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People v. Arevalo
Acquittal on weapons charge and arming allegation precludes resentencing court from finding inmate ineligible for resentencing consideration.
Criminal Law and Procedure Feb. 9, 2016
People v. Triplett
Considering additional facts agreed to by the parties, defendant establishes eligibility for resentencing as to second degree burglary conviction.
Criminal Law and Procedure Feb. 9, 2016
People v. Deleon
In light of the changes made to the parole revocation process in the 2011 realignment legislation (Stats. 2011, ch. 15; Stats. 2012, ch. 43), is a parolee entitled to a probable cause hearing conducted according to the procedures outlined in Morrissey v. Brewer (1972) 408 U.S. 471 before parole can be revoked?
Feb. 8, 2016
People v. Farwell
(1) Does the "totality of the circumstances" test apply in determining whether a defendant knowingly and voluntarily waived his constitutional rights before stipulating to an offense, if the record indicates that the trial court did not advise the defendant or obtain his waiver of rights at the time of the stipulation? (2) Under this test, are references to a defendant's constitutional rights during earlier stages of the proceedings and the defendant's criminal history sufficient to support the conclusion that the defendant knowingly and voluntarily waived those rights when entering into to th
Feb. 8, 2016
People v. Brewer
Was defendant's Sixth Amendment right to confrontation violated by the gang expert's reliance on testimonial hearsay (Crawford v. Washington (2004) 541 U.S. 36)?
Feb. 8, 2016
McClintock v. S.C. (People)
(1) Is an expert retained by the prosecution in a proceeding under the Sexually Violent Predator Act entitled to review otherwise confidential treatment information under Welfare and Institutions Case section 5328? (2) Is the district attorney entitled to review medical and psychological treatment records or is access limited to confidential treatment information contained in an updated mental evaluation conducted under Welfare and Institutions Code section 6603, subdivision (c)(1)?
Feb. 8, 2016
Shalaby v. Mansdorf (In re Nakhuda)
Bankruptcy court's sua sponte sanctions for Federal Rules of Bankruptcy Procedure 9011 violations overturned where attorney's unreasonable conduct was not 'akin to contempt.'
Bankruptcy Feb. 8, 2016
People v. Salvador
Error in sentencing defendant to consecutive 10-year gang enhancement terms on each of his indeterminate life terms results in vacated enhancements and remand for resentencing.
Criminal Law and Procedure Feb. 8, 2016
Dominguez v. Colvin
Disability benefits applicant not entitled to immediate award of benefits despite administrative law judge's legal error where there remained inconsistencies, conflicts, and gaps in the records.
Administrative Agencies Feb. 8, 2016
1U.S. v. Johnson
Defendant, convicted of perjury, must be resentenced following remand to determine whether obstruction enhancement applies to his subsequent false trial testimony.
Criminal Law and Procedure Feb. 8, 2016
White v. City of Stockton (Johnston)
City of Stockton's statute imposing two-term limit on mayors and councilmembers applies to each office separately, not cumulatively.
Municipal Law Feb. 8, 2016
Stuard v. Stuard
Grandparent visitation properly granted even absent allegation that divorced parents are unfit, where parents themselves fostered grandparents' relationship with grandchild.
Family Law Feb. 8, 2016
People v. Wood
Does Proposition 47 ("the Safe Neighborhoods and Schools Act"), which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, § 490.2), apply to theft of access card information in violation of Penal Code section 484e, subdivision (d)?
Feb. 8, 2016
People v. Ramos
Order
Feb. 8, 2016
Smith v. Schriro
Intellectually disabled defendant's capital sentence overturned pursuant to 'Atkins v. Virginia.'
Criminal Law and Procedure Feb. 5, 2016
People v. Peoples
On automatic appeal, judgment of death for four murder convictions affirmed where no reasonable possibility trial court's few errors prejudiced defendant.
Criminal Law and Procedure Feb. 5, 2016
People v. Casares
Capital defendant unsuccessfully challenges murder conviction where evidence demonstrated deliberate and premeditated killing of victims in 1989 drug deal.
Criminal Law and Procedure Feb. 5, 2016
People v. Superior Court (Rangel)
Excess custody credits may be applied to offset term of community supervision just as they would to offset term of parole.
Criminal Law and Procedure Feb. 5, 2016
People v. Superior Court (Rangel)
Excess custody credits may be applied to offset term of community supervision just as they would to offset term of parole.
Criminal Law and Procedure Feb. 4, 2016
People v. Valenzuela
Carjacker's prior conviction for reckless evasion of police properly admitted for impeachment purposes though prior incident was factually similar to instant case.
Criminal Law and Procedure Feb. 4, 2016
Garcia v. County of Riverside
Former LA County Sheriff, LA County and LA Sheriff's Department unsuccessful in challenging denial of immunity relating to imprisonment of plaintiff based on mistaken identity.
Civil Rights Feb. 4, 2016
Perry v. Bakewell Hawthorne LLC
Plaintiff's expert declarations properly excluded where plaintiff unreasonably failed to disclose expert witness information with defendants.
Civil Procedure Feb. 4, 2016
People v. Nichols
Prisoner ineligible for resentencing of felony offense of buying or receiving stolen motor vehicle as misdemeanor under Proposition 47.
Criminal Law and Procedure Feb. 4, 2016
Haering v. Topa Insurance Co.
Uninsured/underinsured motorist coverage is not provided under plaintiff's excess liability policy that incorporates by reference underlying primary policy including such coverage.
Insurance Feb. 4, 2016
Unilab Corp. v. Angeles-IPA
Clinical laboratory unsuccessful in overturning summary adjudication in independent physician association's favor where laboratory provides testing services to association's patients after termination of contract.
Contracts Feb. 3, 2016
Villavicencio-Rojas v. Lynch
Petitioner's expunged convictions of misdemeanor drug possession do not bar him from first-offender treatment under Federal First Offender Act.
Immigration Feb. 3, 2016
Valencia v. Lynch
Petitioner unsuccessful in overturning denial of adjustment of immigration status under "grandfathering" exception for beneficiaries of labor-certification applications where substitution occurs after April 30, 2001.
Immigration Feb. 3, 2016
Elliott v. Well (In re Elliott)
Debtor not entitled to claim homestead exemption to property he elaborately concealed and vigorously attempted to shield from judgment creditors and bankruptcy trustee.
Bankruptcy Feb. 2, 2016
Lloyd v. CVB Financial Corp.
Securities fraud class action against bank revived involving alleged misrepresentations made in 2010 SEC filings regarding its largest borrower.
Administrative Agencies Feb. 2, 2016
People v. Safety National Casualty Corp.
Without written waiver of personal presence, defendant's absence at scheduled pretrial hearing constitutes basis on which to forfeit bail under Penal Code Section 1305.
Criminal Law and Procedure Feb. 2, 2016