| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C079831
|
People v. Rendon
Possession of materials that may be used to produce more counterfeit bills irrelevant to valuation of counterfeit bills for purposes of determining defendant's punishment for forgery. |
Criminal Law and Procedure |
|
Oct. 30, 2016 | |
|
A145162
|
People v. Evensen
Defendant has no reasonable expectation of privacy in his computer's shared folder associated with peer-to-peer computer network used to share child pornography. |
Criminal Law and Procedure |
|
Oct. 30, 2016 | |
|
D068584
|
People v. Lewis
Petitioner who is still serving period of PCRS has not yet 'completed' sentence and is ineligible for redesignation of otherwise qualified offense under Prop. 47. |
Criminal Law and Procedure |
|
Oct. 30, 2016 | |
|
B258517
|
People v. Tatum
In murder case, judge's negative comments to jury about plumbers provides basis for mistrial where defendant's alibi witness is a plumber. |
Criminal Law and Procedure |
|
Oct. 30, 2016 | |
|
B260824
|
People v. Learnard
'Strike' reversed as to prior assault conviction where record of conviction did not distinguish types of assault that would support 'strike' finding. |
Criminal Law and Procedure |
|
Oct. 30, 2016 | |
|
C078537
|
People v. Lopez
'In re Arturo D.' remains good law, permitting officer's warrantless search of driver's purse for identification, warranting the reversal of the dismissal of case against driver. |
Criminal Law and Procedure |
|
Oct. 27, 2016 | |
|
B269709
|
People v. Aguilar
Defendant unsuccessful in arguing that restitution order must be vacated because it lacks factual nexus to damage caused by his graffiti vandalism. |
Criminal Law and Procedure |
|
Oct. 27, 2016 | |
|
F069534
|
People v. Navarette
Mexican murder conviction cannot count as 'strike' as elements of crime do not match CA definition of murder due to possibility of self-defense justification. |
Criminal Law and Procedure |
|
Oct. 27, 2016 | |
|
A144021
|
People v. Sotelo-Urena
Exclusion of expert testimony regarding homeless man's heightened perception of deadly threat resulted in prejudice, warrants reversal of murder conviction. |
Criminal Law and Procedure |
|
Oct. 26, 2016 | |
|
B269705
|
People v. Wright
Speculative hebephilia diagnosis by expert psychologist who had no knowledge of victims' sexual development not enough to commit defendant to state hospital under Sexually Violent Predator Act. |
Criminal Law and Procedure |
|
Oct. 25, 2016 | |
|
D068582
|
People v. Cady
Driver obtains reversal of one of his drunk driving convictions where one was a lesser included offense of the other. |
Criminal Law and Procedure |
|
Oct. 23, 2016 | |
|
14-10147
|
United States v. Doe
Order |
Criminal Law and Procedure |
|
Oct. 23, 2016 | |
|
E061292
|
People v. Superior Court (Rangel)
Offender not entitled to apply excess postsentence custody credits to reduce or eliminate his mandatory period of community supervision following resentencing under Prop. 36. |
Criminal Law and Procedure |
|
Oct. 23, 2016 | |
|
E063172
|
People v. Johnson
Trial court errs by not instructing jury on prior convictions for manslaughter and hit and run in retrial for second degree murder charge in same case. |
Criminal Law and Procedure |
|
Oct. 23, 2016 | |
|
E064273
|
People v. Sweeney
Gang enhancements under Pen. Code Section 186.22(b) do not necessarily prohibit felony reclassification under Prop 47 to misdemeanor. |
Criminal Law and Procedure |
|
Oct. 19, 2016 | |
|
B269373
|
People v. Mitchell
Separate sentences for assault and robbery convictions barred by Pen. Code Section 654 as use of scissors in act render the two an 'indivisible transaction.' |
Criminal Law and Procedure |
|
Oct. 19, 2016 | |
|
F069243
|
People v. Reyes-Tornero
Penal Code Section 654 does not prohibit multiple punishment on multiple great bodily injury enhancements where several victims were involved. |
Criminal Law and Procedure |
|
Oct. 19, 2016 | |
|
E055062
|
People v. Windfield
Murder convictions and sentences affirmed, with remand ordered for limited purpose of addressing juvenile sentencing issue in light of 'People v. Franklin.' |
Criminal Law and Procedure |
|
Oct. 19, 2016 | |
|
16-50097
|
U.S. v. Nixon
Appropriations rider has no impact on the ability of federal district court to restrict medical marijuana use as a condition of defendant's probation. |
Criminal Law and Procedure |
|
Oct. 17, 2016 | |
|
14-10277
|
U.S. v. Dowai
Challenge to authority of Northern Mariana Island District Court to hear federal criminal cases rejected, resulting in affirmance of convictions. |
Criminal Law and Procedure |
|
Oct. 17, 2016 | |
|
14-10251
|
United States v. Camez
Juvenile Delinquency Act does not prohibit jury from considering pre-majority conduct for conviction of participation in a criminal enterprise before and after turning 18. |
Criminal Law and Procedure |
|
Oct. 17, 2016 | |
|
11-99008
|
Visciotti v. Martel
Regardless of whether petitioner's ineffective assistance of counsel claim are meritorious, Supreme Court's prior decision in case at hand precludes relief. |
Criminal Law and Procedure |
|
Oct. 17, 2016 | |
|
09-17339
|
McDaniels v. Kirkland
On remand, Ninth Circuit again upholds denial of habeas relief to two California state prisoners after considering entire state-court record, including materials not presented to state appellate court. |
Criminal Law and Procedure |
|
Oct. 16, 2016 | |
|
G047986
|
People v. Booth
Counsel's failure to move to dismiss case based on 19-year precharging delay constitutes ineffective assistance of counsel, resulting in reversal and new trial. |
Criminal Law and Procedure |
|
Oct. 13, 2016 | |
|
S179181
|
People v. Burgener
Murderer's expressed frustration and resignation neither suggest ambivalence nor intent to undermine proceedings that would warrant reversal of death judgment. |
Criminal Law and Procedure |
|
Oct. 13, 2016 | |
|
D067946
|
People v. Boswell
Separate conviction of burglary not lesser included offense of murder conviction with special circumstance of committing crime while in the commission of a burglary. |
Criminal Law and Procedure |
|
Oct. 13, 2016 | |
|
15-9173
|
Bosse v. Oklahoma
Oklahoma errs in concluding it was not bound by 'Booth v. Maryland' which held that Eighth Amendment prohibited certain victim impact evidence at capital sentencing. |
Criminal Law and Procedure |
|
Oct. 11, 2016 | |
|
A144572
|
In re Brigham
Conviction for first degree murder as aider and abettor vacated in light of 'People v. Chiu,' resulting in remand for new trial or reduction of conviction. |
Criminal Law and Procedure |
|
Oct. 10, 2016 | |
|
B268282
|
People v. Reyes
Two-year enhancement under California Penal Code section 12022.1 inapplicable when defendant's primary offense reduced to misdemeanor and resolved by plea of no contest. |
Criminal Law and Procedure |
|
Oct. 9, 2016 | |
|
15-30213
|
U.S. v. Kaplan
Replacement value provides best measure to ensure restitution to victims of huge hash oil explosion caused by fellow apartment dwellers. |
Criminal Law and Procedure |
|
Oct. 9, 2016 |
