| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E060438
|
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 |
|
M. Ramirez | Oct. 27, 2017 |
|
A144046
|
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 |
|
J. Kennedy | Oct. 27, 2017 |
|
B272132
|
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 |
|
K. Yegan | Oct. 27, 2017 |
|
S238309
|
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 |
|
Oct. 27, 2017 | |
|
16-30033
|
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 |
|
R. Fisher | Oct. 26, 2017 |
|
A146652
|
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 |
|
J. Humes | Oct. 26, 2017 |
|
A143470
|
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 |
|
Oct. 25, 2017 | |
|
D072235
|
Gholipour v. Superior Court
Transferring court retains jurisdiction over restitution on remand until it determines the amount of restitution. |
Criminal Law and Procedure |
|
P. Benke | Oct. 25, 2017 |
|
C080291
|
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 |
|
A. Hoch | Oct. 25, 2017 |
|
B276101
|
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 |
|
A. Gilbert | Oct. 24, 2017 |
|
B278102
|
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 |
|
Oct. 24, 2017 | |
|
B277751
|
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 |
|
Oct. 23, 2017 | |
|
B279344
|
People v. Hahn
Court that terminates defendant’s probation does not thereby lack power to enforce jail sentence. |
Criminal Law and Procedure |
|
S. Perren | Oct. 20, 2017 |
|
F070900
|
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 |
|
C. Poochigian | Oct. 20, 2017 |
|
C083126
|
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 |
|
Oct. 19, 2017 | |
|
15-10521
|
U.S. v. Preston
Aggravated sexual abuse of child convictions reversed and new trial ordered due to evidentiary errors and prosecutorial misconduct. |
Criminal Law and Procedure |
|
T. Berg | Oct. 18, 2017 |
|
C082556
|
People v. Warmington
Petition to redesignate conviction for embezzlement improperly denied where property embezzled was worth less than $950 and petitioner not otherwise ineligible for Proposition 47 relief. |
Criminal Law and Procedure |
|
C. Blease | Oct. 18, 2017 |
|
A147248
|
People v. Lewelling
Conviction reversed where trial court's jury instruction directs jury to refer to other jury instruction that does not define essential element of charge. |
Criminal Law and Procedure |
|
J. Richman | Oct. 18, 2017 |
|
F071142
|
People v. Navarra
Proposition 57 does not apply retroactively to afford juvenile homicide offender sentenced to life without possibility of parole juvenile 'fitness hearing' under 'Montgomery v. Louisiana.' |
Criminal Law and Procedure |
|
B. Hill | Oct. 17, 2017 |
|
D071334
|
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 |
|
W. Dato | Oct. 13, 2017 |
|
B266209
|
People v. Alaniz
Motion for new trial properly denied where defendant fails to show jury misconduct stemming from its discussion of defendant's failure to testify. |
Criminal Law and Procedure |
|
F. Menetrez | Oct. 12, 2017 |
|
H041739
|
People v. Pettie
Gang enhancements reversed where defendant had no opportunity to cross-examine source of testimonial hearsay. |
Criminal Law and Procedure |
|
B. Walsh | Oct. 12, 2017 |
|
14-56855
|
Gonzalez v. Sherman
State court's alteration of presentence credits constitutes new intervening judgment allowing prisoner to file federal habeas petition that does not run afoul of AEDPA's prohibition on 'second or successive' petitions. |
Criminal Law and Procedure |
|
S. Reinhardt | Oct. 12, 2017 |
|
15-10557
|
U.S. v. Bonnett
An obstruction of justice enhancement may be based upon a finding of the defendant's malingering. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Oct. 11, 2017 |
|
16-30150
|
U.S. v. Slade
Prior conviction for second-degree assault under Washington law erroneously treated as crime of violence, warranting resentencing of felon in possession of firearm conviction. |
Criminal Law and Procedure |
|
C. Bea | Oct. 11, 2017 |
|
C075909
|
People v. Mays
Defendant unsuccessful in challenging restitution order to estate of victim's mother, where mother qualified as victim under the statute and incurred expenses before death. |
Criminal Law and Procedure |
|
G. Nicholson | Oct. 9, 2017 |
|
B277433M
|
People v. Blancett
Reversal required due to failure to obtain defendant's knowing, voluntary and intelligent waiver of right to jury trial in mentally disordered offender commitment hearing. |
Criminal Law and Procedure |
|
A. Gilbert | Oct. 6, 2017 |
|
C079280
|
People v. Jo
Defendant unsuccessful in challenging conviction for child custody deprivation, where trial-related errors were either harmless or meritless. |
Criminal Law and Procedure |
|
J. Renner | Oct. 5, 2017 |
|
B276571
|
People v. Cruz
Defendant ineligible for Proposition 36 resentencing where defendant was armed with weapon during commission of his or her crime. |
Criminal Law and Procedure |
|
K. Yegan | Oct. 4, 2017 |
|
12-56594
|
Rodriguez v. McDonald
State courts’ finding of valid waiver of right to counsel unreasonable; therefore, teen’s purported confession violated his ‘Miranda’ rights, warranting habeas relief. |
Criminal Law and Procedure |
|
R. Lasnik | Oct. 2, 2017 |
