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Name Category Published
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 9th Dec. 4, 2020
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 9th Dec. 3, 2020
Modification: People v. Johnson
Senate Bill No. 1437 does not provide relief to defendants convicted of murder under provocative act murder doctrine.
statutory_interpretation 2DCA/6 Dec. 2, 2020
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 5DCA Nov. 30, 2020
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 3DCA Nov. 30, 2020
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 4DCA/3 Nov. 27, 2020
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 4DCA/1 Nov. 27, 2020
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 1DCA/1 Nov. 25, 2020
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 9th Nov. 24, 2020
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 2DCA/6 Nov. 23, 2020
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 3DCA Nov. 19, 2020
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 2DCA/5 Nov. 18, 2020
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 6DCA Nov. 17, 2020
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 5DCA Nov. 16, 2020
People v. Johnson
Senate Bill No. 1437 does not provide relief to defendants convicted of murder under provocative act murder doctrine.
statutory_interpretation 2DCA/6 Nov. 12, 2020
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 4DCA/1 Nov. 9, 2020
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 2DCA/6 Nov. 6, 2020
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 9th Nov. 6, 2020
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 2DCA/2 Nov. 5, 2020
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 1DCA/4 Nov. 3, 2020
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 6DCA Nov. 3, 2020
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 3DCA Nov. 2, 2020
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 1DCA/4 Nov. 2, 2020
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 4DCA/2 Oct. 29, 2020
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 2DCA/3 Oct. 29, 2020
U.S. v. Singh
There was insufficient evidence that appellant willfully caused general mayoral election campaign to file falsified reports.
statutory_interpretation 9th Oct. 29, 2020
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 2DCA/2 Oct. 28, 2020
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 9th Oct. 28, 2020
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 4DCA/2 Oct. 27, 2020
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 2DCA/8 Oct. 22, 2020