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Birts v. Superior Court (San Mateo)
'Continuation rule' bars peremptory judicial challenge where prosecutor files second action with the same information as initial, voluntarily dismissed action, after unfavorable evidentiary rulings. 		Criminal Law and Procedure 1DCA/3 Apr. 13, 2018
People v. Watts
Trial court abuses its discretion by applying more exacting standard, from different Penal Code statute, to defendant's new trial motion. 		Criminal Law and Procedure 2DCA/1 Apr. 13, 2018
Modification: People v. Contreras
'Graham's' proscription on life-without-parole for juvenile nonhomicide offenders requires reconsideration of 50+ year sentences for 16-year-olds convicted of kidnapping and rape. 		Criminal Law and Procedure 4DCA/1 Apr. 13, 2018
Modification: People v. Diaz
Convictions for murder and attempted carjacking both stand where attempted carjacking is not necessarily included in murder offense. 		Criminal Law and Procedure 5DCA Apr. 12, 2018
People v. Lopez
Where defendant appears to have no improper motive, request to retain new counsel, even after case was ongoing for two years prior to trial, should have been granted. 		Criminal Law and Procedure 1DCA/1 Apr. 12, 2018
People v. Barboza
Proposition 57, which abolishes 'direct filing of criminal charges of juveniles in adult criminal court,' does not apply retroactively to defendant with final judgment. 		Criminal Law and Procedure 1DCA/1 Apr. 10, 2018
People v. Almanza
Though statutory amendment allows trial court retroactive discretion to strike previously-mandatory enhancement, no purpose to remand where trial court had evinced 'no desire to be lenient' with first degree murder defendant. 		Criminal Law and Procedure 2DCA/6 Apr. 10, 2018
People v. Beatty
Jurisdiction proper against criminal defendant where 'preliminary arrangements' for crimes take place in prosecuting forum, whether or not crime's culmination occurs there. 		Criminal Law and Procedure 3DCA Apr. 9, 2018
U.S. v. Gilmore
Prohibition on Department of Justice's use of appropriated funds to prevent state laws authorizing use, distribution, possession, or cultivation of medical marijuana does not prohibit prosecution of defendants who cultivate marijuana on federal land. 		Criminal Law and Procedure 9th Apr. 6, 2018
People v. Buza
Guided by U.S. Supreme Court holding on DNA cheek swab collection, California Supreme Court finds such collection not unreasonable when required of serious felony arrestee. 		Criminal Law and Procedure 1DCA/2 Apr. 3, 2018
In re Butler
Due to legislature passing SB 203 in 2015, Board of Parole Hearings is now relieved of its obligations to calculate base terms of an indeterminate sentence when determining whether an inmate is suitable for release. 		Criminal Law and Procedure 1DCA/2 Apr. 3, 2018
People v. Johnson
Warrrantless search valid under the automobile exception where probable cause existed; that the vehicle was two blocks away from the suspect was immaterial. 		Criminal Law and Procedure 2DCA/7 Mar. 30, 2018
People v. Vela
Per 'In re Estrada,' statutory amendment giving trial court discretion to strike firearm enhancement applies retroactively to case not yet final on appeal. 		Criminal Law and Procedure 4DCA/3 Mar. 30, 2018
People v. Martinez
Mere fact that Prop 47's resentencing provision does not enumerate specific statute of petitioner's conviction does not nullify petitioner's eligibility for resentencing. Nonetheless, resentencing denial affirmed because would have been guilty of felony had initiative been in effect at time of offense. 		Criminal Law and Procedure 4DCA/2 Mar. 30, 2018
People v. Samuels
Separately imposed criminal and revocation terms based on unrelated conduct do not allow previously incarcerated person to correct credits on his probation, under the "split sentence" program of The Criminal Justice and Realignment Act. 		Criminal Law and Procedure 2DCA/6 Mar. 29, 2018
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 Mar. 29, 2018
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 Mar. 28, 2018
U.S. v. Shaw
Argument as to jury instruction raised for first time at Supreme Court not fairly presented to district or appeals court; in any event, error harmless in face of 'overwhelming' evidence. 		Criminal Law and Procedure 9th Mar. 28, 2018
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 Mar. 26, 2018
People v. Mendez
Modified jury instruction asking jurors to base their finding on a particular outcome that was entirely speculative was misleading and thus had a prejudicial effect led to reversible error. 		Criminal Law and Procedure 1DCA/1 Mar. 26, 2018
U.S. v. Kootswatewa
Statements made to medical expert that identify defendant and describe harm suffered are exception to hearsay where statements are made for purpose of medical diagnosis or treatment. 		Criminal Law and Procedure 9th Mar. 26, 2018
U.S. v. Paixao
Recipient of Veterans Affairs federal assistance need not be primary beneficiary to be convicted under federal statute forbidding misuse of 'benefits' derived from federal assistance program. 		Criminal Law and Procedure 9th Mar. 23, 2018
People v. Diaz
Convictions for murder and attempted carjacking both stand where attempted carjacking is not necessarily included in murder offense. 		Criminal Law and Procedure 5DCA Mar. 22, 2018
Ayestas v. Davis
Court misinterprets 18 U.S.C. Section 3599(f) where it interprets the section as requiring funding applicant to show ‘substantial need’ to obtain funds provided by section. 		Criminal Law and Procedure USSC Mar. 22, 2018
People v. Tran
Case remanded where juvenile sentencing hearing precedes decision that affords such offenders right to present evidence for possibility of future parole. 		Criminal Law and Procedure 4DCA/3 Mar. 21, 2018
People v. Aguirre
Total amount of counterfeit currency possessed by defendant properly determines whether defendant qualifies for Prop 47 resentencing based on $950 benchmark. 		Criminal Law and Procedure 1DCA/1 Mar. 20, 2018
People v. Cabrera
Revisiting and vacating a sentencing court's conclusions that defendant's prior convictions were serious felonies under relevant statutes is beyond the scope of Section 1170.126 of the Three Strikes Reform Act. 		Criminal Law and Procedure 3DCA Mar. 20, 2018
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 Mar. 19, 2018
People v. Almanza
Though statutory amendment allows trial court retroactive discretion to strike previously-mandatory enhancement, no purpose to remand where trial court had evinced 'no desire to be lenient' with first degree murder defendant. 		Criminal Law and Procedure 2DCA/6 Mar. 19, 2018
People v. Mireles
Defendant properly convicted of robbery where he swaps price tags of items in store and swings fist at worker attempting to prevent his taking. 		Criminal Law and Procedure 2DCA/1 Mar. 14, 2018
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