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Young v. City of Coronado
City of Coronado's historical resource designation of old Spanish Bungalow style cottage upheld, preventing owner from demolishing property.
Criminal Law and Procedure Apr. 5, 2017
People v. Billie
Restraints put on defendant representing himself are not abuse of discretion, as care taken to shield encumbrance from jurors shows court used least intrusive means possible to keep courtroom safe.
Criminal Law and Procedure Apr. 5, 2017
U.S. v. Blackwell
Amended statute, extending time period over which government can collect fines and restitution from criminal defendants, properly applied in denying defendant's motion.
Criminal Law and Procedure Apr. 4, 2017
Dean v. U.S.
Courts may deviate from sentencing guidelines for certain convictions when defendant has also been convicted of certain offenses carrying hefty mandatory minimums.
Criminal Law and Procedure Apr. 4, 2017
People v. Financial Casualty & Surety Inc.
Surety unsuccessful in overturning denial of motion to vacate forfeiture of bond, where prosecuting agency is allowed to require photograph or fingerprints under vacatur statute.
Criminal Law and Procedure Apr. 4, 2017
People v. Smith
Girlfriend's statement admitting she was the driver in boyfriend's DUI case is inadmissible as declaration against penal interest because of obvious signs of unreliability.
Criminal Law and Procedure Apr. 3, 2017
People v. Winbush
Defendant's false belief that confession would result in death penalty leniency does not render confession coerced and inadmissible as evidence.
Criminal Law and Procedure Apr. 3, 2017
Cliven Bundy v. USDC-NVL (United States)
Failure to dismiss case against Cliven Bundy due to alleged issues with possible government witness not sufficient grounds to force district court to grant 'pro hac vice' status to attorney.
Criminal Law and Procedure Apr. 3, 2017
People v. Mendoza
Defendant, a minor tried as an adult, unsuccessful in obtaining relief where Proposition 57 does not apply retroactively.
Criminal Law and Procedure Apr. 3, 2017
People v. Gandy
Defendant barred from attacking prior Oregon plea-based convictions, as Oregon statute enshrining SCOTUS decision in 'Boykin' not as stringent as California interpretation of decision.
Criminal Law and Procedure Mar. 31, 2017
People v. Vandiver
Petition seeking redesignation of receiving stolen property conviction from felony to misdemeanor properly granted under Proposition 47, where blank checks do not exceed $950 in value.
Criminal Law and Procedure Mar. 31, 2017
Melcher v. Superior Court (People)
Motion to recuse entire district attorney's office properly denied where county district attorney's relationship with alleged crime victim did not jeopardize fairness of trial.
Criminal Law and Procedure Mar. 30, 2017
People v. Hernandez
Indeterminate life sentence for third strike robbery conviction not disqualifying prior offense for Proposition 47 resentencing, as life sentence is not statutory punishment for robbery.
Criminal Law and Procedure Mar. 30, 2017
U.S. v. Plascencia-Orozco
Court does not abuse discretion in ruling defendant breached terms of plea agreement, resulting in affirmed convictions for aggravated identity theft and attempted illegal reentry.
Criminal Law and Procedure Mar. 30, 2017
Moore v. Texas
Texas Court of Criminal Appeals' reliance on its flawed 'Briseno' decision, results in erroneous denial of habeas relief to intellectually disabled capital defendant.
Criminal Law and Procedure Mar. 29, 2017
People v. Patterson
Receipt of statutory advisement regarding possible adverse immigration consequences of criminal conviction does not categorically bar defendant from seeking to withdraw plea.
Criminal Law and Procedure Mar. 28, 2017
People v. Romanowski
Theft of access card information is one of the crimes eligible for reduced punishment under Proposition 47.
Criminal Law and Procedure Mar. 28, 2017
People v. Van Orden
Depending on type of violation, unlawful taking or driving of vehicle (Vehicle Code Section 10851) may qualify as petty theft under Prop. 47.
Criminal Law and Procedure Mar. 27, 2017
Bonome v. City of Riverside
Retired police officer seeking endorsement to carry concealed weapon prevails, where statute clearly does not exclude him from definition of 'honorably retired' officer.
Criminal Law and Procedure Mar. 27, 2017
Espinoza v. Shiomoto
SCOTUS decision in 'McNeely' does not grant drivers arrested on suspicion of driving under the influence right to demand blood test requiring warrant to determine BAC.
Criminal Law and Procedure Mar. 27, 2017
In re Loza
Defendant unsuccessful in challenging special circumstance allegation, where sufficient evidence supports finding that murders were committed while defendant was engaged in attempted robbery.
Criminal Law and Procedure Mar. 27, 2017
People v. Riddles
Award of restitution to insurer who collected low premium for workers compensation policy appropriate, as employer's misclassification of employees greatly reduced premium, causing economic loss.
Criminal Law and Procedure Mar. 24, 2017
People v. Gonzales
Theft by false pretenses constitutes shoplifting under Penal Code Section 459.5, making grandson who stole grandmother's checks eligible for Prop. 47 relief.
Criminal Law and Procedure Mar. 24, 2017
People v. Bunyard
Burglary conviction based on attempt to break into coin-operated soap dispenser at commercial laundromat eligible for resentencing as misdemeanor under new shoplifting statute.
Criminal Law and Procedure Mar. 23, 2017
People v. Profitt
'Valentine/Sapp' rule precludes bifurcation of defendant's felony and misdemeanor DUI charges where misdemeanor counts include prior misdemeanor convictions as elements of the crime.
Criminal Law and Procedure Mar. 22, 2017
People v. Antolin
After defendant's sentence for term in county jail pursuant to Realignment Act commenced, trial court lacked jurisdiction to modify sentence.
Criminal Law and Procedure Mar. 22, 2017
Manuel v. City of Joliet
Fourth Amendment claim challenging detention improperly dismissed even though legal process had begun, where judge's probable cause determination was based on fabricated evidence.
Criminal Law and Procedure Mar. 22, 2017
People v. Russell
Under totality of circumstances, juror's nonresponsiveness constitutes 'protest' to disclosure of identifying information under Code of Civil Procedure Section 237.
Criminal Law and Procedure Mar. 21, 2017
People v. Angel
Defendant fails to establish ineffective assistance of counsel, where counsel reasonably relies on professional courtesy between his office and prosecution's office regarding subpoenas.
Criminal Law and Procedure Mar. 21, 2017
People v. Chestra
Voluntary manslaughter was plainly inconsistent with defendant's trial testimony and provided no support for trial court to sua sponte issue lesser included offense instructions.
Criminal Law and Procedure Mar. 21, 2017