| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C076318
|
People v. Potts
Defendant, who was under home detention program, commits felony escape when he willfully took a detour from work prior to end of workday. |
Criminal Law and Procedure |
|
Jun. 1, 2016 | |
|
B266850
|
People v. Zamarripa
Individual seeking reclassification of felony under Prop. 47 may be disqualified by certain 'prior' convictions, whether or not those priors occurred before or after the offense for which the individual seeks reclassification. |
Criminal Law and Procedure |
|
Jun. 1, 2016 | |
|
S233295
|
People v. Gutierrez
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? |
|
May 31, 2016 | ||
|
S233569
|
People v. Herrera
Are the conditions of probation mandated by Penal Code section 1203.067(b), for persons convicted of specified felony sex offenses - including waiver of the privilege against self-incrimination, required participation in polygraph examinations, and waiver of the psychotherapist-patient privilege - constitutional? |
|
May 31, 2016 | ||
|
S233932
|
In Re A.S.
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 juvenile committed but was justified on appeal as reasonably related to future criminality under People v. Olguin because it would facilitate his supervision? |
|
May 31, 2016 | ||
|
S233865
|
People v. Louder
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? |
|
May 31, 2016 | ||
|
S233255
|
People v. Morales
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? |
|
May 31, 2016 | ||
|
S233937
|
People v. Myers
Does the definition of "unreasonable risk of danger to public safety" (Penal Code Section 1170.18(c)) under Prop. 47 apply on retroactivity or other grounds to resentencing under the Three Strikes Reform Act of 2012? |
|
May 31, 2016 | ||
|
S233904
|
People v. SantaMaria
Does Prop. 47, which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less, apply to theft of access card information in violation of Penal Code section 484e(d)? |
|
May 31, 2016 | ||
|
S233478
|
People v. Stewart
Was defendant entitled to resentencing under Penal Code section 1170.18 on his conviction for second degree burglary either on the ground that it met the definition of misdemeanor shoplifting (Section 459.5) or on the ground that section 1170.18 impliedly includes any second degree burglary involving property valued at $950 or less? |
|
May 31, 2016 | ||
|
S233933
|
People v. Strickland
Was defendant eligible for resentencing on the penalty enhancement for committing a new felony while released on bail on a drug offense even though the superior court had reclassified the conviction for the drug offense as a misdemeanor under the provisions of Prop. 47? |
|
May 31, 2016 | ||
|
S233402
|
People v. Valencia
Was defendant entitled to resentencing under Penal Code Section 1170.18 on his conviction for second degree burglary either on the ground that it met the definition of misdemeanor shoplifting (Section 459.5) or on the ground that section 1170.18 impliedly includes any second degree burglary involving property valued at $950 or less? |
|
May 31, 2016 | ||
|
S233855
|
People v. Vasquez
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) because it would facilitate his supervision? |
|
May 31, 2016 | ||
|
15-290
|
United States Army Corps of Engineers v. Hawkes Co. Inc.
Army Corps' issuance of approved 'judicial determination' constitutes a final agency action that is judicially-reviewable under the Administrative Procedure Act. |
Administrative Agencies |
|
May 31, 2016 | |
|
15-789
|
Johnson v. Lee
California's procedural bar of defaulted claims under <EM>In re Dixon</EM> is adequate; Ninth Circuit's decision to contrary reversed. |
Criminal Law and Procedure |
|
May 31, 2016 | |
|
15-8366
|
Lynch v. Arizona
Capital defendant who is ineligible for parole under Arizona law has due process right to inform jury of this fact under 'Simmons.' |
Criminal Law and Procedure |
|
May 31, 2016 | |
|
15-7939
|
Wimbley v. Alabama
Order |
|
May 31, 2016 | ||
|
15-513
|
State Farm Fire & Casualty Co. v. U.S. ex rel Rigsby
What standard governs the decision whether to dismiss a relator's claim for violation of the FCA's seal requirement, 31 U.S.C. Section 3730(b)(2)? |
|
May 31, 2016 | ||
|
14-15115
|
North County Communications Corp. of Arizona v. Qwest Corp.
Summary judgment in favor of telephone company affirmed where company had power to initiate negotiation and compel arbitration with rival telecommunications company. |
Utilities |
|
May 31, 2016 | |
|
14-10510
|
U.S. v. Inouye
No abuse of discretion in setting restitution at eight percent of defendant's gross monthly income in connection with revocation of supervised release. |
Criminal Law and Procedure |
|
May 31, 2016 | |
|
12-56638
|
Jane Doe No. 14 v. Internet Brands Inc. dba Modelmayhem.com
Communications Decency Act does not bar rape victim's lawsuit against website for negligently failing to warn her of rapists' use of website under California law. |
Torts |
|
May 31, 2016 | |
|
09-72122
|
Morales de Soto v. Lynch
Petition for review of ICE's decision to reinstate prior expedited removal order denied where intervening agency memoranda that do not change law do not require remand. |
Immigration |
|
May 31, 2016 | |
|
H040226
|
People v. Bankers Insurance Co.
Filing of amended complaint does not warrant exoneration of bond where amendment, though unauthorized, did not materially increase surety's risk under the bond. |
Criminal Law and Procedure |
|
May 31, 2016 | |
|
S234017
|
People v. Bell
Are the People entitled to withdraw from a plea agreement for conviction of a lesser offense and to reinstate any dismissed counts if the defendant files a petition for recall of sentence and reduction of the conviction to a misdemeanor under Proposition 47? If the defendant seeks such relief, are the parties returned to the status quo with no limits on the sentence that can be imposed on the ground that the defendant has repudiated the plea agreement by doing so? |
|
May 30, 2016 | ||
|
S233979
|
People v. Casias
Does Prop. 47 apply to the offense of unlawful taking or driving a vehicle under Vehicle Code Section 10851, because it is a lesser included offense of Penal Code section 487(d), and that offense is eligible for resentencing to a misdemeanor under Penal Code Sections 490.2 and 1170.18? |
|
May 30, 2016 | ||
|
S233986
|
People v. Fernandez
Does Prop. 47, which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less, apply to theft of access card information in violation of Penal Code section 484e(d)? |
|
May 30, 2016 | ||
|
S233849
|
People v. Gomez
Does Prop. 47 apply to the offense of unlawful taking or driving a vehicle (Vehicle Code Section 10851), because it is a lesser included offense of Penal Code section 487(d), and that offense is eligible for resentencing to a misdemeanor under Penal Code Sections 490.2 and 1170.18? |
|
May 30, 2016 | ||
|
S233757
|
M., Bianka v. S.C. (M., Gladys)
Did the trial court err in denying petitioner's request for an order making findings concerning Special Immigrant Juvenile status and placing her in her mother's sole legal and physical custody? |
|
May 30, 2016 | ||
|
H041847
|
People v. Nice
Police officer's visual speed estimation, combined with experience and expertise, provided reasonable suspicion for traffic stop, defeating defendants' suppression motion. |
Criminal Law and Procedure |
|
May 30, 2016 | |
|
B264947
|
Doe v. Roman Catholic Archbishop of Los Angeles
Order sustaining demurrer in favor of Catholic church reversed and case remanded to allow plaintiffs, alleged sexual abuse victims, to plead claims under tolling statute. |
Civil Procedure |
|
May 30, 2016 |
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