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People v. Perez
Appellate court was correct to conclude that a defendant was ineligible for relief under Prop 36 because he was armed with a deadly weapon and therefore was ineligible for re-sentencing; that the weapon was a vehicle is immaterial. 		Criminal Law and Procedure 5DCA May 8, 2018
People v. Reed
Court does not abuse its discretion in refusing to grant continuance where court finds that continuance would significantly burden all parties involved in trial. 		Criminal Law and Procedure California Courts of Appeal May 8, 2018
People v. Billingsley
Though court noted it would likely not have stayed mandatory firearm enhancement even if it had discretion to do so, remand necessary for reconsideration after statutory amendments grant such discretion. 		Criminal Law and Procedure 2DCA/7 May 4, 2018
People v. Brady
Self-defense requires defendant have subjectively-held objectively reasonable belief that bodily injury was imminent, and 'reasonable' standard is not particularized to specific defendant's personal traits, disabilities or mental disorders. 		Criminal Law and Procedure 4DCA/1 May 3, 2018
U.S. v. Rivero
'Knowing' requirement in statute forbidding illegal smuggling does not require that showing that defendant knew his smuggled items were illegal. 		Criminal Law and Procedure 9th May 3, 2018
People v. Garcia
Court not authorized to sentence postrelease community supervision violator to term of confinement to run consecutively with prison term in another, separate case. 		Criminal Law and Procedure 2DCA/6 May 3, 2018
People v. Bocklett
Penal Code Section 3000(a)(4)’s tolling provision does not violate defendant’s constitutional right to equal protection. 		Criminal Law and Procedure 4DCA/1 May 2, 2018
People v. Flint
Not-guilty-by-reason-of-insanity defendants and sexually-violent predator defendants are similarly situated; court must consider equal protection argument as to whether latter may be compelled to testify where former is not. 		Criminal Law and Procedure 1DCA/4 May 2, 2018
People v. Soto
Voluntary intoxication evidence may not be admitted to show whether murder defendant subjectively believed he was acting in reasonable self-defense. 		Criminal Law and Procedure 6DCA May 1, 2018
U.S. v. Misraje
A district court did not abuse its discretion when it revoked the supervised release of a convicted person. 		Criminal Law and Procedure 9th May 1, 2018
People v. Espinoza
Appeal dismissed because defendant fails to receive probable cause certificate, where defendant has previously entered a plea of no contest. 		Criminal Law and Procedure 1DCA/1 Apr. 30, 2018
Modification: People v. Harris
Criminal defendant whose case is already final may not benefit from the exception provided by Senate Bill No. 620, which allows firearm enhancements to be stricken at a trial court's discretion. 		Criminal Law and Procedure 3DCA Apr. 30, 2018
People v. Chavez
Because a trial court's authority to render judgment ends with the expiration of probation, the court has no power to dismiss a conviction under Penal Code Section 1385 once probation is complete. 		Criminal Law and Procedure 3DCA Apr. 27, 2018
People v. Daveggio & Michaud
Court's definition of reasonable doubt does not improperly lower standard of proof where there is no reasonable likelihood that jury misunderstood instructions to convict on insufficient proof. 		Criminal Law and Procedure CASC Apr. 27, 2018
U.S. v. Garrison
Evidence is sufficient to establish conspiracy where circumstantial evidence showing that defendant was major actor in conspiracy is sufficient to lead reasonable jury to convict for conspiracy. 		Criminal Law and Procedure 9th Apr. 26, 2018
People v. Harris
Criminal defendant whose case is already final may not benefit from the exception provided by Senate Bill No. 620, which allows firearm enhancements to be stricken at a trial court's discretion. 		Criminal Law and Procedure 3DCA Apr. 25, 2018
Amended Opinion: U.S. v. Shimabukuro
'Intermittent' confinement of defendant recalled from supervised release counts as time 'in prison' for purpose of statutory limits on confinement. 		Criminal Law and Procedure 9th Apr. 23, 2018
Modification: People v. Chavez
Totality of circumstances demonstrate that pretrial identification was not unduly suggestive, and was in any case reliable based on, e.g., victim's opportunity to clearly see assailant at time of crime. 		Criminal Law and Procedure 4DCA/1 Apr. 23, 2018
Upshaw v. Superior Court (Alameda)
A prisoner who sought to be transferred to an adjacent county detention facility by court motion was denied writ because she failed to exhaust her administrative remedies prior to seeking writ relief. 		Criminal Law and Procedure 1DCA/5 Apr. 20, 2018
People v. Sanders
Identity theft section not subject to reclassification under Prop 47, though amount taken using stolen identity is less than $950. 		Criminal Law and Procedure 4DCA/1 Apr. 19, 2018
People v. McDaniels
Not 'Griffin' violation where prosecutor remarks in closing arguments that defendant did not present alibi evidence. 		Criminal Law and Procedure 1DCA/1 Apr. 19, 2018
Modification: People v. Franklin
Conviction for premeditated and deliberate murder affirmed where court's erroneous response to jury's inquiry does not prejudice defendant. 		Criminal Law and Procedure 4DCA/1 Apr. 19, 2018
County of Los Angeles v. Los Angeles County Civil Service etc.
Where narrow Penal Code statutes cited by trial court in order do not allow for use of sought materials in administrative hearing, those narrow statutes control, whether or not trial court subsequently expressed intent that materials be used in such a context. 		Criminal Law and Procedure 2DCA/1 Apr. 19, 2018
Wilson v. Sellers
Federal habeas court should 'look through' unexplained state-court decision and presume that unexplained decision adopted same reasoning as last related state-court decision with relevant rationale where federal court reviews unexplained decision on merits. 		Criminal Law and Procedure USSC Apr. 18, 2018
People v. Jackson
Where evaluations overwhelmingly suggest defendant is incompetent to stand trial, occasional instances of rote comprehension of basic legal concepts does not suffice to demonstrate competence. 		Criminal Law and Procedure 4DCA/2 Apr. 18, 2018
U.S. v. Shimabukuro
'Intermittent' confinement of defendant recalled from supervised release counts as time 'in prison' for purpose of statutory limits on confinement. 		Criminal Law and Procedure 9th Apr. 16, 2018
People v. Maldonado
A probationer's condition, allowing warrantless searches of his electronic devices while on probation, was not unconstitutional because the probationer had been given fair warning and he had agreed to said search and seizures. 		Criminal Law and Procedure 6DCA Apr. 16, 2018
Modification: People v. Partee
Defendant's refusal to testify is sufficient to make defendant accessory after the fact to crime where defendant has duty to testify and intent to assist the perpetrator in avoiding punishment, trial, arrest, or conviction. 		Criminal Law and Procedure 2DCA/5 Apr. 16, 2018
People v. Perez
Trial counsel's failure to object to testimony of prosecution's gang expert constitutes forfeiture of defendant's right to challenge case-specific testimony under 'People v. Sanchez.' 		Criminal Law and Procedure 4DCA/2 Apr. 16, 2018
Modification: People v. Jordan
To promote judicial economy, Penal Code Section 1237.2 requires defendant to bring minor ministerial contention in original appeal that includes other, more substantial contentions. 		Criminal Law and Procedure 3DCA Apr. 16, 2018
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