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Mendez v. Superior Court (People)
Because defendant was also charged with felonies when found mentally incompetent, Penal Code Section 1370.01 was inapplicable, and trial court did not err in denying dismissal of defendant's misdemeanor case.
Criminal Law and Procedure 4DCA/3 Dec. 26, 2024
People v. Perrot
Parole condition prohibiting sex offender from accessing and using computer devices was narrowly tailored to further compelling state interest of protecting children.
Criminal Law and Procedure 1DCA/4 Dec. 26, 2024
People v. Baugh
Trial court did not err by refusing to order prosecutor to obtain evidence regarding victim witness' alleged schizophrenia diagnosis.
Criminal Law and Procedure, Evidence 1DCA/3 Dec. 23, 2024
People v. Zwerenz
Recommitment of an offender with a mental health disorder did not constitute double jeopardy in the face of substantial evidence supporting his recommitment.
Criminal Law and Procedure 3DCA Dec. 23, 2024
People v. Barnes
Trial court violated Code of Civil Procedure Section 231.7 by using reasoning not offered by the prosecution to overrule defendant's peremptory strike challenge.
Criminal Law and Procedure 4DCA/1 Dec. 20, 2024
People v. Torres
No particular type of evidence was necessary to prove that parent/child relationship existed between victim and defendant charged with criminal incest.
Criminal Law and Procedure 4DCA/2 Dec. 20, 2024
People v. Davis
Petition for resentencing was denied under the new felony murder statute because substantial evidence supported the trial court's finding that Defendant was the actual killer beyond a reasonable doubt.
Criminal Law and Procedure 1DCA/2 Dec. 20, 2024
U.S. v. Wilson
Selective-prosecution discovery was improper for George Floyd protesters charged with arson who claimed that other arsons in the Central District were not prosecuted.
Criminal Law and Procedure 9th Dec. 20, 2024
Modification: In re Nguyen
The difference in how the Department of Corrections and Rehabilitation applies award credits against an inmate's minimum eligible parole date and youth parole eligible date does not violate equal protection.
Criminal Law and Procedure 2DCA/3 Dec. 19, 2024
U.S. v. Hackett
Given lack of clear authority, district court did not plainly err when it relied on sentencing guidelines commentary that incorporated intended loss into the plain meaning of the term "loss."
Criminal Law and Procedure 9th Dec. 19, 2024
People v. Nava
An individual could not be convicted under both Penal Code sections 4500 and 4501 (assault with a deadly weapon while a life prisoner and assault with a deadly weapon while a prisoner) for the same conduct.
Criminal Law and Procedure 3DCA Dec. 19, 2024
People v. Lattin
An assault with a firearm can be committed with an unloaded gun by a defendant who has ammunition available and the means to load it immediately.
Criminal Law and Procedure 4DCA/1 Dec. 19, 2024
People v. Caratachea
Trial court was not required to conduct a sua sponte Evidence Code Section 352 inquiry where attorney did not request exclusion.
Criminal Law and Procedure, Evidence 4DCA/1 Dec. 17, 2024
People v. Superior Court (Mitchell)
Although there is no statutory right for the prosecution to appeal an order reducing a charged felony to a misdemeanor, writ review may be available where the trial court acts in excess of its jurisdiction.
Criminal Law and Procedure CASC Dec. 13, 2024
People v. Gonzalez
Trial court's reliance on unproven aggravating facts to re-impose upper term violated defendant's Sixth Amendment rights after resentencing request.
Criminal Law and Procedure 6DCA Dec. 12, 2024
Nunez-Dosangos v. Superior Court (People)
Petitioner's pretrial detention was excessive in relation to the government's public safety goals and constituted impermissible punishment in violation of due process.
Habeas Corpus, Criminal Law and Procedure 1DCA/3 Dec. 12, 2024
People v. Armas
Defendant's appeal of a probation violation finding was moot following the conclusion of probation.
Criminal Law and Procedure 4DCA/1 Dec. 12, 2024
People v. Muhammad
Defendant was ineligible for felony-murder resentencing when the record of conviction conclusively established he was convicted on the theory that he was the actual perpetrator of attempted murder.
Criminal Law and Procedure 2DCA/3 Dec. 10, 2024
People v. Billy
Repeat DUI offender was statutorily required to serve at least 180 days in county jail and could not serve that term in a residential facility.
Criminal Law and Procedure 1DCA/5 Dec. 11, 2024
Modification: People v. Robinson
Grand jury was prior hearing that resentencing court could consider evidence from when determining whether petitioner was entitled to ameliorative resentencing relief for his murder conviction.
Criminal Law and Procedure, Evidence 3DCA Dec. 9, 2024
People v. Vicencio
Out-of-state conviction for offense that had all the elements of an enumerated sexually violent offense qualified the offense as such and made criminal defendant ineligible for resentencing relief.
Criminal Law and Procedure 4DCA/2 Dec. 9, 2024
People v. Hall
As children's statements made to officers investigating 911 hang-up were in response to an ongoing emergency, admission of those statements through officers' testimony did not violate Confrontation Clause.
Criminal Law and Procedure, Evidence 5DCA Dec. 9, 2024
U.S. v. Knight
District court's imposition of "no pornography" special condition for supervised release of defendant twice convicted of child pornography was not unduly restrictive nor impermissibly broad.
Criminal Law and Procedure 9th Dec. 5, 2024
U.S. v. Dorsey
Officer's lay opinion testimony regarding surveillance videos was properly admitted because it was based on personal knowledge and was helpful to the jury in determining a fact in issue.
Evidence, Criminal Law and Procedure 9th Dec. 5, 2024
U.S. v. Abouammo
Prosecution of falsifying records to obstruct a federal investigation may take place in the venue where the obstructed investigation occurred.
Criminal Law and Procedure 9th Dec. 5, 2024
People v. Clymer
Warrantless search of decedent's electronic devices did not violate CalECPA where law enforcement accessed devices with the decedent's parents' permission who had physical possession of the devices and their passcodes.
Criminal Law and Procedure 1DCA/1 Dec. 5, 2024
In re Nguyen
The difference in how the Department of Corrections and Rehabilitation applies award credits against an inmate's minimum eligible parole date and youth parole eligible date does not violate equal protection.
Criminal Law and Procedure 2DCA/3 Dec. 2, 2024
Blackman v. Cisneros
Because federal prisoner failed to demonstrate that his mental impairment was a but-for cause of untimely federal habeas petition, equitable tolling was unjustifiable.
Criminal Law and Procedure 9th Dec. 2, 2024
People v. Multani
Trial court properly denied prisoner's compassionate release request because there was no evidence of cancer's progression, therefore no longer meeting end-of-life trajectory requirement.
Criminal Law and Procedure 2DCA/3 Nov. 29, 2024
People v. Dowdy
Section 1385's mitigating circumstances for striking enhancements do not apply to motions to dismiss prior strikes under the Three Strikes law.
Criminal Law and Procedure 1DCA/5 Nov. 29, 2024