| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A138474
|
People v. Lena
Court does not abuse its discretion in striking defendant's entire testimony when defendant refuses to answer any questions on cross-examination. |
Criminal Law and Procedure |
|
Feb. 24, 2017 | |
|
B258587
|
People v. Cowan
Prosecutor's grossly inaccurate explanation of reasonable doubt requires reversal of defendant's convictions and sentence. |
Criminal Law and Procedure |
|
Feb. 24, 2017 | |
|
G052512
|
People v. Nicolas
Speeding, texting driver that killed motorist obtains reversal of gross vehicular manslaughter conviction due to instructional error that lowered prosecution's burden of proof. |
Criminal Law and Procedure |
|
Feb. 24, 2017 | |
|
15-8049
|
Buck v. Davis
Defense attorney's introduction of evidence that race is factor to be considered in determining propensity for violence violates defendant's right to effective assistance of counsel. |
Criminal Law and Procedure |
|
Feb. 23, 2017 | |
|
C075573
|
People v. Camel
Wiretap Act does not mandate courts to use 'Aguilar-Spinelli' test to determine probable cause for wiretap surveillance in motion to suppress hearing. |
Criminal Law and Procedure |
|
Feb. 22, 2017 | |
|
H042287
|
People v. Smith
Defendant convicted of attempted possession of controlled substance for sale unsuccessful in challenging narcotics registration requirement, where registration statute applies to both attempts and completed violations. |
Criminal Law and Procedure |
|
Feb. 21, 2017 | |
|
H042551
|
People v. Lowery
Amount written on forged check does not necessarily determine 'value' for purposes of misdemeanor classification under Penal Code Section 473. |
Criminal Law and Procedure |
|
Feb. 21, 2017 | |
|
B269048
|
People v. Diaz
Reclassification of prior felony conviction under Prop. 47 does not preclude its use to support sentence enhancement where judgment on prior conviction had been final. |
Criminal Law and Procedure |
|
Feb. 17, 2017 | |
|
A143378
|
People v. Clark
Petitioner not entitled to hearing on constitutional validity of prior 'strike' conviction on motion for resentencing under the Three Strikes Reform Act. |
Criminal Law and Procedure |
|
Feb. 17, 2017 | |
|
S228642
|
People v. Superior Court (Morales)
Under Penal Code section 1054.9, superior court has jurisdiction to grant motion to preserve evidence relating to capital case that is pending review on automatic appeal. |
Criminal Law and Procedure |
|
Feb. 17, 2017 | |
|
G052951
|
People v. Alsafar
MDOs, SVPs and NGIs are similarly situated with respect to the testimonial privilege for purposes of equal protection; dismissal nevertheless warranted where offender subsequently recommitted without being compelled to testify. |
Criminal Law and Procedure |
|
Feb. 17, 2017 | |
|
H042086
|
People v. Dillard
Additional probation conditions mandated by Penal Code Section 1203.067 are not direct consequences of defendant's open plea and does not require pre-plea 'Bunnell' advisement. |
Criminal Law and Procedure |
|
Feb. 16, 2017 | |
|
A149006
|
McGinnis v. Superior Court (People)
Motion for post-conviction discovery may not be denied solely due to habeas petitioner's inability to pay for copies of materials in advance. |
Criminal Law and Procedure |
|
Feb. 16, 2017 | |
|
B276937
|
People v. Superior Court (Corbett)
Evidence obtained in unlawful search properly suppressed as evidence would not likely be found during second, warrant-based search, which was supported by firearms discovered during first search. |
Criminal Law and Procedure |
|
Feb. 16, 2017 | |
|
A144351
|
People v. Cuiriz
27 year to life sentence for defendant who shot at her father's attackers is 'cruel and unusual' in light of defendant's mental state and lighter sentence for first degree murder under California law. |
Criminal Law and Procedure |
|
Feb. 16, 2017 | |
|
H041651
|
People v. Presley
Mentally disordered offender forfeits right to jury trial on discharge from outpatient program by being absent from trial court hearing on matter. |
Criminal Law and Procedure |
|
Feb. 15, 2017 | |
|
A140775
|
People v. Price
Co-defendants' plea deals for voluntary manslaughter not legally inconsistent with defendant's conviction of murder, as manslaughter is lesser included offense. |
Criminal Law and Procedure |
|
Feb. 13, 2017 | |
|
D069324
|
People v. Watson
Sentence of life without possibility of parole imposed on juvenile homicide offender following resentencing hearing upheld, where defendant's constitutional challenges lack merit. |
Criminal Law and Procedure |
|
Feb. 13, 2017 | |
|
G046534
|
In re Miles
Defendant obtains habeas relief after spending 19 years in prison pursuant to recently amended Penal Code Section 1473 though he would not have qualified under previous standard. |
Criminal Law and Procedure |
|
Feb. 13, 2017 | |
|
H042551
|
People v. Lowery
Amount written on forged check does not necessarily determine 'value' for purposes of misdemeanor classification under Penal Code Section 473. |
Criminal Law and Procedure |
|
Feb. 13, 2017 | |
|
F070733
|
People v. Cook
Prior strike conviction for assault to commit rape does not automatically render petitioner ineligible for resentencing under Three Strikes Reform Act. |
Criminal Law and Procedure |
|
Feb. 10, 2017 | |
|
A140589
|
People v. Bush
Self-represented defendant unsuccessful in challenging convictions, where he knowingly and intelligently waived his right to counsel. |
Criminal Law and Procedure |
|
Feb. 10, 2017 | |
|
C069555
|
People v. Nichols
Victim's parents' request for restitution not subject to doctrine of comparative negligence in case in which victim's excessive speeding was 'substantial factor' in his death at hands of drunk driver. |
Criminal Law and Procedure |
|
Feb. 10, 2017 | |
|
S227193
|
People v. Hall
Explicit knowledge requirement not constitutionally mandated for probation conditions that bar defendants from possessing firearms or illicit drugs because knowing possession is implicit. |
Criminal Law and Procedure |
|
Feb. 10, 2017 | |
|
D068746
|
People v. Martinez
Statute requiring restitution for victims of Penal Code Section 288 includes victims of Section 288.5, as bar on Section 288.5 victims would be 'absurd.' |
Criminal Law and Procedure |
|
Feb. 9, 2017 | |
|
14-50393
|
U.S. v. Peralta-Sanchez
Due process does not require alien be offered opportunity to secure counsel in context of expedited removal proceeding under 8 U.S.C. section 1225. |
Criminal Law and Procedure |
|
Feb. 8, 2017 | |
|
16-10121
|
U.S. v. Loucious
Suppression motion erroneously granted where officer's 'Miranda' warnings, though not verbatim, reasonably conveyed suspect's right to an attorney prior to custodial questioning. |
Criminal Law and Procedure |
|
Feb. 8, 2017 | |
|
F069140
|
People v. Frutoz
Defendant convicted of possession of firearm by a felon is not entitled to resentencing, where finding he was armed with firearm during commission of offense is disqualifying. |
Criminal Law and Procedure |
|
Feb. 7, 2017 | |
|
F071140
|
People v. Johnson
Proposition 47 does not apply retroactively to allow for resentencing in cases in which enhancements were added for previous felony convictions later designated as misdemeanors. |
Criminal Law and Procedure |
|
Feb. 3, 2017 | |
|
F069279
|
People v. Lamb
Great bodily injury enhancement attached to conviction for felony assault is not barred by Penal Code section 12022.7(g). |
Criminal Law and Procedure |
|
Feb. 3, 2017 |
