destructive device' for conviction purposes when the only missing parts could be readily assembled into the bomb. 		Criminal Law and Procedure 9th Nov. 29, 2018
People v. Cisneros-Ramirez
A criminal defendant's knowing, intelligent, and voluntary waiver of a right to appeal contained in a plea agreement validly precludes appellate courts review of a pre-trial motion to suppress. 		Criminal Law and Procedure 4DCA/3 Nov. 28, 2018
Modification: People v. Kelly
Proposition 47 modified washout provisions of Penal Code Section 667.5(b); thus, after defendant's felony convictions were reclassified, more than 5 years passed from his latest felony conviction and washout rule applied. 		Criminal Law and Procedure 5DCA Nov. 28, 2018
U.S. v. Tydingco
A district court's jury instruction requiring a defendant's objective and not a subjective standard in defining 'reckless disregard' amounted to plain error and a miscarriage of justice. 		Criminal Law and Procedure 9th Nov. 28, 2018
U.S. v. Chilaca
Under 18 U.S.C. Section 2252(a)(4)(B), simultaneous possession of child-pornography images, stored in different media and found in the same location, does not create separate 'allowable units of prosecution.' 		Criminal Law and Procedure 9th Nov. 27, 2018
People v. Rodas
When a formerly incompetent defendant has been restored to competence through medication, evidence of the defendant no longer taking his medication and again exhibiting signs of incompetence calls for a competency hearing. 		Criminal Law and Procedure CASC Nov. 27, 2018
People v. Stutelberg
Because a box cutter is not an 'inherently deadly weapon' as a matter of law, inclusion of such language in jury instruction was prejudicial error where defendant merely swung at victim. 		Criminal Law and Procedure 4DCA/1 Nov. 26, 2018
People v. Caldwell
Evidence supporting defendant's contention that he was not the shotgun shooter who murdered victim was eclipsed by the evidence of his role in the murder; thus, factual innocence motion properly denied. 		Criminal Law and Procedure California Courts of Appeal Nov. 19, 2018
People v. Acosta
If a single count or case is dismissed, prison term enhancements remain available for sentencing purposes because they are imposed on the aggregate sentence and not to a particular count or case. 		Criminal Law and Procedure 2DCA/6 Nov. 14, 2018
People v. Baldivia
Plea agreement incorporates subsequent changes in the law so long as Legislature intended those changes to apply; thus, defendant entitled to juvenile fitness hearing and, if necessary, a resentencing hearing. 		Criminal Law and Procedure 6DCA Nov. 7, 2018
Maquiz MacDonald v. Hedgpeth
No rational juror could have found from the evidence presented at trial that all allegations required for the gang sentencing enhancement were true; thus petition for habeas relief should have been granted. 		Criminal Law and Procedure 9th Nov. 6, 2018
Caretto v. Super. Ct.
A court is required to identify how much stolen property, such as stolen debit cards, sell for (fair market value) in order to determine whether Proposition 47's misdemeanor resentencing applies. 		Criminal Law and Procedure 2DCA/8 Nov. 5, 2018
Modification: People v. Bedolla
Carrying a loaded firearm while in a public place was a crime of moral turpitude because the crime involved a 'general readiness to do evil;' thus, the evidence was admissible to impeach defendant. 		Criminal Law and Procedure 6DCA Nov. 5, 2018
People v. Clemmons
In an information filed in Los Angeles County, appellants Bennett Cook and Will Jones, with defendants Clemmons and James Jones, were charged with two counts of armed robbery in that on January 20, 1956, they unlawfully took by force from Robert L. Parsons money and merchandise of the value of $65, and from James T. Jeffery $25, and that each had prior felony convictions. Each defendant plead not guilty and admitted the prior convictions. The jury found each guilty as charged and fixed the degree in each instance as robbery in the first degree. Motions for a new trial and probation were made by the appellants and each such motion was denied, and each defendant was sentenced to the state prison. This appeal is by Bennett Cook and Will Jones from the judgments. 		Criminal Law and Procedure 2DCA/1 Nov. 5, 2018
People v. Franske
For purposes of Penal Code Section 495.5 and Proposition 47 relief, a "commercial establishment" is one that is primarily engaged in the buying and selling of goods or services. 		Criminal Law and Procedure 3DCA Nov. 2, 2018
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