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Name Category Published
In re White
Petition for writ ordering court to vacate order denying bail denied where clear, convincing evidence shows substantial likelihood that release of defendant would cause others great bodily harm. 		Criminal Law and Procedure 4DCA/1 Mar. 7, 2018
People v. Garton
Confrontation clause error falling within meaning of 'Crawford v. Washington' error is harmless beyond reasonable doubt where defendant is not prejudiced by testimonial hearsay. 		Criminal Law and Procedure CASC Mar. 6, 2018
U.S. v. Adkins
Federal jury instructions that do not include state definition of 'knowingly' are error, but harmless because record was clear as to defendant's guilt. 		Criminal Law and Procedure 9th Mar. 6, 2018
U.S. v. Studhorse
Attempted first degree murder conviction is proper basis for deeming defendant violent felon under 18 U.S.C. Section 16. 		Criminal Law and Procedure 9th Mar. 5, 2018
People v. Aledamat
Where trial court allows legally incorrect jury instruction, reversal required unless record shows jury relied on legally sound instruction in reaching its conviction. 		Criminal Law and Procedure 2DCA/2 Mar. 5, 2018
People v. Perez
A defense attorney burdened by an 'actual' conflict of interest violates a defendant's constitutional right to effective counsel 		Criminal Law and Procedure CASC Mar. 2, 2018
People v. Gutierrez
Felony conviction for unlawfully taking a vehicle reversed and remanded where jury is instructed on invalid legal theory and conviction is not based on valid ground. 		Criminal Law and Procedure 2DCA/7 Mar. 1, 2018
People v. Bedrossian
After D.A. does not press charges against arrestee, the waiting period required to petition court for determination of factual innocence does not violate procedural due process 		Criminal Law and Procedure 1DCA/3 Mar. 1, 2018
U.S. v. Campbell
Revocation of supervised release may not be based on violations alleged after release term ends, at least where such alleged violations are factually unrelated to ones raised prior to the term's expiration. 		Criminal Law and Procedure 9th Mar. 1, 2018
U.S. v. Evans
Supervised release condition inconsistent with 'mens rea' requirement prohibiting criminal activity is unconstitutionally vague and overbroad 		Criminal Law and Procedure 9th Mar. 1, 2018
People v. Arevalo
Permissible for court to reduce good conduct credits to 15 percent of those stipulated at probation, where defendant convicted of violent felony subsequently violates probation. 		Criminal Law and Procedure 1DCA/1 Feb. 28, 2018
People v. Contreras
'Graham's' proscription on life-without-parole for juvenile nonhomicide offenders requires reconsideration of 50+ year sentences for 16-year-olds convicted of kidnapping and rape. 		Criminal Law and Procedure 4DCA/1 Feb. 27, 2018
People v. Wolfe
Malice may be implied when murder defendant was subjectively aware driving under the influence of alcohol was dangerous to human life 		Criminal Law and Procedure 4DCA/3 Feb. 23, 2018
People v. Baker
Mandatory 15-years-to-life prison sentence for oral copulation of six-year-old is not cruel and unusual punishment in violation of state constitution. 		Criminal Law and Procedure 4DCA/1 Feb. 23, 2018
Class v. U.S.
Judgment finding that guilty plea waives claims challenging constitutionality of statute reversed and remanded where guilty plea, alone, does not bar direct appeal. 		Criminal Law and Procedure USSC Feb. 22, 2018
Johnson v. Gill
Mistakenly transferring a defendant from state to federal custody does not automatically convey primary jurisdiction to federal authorities for purposes of prison sentence commencement. 		Criminal Law and Procedure 9th Feb. 21, 2018
People v. Hutchinson
Where robber enters home and steals items belonging to parents but also assaults daughter, he may be found guilty of robbery against daughter. 		Criminal Law and Procedure 2DCA/1 Feb. 20, 2018
People v. Dynes
Court order denying ex-parte application for Proposition 57 resentencing is unappealable order where court lacks jurisdiction to grant relief pursuant to provision. 		Criminal Law and Procedure 5DCA Feb. 16, 2018
Amended Opinion: Murray v. Schriro
Murderer, who killed victims during armed robbery, could not revisit sanitized crime scene, which his attorney and investigators had already inspected. 		Criminal Law and Procedure 9th Feb. 15, 2018
People v. Guyton
Deprivation of personal liberty element of human trafficking charge supported by substantial evidence where pimp keeps woman isolated, in fear, constantly monitored, and financially dependent. 		Criminal Law and Procedure 4DCA/3 Feb. 15, 2018
People v. Millan
Statutory amendment eliminating certain statutes as bases for sentence enhancement must be applied to benefit defendant sentenced with such enhancements whose case was not yet final when amendments enacted. 		Criminal Law and Procedure 4DCA/1 Feb. 14, 2018
People v. Hendrix
Prosecution of offense not barred by rule prohibiting multiple prosecution where multiple offenses are factually distinct. 		Criminal Law and Procedure 3DCA Feb. 14, 2018
People v. Steward
The application of excess custody credits to postrelease community supervision pursuant to Prop 47 resentencing is governed by generally applicable sentencing procedures 		Criminal Law and Procedure 1DCA/5 Feb. 13, 2018
People v. Baugh
Possessing a normally harmless object may constitute criminal weapon possession when the circumstances of possession demonstrate an immediate atmosphere of danger. 		Criminal Law and Procedure 1DCA/4 Feb. 13, 2018
Modification: In re Webb
Magistrate lacks statutory authority to impose Fourth Amendment waiver condition on pre-trial releasee who posted bail. 		Criminal Law and Procedure 4DCA/1 Feb. 12, 2018
People v. Landaverde
Denial of motion to vacate guilty plea for failure of counsel to state immigration consequences of plea, in violation U.S. Supreme Court precedent, affirmed where case was final before that precedent. 		Criminal Law and Procedure 2DCA/8 Feb. 9, 2018
People v. Acosta
State interest in public safety outweighs the invasion of privacy resulting from a probation condition if the condition is reasonably related to future criminality. 		Criminal Law and Procedure 4DCA/1 Feb. 8, 2018
People v. Hatt
Disqualifying prior convictions in Prop 47 reclassification statute include all such convictions entered before a court renders a final decision on a reclassification petition. 		Criminal Law and Procedure 2DCA/6 Feb. 8, 2018
Earp v. Davis
Denial of motion for further discovery into evidence spoliation claims to support witness intimidation claim affirmed where alleged support is too speculative and weak to support intimidation claim. 		Criminal Law and Procedure 9th Feb. 7, 2018
U.S. v. Laney
Under federal rules of criminal procedure, jury trial waiver must be signed by defendant; if not, record must otherwise show waiver was voluntary, knowing, and intelligent. 		Criminal Law and Procedure 9th Feb. 6, 2018
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