Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A147740
|
People v. Webb
Williamson rule inapplicable where violation of Section 530.5 cannot follow from violation of Section 148.9 and Vehicle Code Section 31; penalty assessments inapplicable to non-punitive fees; court must establish finding of defendant’s ability to pay attorney fees. |
Criminal Law and Procedure |
|
Jul. 14, 2017 | |
A149067
|
People v. Jeffrey G.
Defendant erroneously denied transfer to conditional release program pursuant to ‘Sanchez,’ which substantially limited expert testimony on case-specific hearsay evidence. |
Criminal Law and Procedure |
|
S. Margulies | Jul. 14, 2017 |
C078874
|
People v. Carothers
Inmate’s out-of-state murder conviction is not ineligible for Prop 36 resentencing, where Texas conviction ‘might not have been a murder’ under California law. |
Criminal Law and Procedure |
|
A. Hoch | Jul. 13, 2017 |
A147603
|
People v. Turner
Evidence of defendant’s prior arrest properly admitted to impeach his claim that police ‘planted’ loaded firearm and ammunition in his duffel bag. |
Criminal Law and Procedure |
|
J. Humes | Jul. 12, 2017 |
15-50480
|
U.S. v. Chavez-Cuevas
Sixteen-level sentence enhancement against repeat illegal border-crosser upheld where his prior robbery conviction in California constituted categorical crime of violence. |
Criminal Law and Procedure |
|
C. Bea | Jul. 11, 2017 |
C083356
|
Menefield v. Board of Parole Hearings
Life inmate unsuccessfully challenges regulation allowing parole board to consider ‘serious misconduct in prison or jail’ in determining suitability for parole. |
Criminal Law and Procedure |
|
R. Robie | Jul. 10, 2017 |
A147412
|
In re Taitano
Under specific circumstances of defendant’s case, Penal Code Section 1368 does not authorize trial court to hold new hearing on defendant’s mental competence. |
Criminal Law and Procedure |
|
H. Needham | Jul. 7, 2017 |
15-10354
|
U.S. v. Ochoa
Illegal reentry conviction overturned where underlying removal was based on prior conviction that did not categorically qualify as predicate offense. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Jul. 7, 2017 |
11-99008
|
Visciotti v. Martel
Regardless of whether petitioner's ineffective assistance of counsel claim are meritorious, Supreme Court's prior decision in case at hand precludes relief. |
Criminal Law and Procedure |
|
M. Berzon | Jul. 7, 2017 |
15-30279
|
U.S. v. Padilla-Diaz
Defendants’ motion to reduce sentences properly denied pursuant to Sentencing Commission’s Policy Statement where policy neither conflicted with Commission’s purpose nor violated equal protection. |
Criminal Law and Procedure |
|
W. Fletcher | Jul. 6, 2017 |
14-99006
|
Petrocelli v. Baker
Death sentence reversed in case where admission of psychiatric testimony during penalty phase violated defendant’s constitutional rights under ‘Estelle v. Smith.’ |
Criminal Law and Procedure |
|
W. Fletcher | Jul. 6, 2017 |
B269608
|
People v. Resendez
Gang enhancement properly imposed where defendant’s own character witnesses provided direct evidence of connection between gang and subsets that ‘Prunty’ required. |
Criminal Law and Procedure |
|
E. Grimes | Jul. 5, 2017 |
14-10224
|
U.S. v. Zapien
Drug offender’s suppression motion properly denied where questioning that followed his invocation of right to counsel fell under booking exception to ‘Miranda.’ |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Jul. 5, 2017 |
S223825
|
People v. Valencia
Proposition 47’s definition of ‘unreasonable risk of danger to public safety’ under Penal Code Section 1170.18(c), does not apply to Three Strikes Reform Act resentencing petitions. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Jul. 5, 2017 |
14-56159
|
Hall v. Haws
Petitioner convicted of first degree murder successful in reopening his case under Federal Rule of Civil Procedure Rule 60(b)(6) and in obtaining habeas relief. |
