Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
18-17356
|
Center for Investigative Reporting v. USDOJ
Tiahrt Rider did not exempt records concerning weapon ownership by former law enforcement from disclosure under Freedom of Information Act. |
statutory_interpretation |
|
K. Wardlaw | Dec. 4, 2020 |
15-50509
|
U.S. v. Collazo
To obtain conviction for conspiracy to distribute controlled substances, government need not prove defendant's knowledge or intent with respect to drug type and quantity. |
statutory_interpretation |
|
S. Ikuta | Dec. 3, 2020 |
B299044
|
Modification: People v. Johnson
Senate Bill No. 1437 does not provide relief to defendants convicted of murder under provocative act murder doctrine. |
statutory_interpretation |
|
K. Yegan | Dec. 2, 2020 |
F079904
|
Sierra Club v. County of Fresno
Partial certification of environmental impact report was rejected because an EIR is either completed in compliance with California Environmental Quality Act or it is not so completed. |
statutory_interpretation |
|
D. Franson | Nov. 30, 2020 |
C089363
|
In re Canady
Proposition 57 authorizes the California Department of Corrections and Rehabilitation broad discretion to award, or not award conduct credits as it sees fit. |
statutory_interpretation |
|
E. Duarte | Nov. 30, 2020 |
G057671
|
In re Haynes
Because petitioner's current offense for annoying or molesting child may be committed in violent manner, CDCR had authority to deny him eligibility for early parole consideration under Proposition 57. |
statutory_interpretation |
|
R. Aronson | Nov. 27, 2020 |
D077208
|
People v. Gonzalez
The fact that municipal code does not provide for the sale of real property as punishment was irrelevant because order to sell defendant's property was a condition of probation. |
statutory_interpretation |
|
C. Aaron | Nov. 27, 2020 |
A157422
|
People v. Daniel
Although defendant had statutory right to counsel upon filing a sufficient Penal Code Section 1170.95 petition, violation of that right was not structural error and thus not reversible per se. |
statutory_interpretation |
|
J. Humes | Nov. 25, 2020 |
19-10448
|
U.S. v. Bautista
District court erred in applying recidivist sentencing enhancement based on defendant's prior state conviction for transportation of marijuana after hemp was removed from federal drug schedule. |
statutory_interpretation |
|
W. Fletcher | Nov. 24, 2020 |
B298753
|
People v. Shelp
Post Release Community Supervision was enacted to rehabilitate nonviolent felons, not to reward the felon with custody credits that can theoretically reduce supervision period to zero. |
statutory_interpretation |
|
K. Yegan | Nov. 23, 2020 |
C092118
|
People v. Roseberry
Defendant's second in-prison felony sentence was affirmed because he failed to carry his burden to show error by an adequate record. |
statutory_interpretation |
|
H. Hull | Nov. 19, 2020 |
B303744
|
In re Williams
Defendants serving life without parole sentences based on offenses they committed after they had attained age 18 are not eligible for youth offender parole hearings. |
statutory_interpretation |
|
L. Rubin | Nov. 18, 2020 |
H046618
|
People v. Lopez
Suspending execution of sentence to place defendant on mandatory supervision did not constitute a final judgment for purposes of retroactively applying an ameliorative statutory amendment. |
statutory_interpretation |
|
A. Grover | Nov. 17, 2020 |
F078219
|
People v. Baltazar
Senate Bill No. 620 applies retroactively to nonfinal cases and not to persons whose sentences have become final, except insofar as such person may be resentenced under some other law. |
statutory_interpretation |
|
J. Detjen | Nov. 16, 2020 |
B299044
|
People v. Johnson
Senate Bill No. 1437 does not provide relief to defendants convicted of murder under provocative act murder doctrine. |
statutory_interpretation |
|
K. Yegan | Nov. 12, 2020 |
D077361
|
People v. Lamoureux
Trial court is not required to apply excess custody credits to offset parole supervision period of person resentenced under Senate Bill No. 1437. |
statutory_interpretation |
|
J. McConnell | Nov. 9, 2020 |
B300163
|
People v. Garcia
Appellant could still be convicted of murder as aider and abettor because he directed gang member to stab victim; thus, appellant was ineligible for relief under SB 1437. |
statutory_interpretation |
|
K. Yegan | Nov. 6, 2020 |
19-16055
|
Urbina v. National Business Factors
Fair Debt Collection Practices Act's bona fide error defense does not allow debt collectors to avoid liability by contractually obligating creditor-clients to provide accurate information. |
statutory_interpretation |
|
M. Christen | Nov. 6, 2020 |
B299065
|
People v. Nunez
A defendant convicted of murder with a felony-murder special circumstance finding is not eligible for resentencing under Penal Code Section 1170.95 as a matter of law. |
statutory_interpretation |
|
E. Lui | Nov. 5, 2020 |
A158095
|
People v. Reyes
Attempting to dissuade witness from reporting crime under Penal Code Section 136.1(b)(1) applies only to dissuasion of reports about completed crimes, not future crimes. |
statutory_interpretation |
|
J. Streeter | Nov. 3, 2020 |
H047254
|
People v. Lopez
Penal Code Section 1170.95 requires the prosecutor to prove beyond a reasonable doubt each element of first or second degree murder under current law in order to establish ineligibility. |
statutory_interpretation |
|
F. Elia | Nov. 3, 2020 |
C089368
|
People v. Pack-Ramirez
Conditional remand for primary caregiver diversion eligibility hearing was denied because program is only offered upon written agreement of judge, prosecuting entity and public defender. |
statutory_interpretation |
|
J. Renner | Nov. 2, 2020 |
A158840
|
People v. Lopez
Proposition 57 applies retroactively to juveniles whose judgment is not final and because defendant was resentenced under Penal Code Section 1170(d)(1), his new sentence was not final. |
statutory_interpretation |
|
T. Brown | Nov. 2, 2020 |
E072961
|
People v. Jones
Pre-'People v. Banks/Clark' special circumstance finding renders petitioners ineligible for relief under Penal Code Section 1170.95 as a matter of law. |
statutory_interpretation |
|
M. Slough | Oct. 29, 2020 |
B304011
|
Michael S. Yu, a Law Corp. v. Superior Court (Bank of the West)
Trial court had no authority to review the consensual referee's decisions before entering judgment on them. |
statutory_interpretation |
|
H. Dhanidina | Oct. 29, 2020 |
17-50337
|
U.S. v. Singh
There was insufficient evidence that appellant willfully caused general mayoral election campaign to file falsified reports. |
statutory_interpretation |
|
M. Smith | Oct. 29, 2020 |
B299031
|
Chacon v. Union Pacific Railroad
Release of Federal Employers' Liability Act claim is valid only to extent that it applies to bargained-for settlement of known claim for specific injury. |
statutory_interpretation |
|
E. Lui | Oct. 28, 2020 |
19-16167
|
Bliss v. Corecivic Inc.
Each interception of privileged phone calls was a separate violation of Wiretap Act, thus triggering new statute of limitations. |
statutory_interpretation |
|
D. Forrest | Oct. 28, 2020 |
E074244
|
Tellez v. Superior Court
Because Legislature intended DUI offenses to be ineligible for mental health diversion, Vehicle Code Section 23640 controls over Penal Code Section 1001.36. |
statutory_interpretation |
|
F. Menetrez | Oct. 27, 2020 |
B301302
|
People v. Douglas
Defendant planned and led armed robbery, gave his loaded gun to recruited gang member, and showed no interest in aiding suffering victim; thus, he was disqualified from resentencing under Penal Code Section 1170.95. |
statutory_interpretation |
|
J. Wiley | Oct. 22, 2020 |