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Name Category Published
U.S. v. Vazquez-Hernandez
Conviction for attempted illegal reentry overturned due to faulty instructions that omitted essential element of 'free from official restraint,' which constituted plain error. 		Criminal Law and Procedure Mar. 6, 2017
Hayes v. Idaho Correctional Center
First Amendment protects prisoner's right to be present when his civil legal mail is opened by prison officials. 		Prisoners Rights Mar. 6, 2017
Mangiaracina v. Penzone
Prisoner's claim alleging envelopes were marked as legal mail sufficient for claim under Sixth Amendment right to be present while jail officials open legal mail. 		Prisoners Rights Mar. 6, 2017
People v. Vallejos
Does the Safe Neighborhood and Schools Act [Proposition 47], which made specified crimes misdemeanors rather than felonies, apply retroactively to a defendant who was sentenced before the Act's effective date but whose judgment was not final until after that date? 		Mar. 3, 2017
People v. Inatowitz
Is a defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court has reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47? 		Mar. 3, 2017
People v. Sanchez
Issues as to the requirements under Montgomery v. Louisiana (2016) 577 U.S. __, Miller v. Alabama (2012) 567 U.S. __, for imposing a sentence of life imprisonment without possibility of parole on a juvenile offender. 		Mar. 3, 2017
People v. DeHughes
Does the Safe Neighborhood and Schools Act [Proposition 47], which made specified crimes misdemeanors rather than felonies, apply retroactively to a defendant who was sentenced before the Act's effective date but whose judgment was not final until after that date? 		Mar. 3, 2017
People v. Garcia
In order to convict an aider and abettor of attempted willful, deliberate and premeditated murder under the natural and probable consequences doctrine, must a premeditated attempt to murder have been a natural and probable consequence of the target offense? 		Mar. 3, 2017
People v. S.M.
Fraud-based charges properly dismissed 'in furtherance of justice' considering defendant's professional background, lack of criminal record, 'unfairness' of the four-year process, and other factors. 		Criminal Law and Procedure Mar. 3, 2017
Godoy v. Spearman
Order 		Mar. 3, 2017
Robertson v. Pichon
Under deferential AEDPA standard, appellate court finds reasonable state court interpretation that request to take blood-alcohol chemical test does not constitute 'custodial interrogation' under 'Edwards.' 		Criminal Law and Procedure Mar. 3, 2017
U.S. v. Washington
State of Washington's building and maintaining of culverts that prevented passage of salmon violates its obligation to Indian tribes under Stevens Treaties. 		Native American Affairs Mar. 3, 2017
In Re D.W.
Did the trial court err imposing an "electronics search condition" on minor as a condition of his probation when it had no relationship to the crimes he committed but was justified on appeal as reasonably related to future criminality under People v. Olguin (2008) 45 Cal.4th 375 because it would facilitate his supervision? 		Mar. 3, 2017
Flethez v. San Bernardino County Employees Retirement Association
In retroactive award of service-connected disability retirement benefits, prejudgment interest under Civil Code Section 3287(a) is calculated from date of board's wrongful denial of benefits. 		Civil Procedure Mar. 3, 2017
City of San Jose v. Superior Court (Smith)
City employees' writings concerning public business are not excluded from disclosure under California Public Records Act merely because they were sent or received using personal account. 		Public Records Act Mar. 3, 2017
People v. Chavez
Does Penal Code section 1203.4 eliminate a trial court's discretion under Penal Code section 1385 to dismiss a matter in the interests of justice? 		Mar. 3, 2017
People v. Valenzuela
Does a conviction for active gang participation in violation of Penal Code section 186.22, subdivision (a), which requires that the defendant willfully promote, further, or assist in any felonious criminal conduct of the gang, remain valid when the underlying conduct in question was reduced from a felony to a misdemeanor pursuant to Proposition 47? 		Criminal Law and Procedure CASC Mar. 3, 2017
People v. Bussey
Whether Proposition 47 applies to the offense of unlawful taking or driving a vehicle (Veh. Code, § 10851), and People v. Romanowski, which concerns whether Proposition 47, which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, § 490.2), applies to theft of access card information in violation of Penal Code section 484e(d). 		Mar. 3, 2017
Johnson v. ArvinMeritor
In action alleging asbestos exposure, summary judgment properly granted due to plaintiff's failure to produce evidence supporting inference of probability of asbestos exposure from defendants' products. 		Torts Mar. 3, 2017
Wilson v. Cable News Network
Does Code of Civil Procedure section 425.16 authorize a court to strike a cause of action in which the plaintiff challenges only the validity of an action taken by a public entity in an "official proceeding authorized by law" (subd. (e) ) but does not seek relief against any participant in that proceeding based on his or her protected communications? 		Mar. 3, 2017
People v. Vandiver
Following passage of Proposition 47, value of blank check is de minimis for purposes of distinguishing between misdemeanor and felony receiving stolen property. 		Criminal Law and Procedure Mar. 2, 2017
Emerald Aero LLC v. Kaplan
Arbitrator exceeds power in awarding punitive damages against defendant who was not afforded meaningful opportunity to challenge punitive damages plaintiffs sought last minute. 		Arbitration Mar. 2, 2017
Colyear v. Rolling Hills Community Association of Rancho Palos Verdes
Homeowner defeats neighbor's quiet title claim via anti-SLAPP motion involving private dispute between neighbors that involved tree-trimming issue that was of public interest. 		Anti-SLAPP Mar. 2, 2017
Vaquero v. Stoneledge Furniture LLC
Employer's failure to separately compensate commission-based sales associates for rest periods results in reversal of summary judgment in employer's favor. 		Labor Law Mar. 2, 2017
Williamson v. Brooks
Damages do not exist against cotrustees in fiduciary duty breach case, as evidence suggests that beneficiary would have sold home even with greater information of contents of trust. 		Probate and Trusts Mar. 2, 2017
People v. Icke
Victim does not need to consent to sexual act for conviction of sexual penetration by fraudulent misrepresentation of professional purposes. 		Criminal Law and Procedure Mar. 2, 2017
Jacobs v. Locatelli
Trial court erred in sustaining demurrer as plaintiff alleged ability to produce evidence of 'written agency agreement' between defendant parties in response to statute of frauds defense. 		Contracts Mar. 2, 2017
Gonzalez v. Santa Clara County Dept. of Social Services
Complete denial of fees as to three of plaintiff's four attorneys constitute abuse of discretion given the peculiar circumstances of the case. 		Civil Procedure Mar. 2, 2017
Wilson v. County of Napa
Proponents of proposed initiative measure unsuccessful in placing measure on ballot due to failure to comply with 'full text' requirement of Elections Code section 9101. 		Elections Mar. 2, 2017
Bethune-Hill v. Virginia State Board of Elections
In action alleging racial gerrymandering of Virginia's legislative districts, application of incorrect legal standard for racial predominance results in partially vacated judgment. 		Constitutional Law Mar. 2, 2017
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