Criminal Law and Procedure |
|
H. Pregerson | Jul. 5, 2017 |
S228193
|
People v. Hopson
Admission of alleged co-perpetrator’s confession post-death violates defendant’s Sixth Amendment’s right to confront witnesses against her, resulting in reversal and remand. |
Criminal Law and Procedure |
|
L. Kruger | Jul. 5, 2017 |
13-56024
|
Godoy v. Spearman
En banc court grants convicted murderer habeas relief in case involving alleged misconduct of juror who had been texting ‘judge friend’ during trial. |
Criminal Law and Procedure |
|
R. Fisher | Jul. 3, 2017 |
16-10177
|
U.S. v. Perez-Silvan
Sentence enhancement for illegal entry after deportation conviction upheld where defendant's prior aggravated assault conviction under Tennessee law constitutes crime of violence. |
Criminal Law and Procedure |
|
D. O'Scannlain | Jun. 29, 2017 |
16-10039
|
U.S. v. Calvillo-Palacios
Threat and assault statutes necessarily require violent physical force and are thus properly classified as crimes of violence under U.S.S.G Section 2L1.2(b)(1)(A)(ii). |
Criminal Law and Procedure |
|
D. O'Scannlain | Jun. 29, 2017 |
14-50214
|
U.S. v. Hernandez
Conviction for illegal transportation of firearms into defendant's state of residence reversed, where it is unclear whether jury actually found defendant willfully committed charged conduct. |
Criminal Law and Procedure |
|
Jun. 15, 2017 | |
D069445
|
People v. Smith
On remand, appellate court finds no error in admitting defendant's statements that inculpates co-defendant in light of 'People v. Smith,' warranting affirmance of co-defendant's murder conviction. |
Criminal Law and Procedure |
|
Jun. 13, 2017 | |
D069888
|
People v. Wilford
Prosecutor's request to increase defendant's sentence after jury returned its verdict violated defendant's due process, warranting reversal and remand. |
Criminal Law and Procedure |
|
Jun. 13, 2017 | |
16-1177
|
Virginia v. LeBlanc
In narrow context presented, juvenile nonhomicide offender not entitled to habeas relief from life sentence where Virginia's 'geriatric release' program complied with mandates of 'Graham.' |
Criminal Law and Procedure |
|
Jun. 12, 2017 | |
15-30148
|
U.S. v. Brown
Where defendant is tried for publishing 'notice' or 'advertisement' of child pornography on members-only online bulletin board, he is not foreclosed by law from making defense that board's closed nature renders posting not a 'notice' or 'advertisement.' |
Criminal Law and Procedure |
|
Jun. 12, 2017 | |
15-16600
|
U.S. v. Gorman
Where initial traffic stop violates Fourth Amendment, subsequent stop arranged by initial officer via telephone is causally related to the first and its fruits must be suppressed. |
Criminal Law and Procedure |
|
Jun. 12, 2017 | |
B272275
|
People v. Sperling
Masseur who sexually victimized 'special needs' victim fails to challenge eight-year sentence; 'fortunate' not to receive maximum 10-year term of imprisonment. |
Criminal Law and Procedure |
|
Jun. 11, 2017 | |
14-50093
|
People v. Ubaldo
Defendant fails to overturn conviction for illegally importing weapons into the U.S. by arguing that the relevant substantive statutes did not apply extraterritorially. |
Criminal Law and Procedure |
|
Jun. 11, 2017 | |
C082275
|
In re Snyder
State Dept. of Hospitals improperly 'undesignated' psychologist's SVP evaluation report and failed to follow dictates of Welfare and Institutions Code Section 6601, warranting remand. |
Criminal Law and Procedure |
|
Jun. 11, 2017 | |
S151362
|
In re Bell
Habeas petition denied in case involving alleged misconduct by holdout juror who allegedly solicited her husband's advice during penalty deliberations. |
Criminal Law and Procedure |
|
Jun. 8, 2017 | |
B267280
|
People v. Campbell
Prosecutor's reference to defendant's post-Miranda silence is fair response to defendant's trial testimony that he fully cooperated with police. |
Criminal Law and Procedure |
|
Jun. 8, 2017 |