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United States of America v. Christopher Michael Johnson
Under 'Fowler' a federal nexus must be shown in connection with an alleged offense under 18 U.S.C. Section 1512(b)(3). 		Criminal Law and Procedure 9th Nov. 3, 2017
People v. Lee
Penal Code Section 666.5 allegation does not prevent court from reducing 'wobbler' offenses to misdemeanors where Section 666.5 applies only to 'felony' convictions. 		Criminal Law and Procedure 5DCA Nov. 2, 2017
Modification: People v. Drew
Order denying untimely Proposition 36 resentencing petition for failure to show good cause affirmed where delay is substantial and 'nature and strength' of justification for delay is inadequate. 		Criminal Law and Procedure 4DCA/1 Nov. 2, 2017
People v. Francis
Gang enhancement for serious felony modified where trial court applies enhancement plainly meant for non-serious felonies. 		Criminal Law and Procedure 2DCA/3 Nov. 1, 2017
Serrano v. Superior Court (Los Angeles County Sheriff's Dept.)
'Pitchess' motion erroneously denied where potential 'Brady' material in officer's file existed and issue of officer's credibility sufficient to trigger in camera review. 		Criminal Law and Procedure 2DCA/1 Oct. 31, 2017
U.S. v. Kelly
Parent drug's isomer properly scheduled where Schedule I findings about parent drug justify scheduling isomer. 		Criminal Law and Procedure 9th Oct. 31, 2017
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 Oct. 27, 2017
People v. Buell
Revocation of mandatory supervision affirmed where conclusion that defendant consumed alcohol is corroborated by reliable expert testimony and data. 		Criminal Law and Procedure 1DCA/4 Oct. 27, 2017
People v. Harrison
Prosecution's failure to disclose digital in-car video of defendant's alleged confession, despite 'cryptic' reference in police report, constitutes 'Brady' violation, warranting reversal. 		Criminal Law and Procedure 2DCA/6 Oct. 27, 2017
Modification: Briggs v. Brown
Proposition 66--the Death Penalty Reform and Savings Act of 2016--upheld despite concerns over separation of powers, where measure's stated deadlines are directive rather than mandatory. 		Criminal Law and Procedure California Courts of Appeal Oct. 27, 2017
U.S. v. Wallen
Conviction for killing endangered species vacated and remanded where magistrate judge fails to apply 'subjective' good faith belief standard to defendant's self-defense theory. 		Criminal Law and Procedure 9th Oct. 26, 2017
People v. Mathews
Motion to suppress properly denied on estoppel grounds, where defendant gave false name to police and record check failed to reveal defendant was in fact subject to probation search condition. 		Criminal Law and Procedure 1DCA/1 Oct. 26, 2017
Modification: People v. Mooring
Criminalist's use of Indent-A-Drug Website to identify drugs found in defendants' possession do not violate hearsay law or confrontation clause. 		Criminal Law and Procedure 1DCA/5 Oct. 25, 2017
Gholipour v. Superior Court
Transferring court retains jurisdiction over restitution on remand until it determines the amount of restitution. 		Criminal Law and Procedure 4DCA/1 Oct. 25, 2017
People v. Malik
Defendant's confrontation rights violated under 'Sanchez' where prosecutor's cross-examination of defendant's PTSD expert involved case-specific testimonial hearsay not covered under any hearsay exception. 		Criminal Law and Procedure 3DCA Oct. 25, 2017
People v. Gonzales
Jury instructions regarding uncharged offenses may have been erroneous, but any error was not prejudicial to warrant reversal of child sex convictions. 		Criminal Law and Procedure 2DCA/6 Oct. 24, 2017
Modification: People v. Lin
Holding in 'People v. Sanchez' regarding expert's use of case-specific facts applies equally to cases involving commitments of mentally disordered offenders. 		Criminal Law and Procedure 2DCA/6 Oct. 24, 2017
Modification: People v. Bona
Mentally disordered offender fails to overturn commitment based on counsel's alleged failure to challenge trial court's repeated continuances of hearing on petition challenging determination. 		Criminal Law and Procedure 2DCA/6 Oct. 23, 2017
People v. Hahn
Court that terminates defendant’s probation does not thereby lack power to enforce jail sentence. 		Criminal Law and Procedure 2DCA/6 Oct. 20, 2017
People v. Rodriguez
Defendant with ankle monitor unsuccessful in challenging conviction for escaping from electronic monitoring program, where GPS data from monitor properly admitted. 		Criminal Law and Procedure 5DCA Oct. 20, 2017
Modification: Williams v. Superior Court (People)
Deputy district attorney's excusal of potential juror on hardship grounds during grand jury proceedings warrants dismissal of indictment. 		Criminal Law and Procedure 3DCA Oct. 19, 2017
U.S. v. Preston
Aggravated sexual abuse of child convictions reversed and new trial ordered due to evidentiary errors and prosecutorial misconduct. 		Criminal Law and Procedure 9th Oct. 18, 2017
People v. Warmington
Petition to redesignate conviction for embezzlement improperly denied where property embezzled was worth less than $950 and petitioner not otherwise ineligible for Proposition 47 relief. 		Criminal Law and Procedure 3DCA Oct. 18, 2017
People v. Lewelling
Conviction reversed where trial court's jury instruction directs jury to refer to other jury instruction that does not define essential element of charge. 		Criminal Law and Procedure 1DCA/2 Oct. 18, 2017
People v. Navarra
Proposition 57 does not apply retroactively to afford juvenile homicide offender sentenced to life without possibility of parole juvenile 'fitness hearing' under 'Montgomery v. Louisiana.' 		Criminal Law and Procedure 5DCA Oct. 17, 2017
People v. Drew
Order denying untimely Proposition 36 resentencing petition for failure to show good cause affirmed where delay is substantial and 'nature and strength' of justification for delay is inadequate. 		Criminal Law and Procedure 4DCA/1 Oct. 13, 2017
People v. Alaniz
Motion for new trial properly denied where defendant fails to show jury misconduct stemming from its discussion of defendant's failure to testify. 		Criminal Law and Procedure 2DCA/7 Oct. 12, 2017
People v. Pettie
Gang enhancements reversed where defendant had no opportunity to cross-examine source of testimonial hearsay. 		Criminal Law and Procedure 6DCA Oct. 12, 2017
Gonzalez v. Sherman
State court's alteration of presentence credits constitutes new intervening judgment allowing prisoner to file federal habeas petition that does not run afoul of AEDPA's prohibition on 'second or successive' petitions. 		Criminal Law and Procedure 9th Oct. 12, 2017
U.S. v. Bonnett
An obstruction of justice enhancement may be based upon a finding of the defendant's malingering. 		Criminal Law and Procedure 9th Oct. 11, 2017
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