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The People v. Valdivia
Probation condition allowing warrantless searches and seizures of domestic abuse defendant's electronic devices overbroad. 		Criminal Law and Procedure 3DCA Nov. 9, 2017
Brewer v. Superior Court for the County of Contra Costa
Evidence found during a traffic stop may be challenged under the Fourth Amendment as the fruit of an unlawful detention, even if the defendant lacks a reasonable expectation of privacy in a searched vehicle. 		Criminal Law and Procedure 1DCA/4 Nov. 8, 2017
People v. Garcia
Jury instruction allowing finding of domestic violence crimes by preponderance of evidence while also requiring proof beyond reasonable doubt to convict does not lower burden of proof for conviction. 		Criminal Law and Procedure 2DCA/5 Nov. 8, 2017
Hoffman v. Superior Court
Petition denied where information containing counts that allege single offense and that provides evidence of multiple acts constituting each offense does not warrant demurrer. 		Criminal Law and Procedure 4DCA/3 Nov. 8, 2017
Kernan v. Cuero
No U.S. Supreme Court decision clearly establishes that state court must impose lower sentence as parties originally expected, warranting reversal of Ninth Circuit's contrary decision. 		Criminal Law and Procedure USSC Nov. 7, 2017
Modification: People v. Perez
Trial counsel's failure to object to testimony of prosecution's gang expert constitutes forfeiture of defendant's right to challenge case-specific testimony under 'People v. Sanchez.' 		Criminal Law and Procedure 4DCA/2 Nov. 6, 2017
Amended Opinion: Browning v. Baker
Defendant convicted of 1985 robbery and murder succeeds in obtaining habeas relief due to evidentiary violations under 'Brady.' 		Criminal Law and Procedure 9th Nov. 6, 2017
U.S. v. Hernandez-Quintania
Mexican citizen properly found guilty of being removed alien found in U.S. where 'A-file' contained no evidence he even applied for reentry following most recent deportation. 		Criminal Law and Procedure 9th Nov. 6, 2017
Modification: People v. Pettie
Gang enhancements reversed where defendant had no opportunity to cross-examine source of testimonial hearsay. 		Criminal Law and Procedure 6DCA Nov. 6, 2017
United States of America v. Christopher Michael Johnson
Under 'Fowler' a federal nexus must be shown in connection with an alleged offense under 18 U.S.C. Section 1512(b)(3). 		Criminal Law and Procedure 9th Nov. 3, 2017
People v. Lee
Penal Code Section 666.5 allegation does not prevent court from reducing 'wobbler' offenses to misdemeanors where Section 666.5 applies only to 'felony' convictions. 		Criminal Law and Procedure 5DCA Nov. 2, 2017
Modification: People v. Drew
Order denying untimely Proposition 36 resentencing petition for failure to show good cause affirmed where delay is substantial and 'nature and strength' of justification for delay is inadequate. 		Criminal Law and Procedure 4DCA/1 Nov. 2, 2017
People v. Francis
Gang enhancement for serious felony modified where trial court applies enhancement plainly meant for non-serious felonies. 		Criminal Law and Procedure 2DCA/3 Nov. 1, 2017
Serrano v. Superior Court (Los Angeles County Sheriff's Dept.)
'Pitchess' motion erroneously denied where potential 'Brady' material in officer's file existed and issue of officer's credibility sufficient to trigger in camera review. 		Criminal Law and Procedure 2DCA/1 Oct. 31, 2017
U.S. v. Kelly
Parent drug's isomer properly scheduled where Schedule I findings about parent drug justify scheduling isomer. 		Criminal Law and Procedure 9th Oct. 31, 2017
People v. Perez
Trial counsel's failure to object to testimony of prosecution's gang expert constitutes forfeiture of defendant's right to challenge case-specific testimony under 'People v. Sanchez.' 		Criminal Law and Procedure 4DCA/2 Oct. 27, 2017
People v. Buell
Revocation of mandatory supervision affirmed where conclusion that defendant consumed alcohol is corroborated by reliable expert testimony and data. 		Criminal Law and Procedure 1DCA/4 Oct. 27, 2017
People v. Harrison
Prosecution's failure to disclose digital in-car video of defendant's alleged confession, despite 'cryptic' reference in police report, constitutes 'Brady' violation, warranting reversal. 		Criminal Law and Procedure 2DCA/6 Oct. 27, 2017
Modification: Briggs v. Brown
Proposition 66--the Death Penalty Reform and Savings Act of 2016--upheld despite concerns over separation of powers, where measure's stated deadlines are directive rather than mandatory. 		Criminal Law and Procedure California Courts of Appeal Oct. 27, 2017
U.S. v. Wallen
Conviction for killing endangered species vacated and remanded where magistrate judge fails to apply 'subjective' good faith belief standard to defendant's self-defense theory. 		Criminal Law and Procedure 9th Oct. 26, 2017
People v. Mathews
Motion to suppress properly denied on estoppel grounds, where defendant gave false name to police and record check failed to reveal defendant was in fact subject to probation search condition. 		Criminal Law and Procedure 1DCA/1 Oct. 26, 2017
Modification: People v. Mooring
Criminalist's use of Indent-A-Drug Website to identify drugs found in defendants' possession do not violate hearsay law or confrontation clause. 		Criminal Law and Procedure 1DCA/5 Oct. 25, 2017
Gholipour v. Superior Court
Transferring court retains jurisdiction over restitution on remand until it determines the amount of restitution. 		Criminal Law and Procedure 4DCA/1 Oct. 25, 2017
People v. Malik
Defendant's confrontation rights violated under 'Sanchez' where prosecutor's cross-examination of defendant's PTSD expert involved case-specific testimonial hearsay not covered under any hearsay exception. 		Criminal Law and Procedure 3DCA Oct. 25, 2017
People v. Gonzales
Jury instructions regarding uncharged offenses may have been erroneous, but any error was not prejudicial to warrant reversal of child sex convictions. 		Criminal Law and Procedure 2DCA/6 Oct. 24, 2017
Modification: People v. Lin
Holding in 'People v. Sanchez' regarding expert's use of case-specific facts applies equally to cases involving commitments of mentally disordered offenders. 		Criminal Law and Procedure 2DCA/6 Oct. 24, 2017
Modification: People v. Bona
Mentally disordered offender fails to overturn commitment based on counsel's alleged failure to challenge trial court's repeated continuances of hearing on petition challenging determination. 		Criminal Law and Procedure 2DCA/6 Oct. 23, 2017
People v. Hahn
Court that terminates defendant’s probation does not thereby lack power to enforce jail sentence. 		Criminal Law and Procedure 2DCA/6 Oct. 20, 2017
People v. Rodriguez
Defendant with ankle monitor unsuccessful in challenging conviction for escaping from electronic monitoring program, where GPS data from monitor properly admitted. 		Criminal Law and Procedure 5DCA Oct. 20, 2017
Modification: Williams v. Superior Court (People)
Deputy district attorney's excusal of potential juror on hardship grounds during grand jury proceedings warrants dismissal of indictment. 		Criminal Law and Procedure 3DCA Oct. 19, 2017
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