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Name Category Published
U.S. v. Kaplan
Doctor's use of single-use needle guides in treating paying patients satisfies 'held for sale' element of 21 U.S.C. Section 331(k) of the FDCA. 		Criminal Law and Procedure Sep. 11, 2016
People v. Holm
Private golf and country club is a 'commercial establishment' for purposes of newly-enacted Penal Code Section 495.5 shoplifting statute under Prop. 47. 		Criminal Law and Procedure Sep. 8, 2016
People v. Sibrian
Expert testimony regarding police tactics and training admissible where proper use of gun, Taser outside scope of lay juror's knowledge. 		Criminal Law and Procedure Sep. 8, 2016
People v. Blackwell
'Miller' does not require 'irreparable corruption' be proved to jury before sentencing court may impose life without possibility of parole on juvenile homicide offender. 		Criminal Law and Procedure Sep. 8, 2016
People v. Covarrubias
Erroneous excusal of prospective juror based solely on his views on death penalty compels automatic reversal of murderer's death penalty phase; judgment otherwise upheld. 		Criminal Law and Procedure Sep. 8, 2016
People v. Cornejo
No alteration on second rehearing, where defendants successful in reversing gang enhancement in light of 'People v. Prunty' but otherwise unsuccessful on remaining contentions. 		Criminal Law and Procedure Sep. 6, 2016
Hopkins v. Superior Court (People)
Vehicle Code provision that prohibits pretrial diversion in DUI cases does not preclude military diversion under Penal Code Section 1001.80. 		Criminal Law and Procedure Sep. 5, 2016
Galzinski v. Somers (Seyffert)
Writ of mandate issued due to police department's failure to perform ministerial duty of satisfying obligations imposed by its published procedure regarding citizen's complaints. 		Criminal Law and Procedure Sep. 1, 2016
People v. Adelmann
Where receiving county receives 'entire jurisdiction' of case, Prop. 47 petition is proper there. 		Criminal Law and Procedure Sep. 1, 2016
People v. Cruz
Charged offense must be proven beyond reasonable doubt to be considered in determining guilt of other charged offense under Evidence Code Section 1108. 		Criminal Law and Procedure Sep. 1, 2016
People v. Ochoa
Attempted extortion conviction overturned where there was no evidence that shooter intended to extort anything from his victim; attempted murder conviction otherwise upheld. 		Criminal Law and Procedure Sep. 1, 2016
U.S. v. Alvarez
Defendant properly ordered to pay restitution as condition of supervised release for damages to rental car even though plea agreement made no mention of restitution. 		Criminal Law and Procedure Sep. 1, 2016
United States v. Aguilar-Canche
Trial court lacks discretion to alter defendant's sentence in accordance with amendment to sentencing guidelines as sentence was based on statutory minimums. 		Criminal Law and Procedure Aug. 30, 2016
People v. Spiller
'Super strikes' that render inmates statutorily ineligible for resentencing under Three Strikes Reform Act must occur prior to conviction resulting in third strike sentence. 		Criminal Law and Procedure Aug. 30, 2016
Frost v. Gilbert
Error preventing counsel from making alternative arguments in summation not prejudicial, where insufficiency argument would have 'fallen on deaf ears' due to overwhelming prosecutorial evidence. 		Criminal Law and Procedure Aug. 29, 2016
People v. McDowell
Trial court not prohibited from resentencing Prop. 47 petitioner to an overall prison term amounting to same length as his previous, plea-bargained sentence. 		Criminal Law and Procedure Aug. 28, 2016
Godoy v. Spearman
Murderer not entitled to habeas relief based on misconduct relating to juror who allegedly texted 'judge friend' during trial. 		Criminal Law and Procedure Aug. 25, 2016
People v. Orloff
Trial court properly used discretion provided under Evidence Code Section 352 in allowing evidence of prior threats made by defendant in criminal threats case. 		Criminal Law and Procedure Aug. 25, 2016
People v. Flores
Aider and abettor liability through natural and probable consequences is proper for nontarget offense of torture. 		Criminal Law and Procedure Aug. 24, 2016
People v. Hronchak
Court may impose confinement exceeding maximum allowed for misdemeanor offenses to defendant who was resentenced, given supervised parole under Prop. 47 and thereafter violated parole. 		Criminal Law and Procedure Aug. 24, 2016
People v. Miranda
Assault of inmate in Los Angeles County Jail merits gang enhancement as evidence supports fact that perpetrators were members of criminal organization known as 'Southside gang.' 		Criminal Law and Procedure Aug. 23, 2016
People v. Rodriguez
Trial court must take 'reasonable steps in good faith' to ensure judge who hears initial suppression of evidence motion hears subsequent suppression motions. 		Criminal Law and Procedure Aug. 22, 2016
People v. Grimes
California Supreme Court clarifies application of against-interest hearsay exception and overturns defendant's death judgment while keeping intact murder conviction and special circumstances findings. 		Criminal Law and Procedure Aug. 22, 2016
People v. Newman
Defendant ineligible for resentencing under Prop. 36 where record of conviction showed he intended to cause great bodily injury, a disqualifying factor. 		Criminal Law and Procedure Aug. 21, 2016
People v. Garner
'Larceny' as used under newly-added Prop. 47 'shoplifting' statute, includes 'theft by false pretenses,' making petitioner's felony burglary conviction reducible to misdemeanor shoplifting. 		Criminal Law and Procedure Aug. 21, 2016
People v. Wagner
Reversal and remand result where trial court incorrectly concludes it lacks jurisdiction under Penal Code section 1473.6 to hear claims related to improper revocation of parole. 		Criminal Law and Procedure Aug. 21, 2016
People v. Raygoza
Offender's home detention complied with county's electronic monitoring program and met Penal Code Section 1203.018's standards, making him eligible for custody credits. 		Criminal Law and Procedure Aug. 18, 2016
U.S. v. Harmon
Intentional misconduct by prosecution during grand jury proceedings goes to witness's credibility and does not constitute structural error that would warrant automatic reversal. 		Criminal Law and Procedure Aug. 18, 2016
People v. Stylz
Individual storage unit within larger facility is not "commercial establishment;" forced entry by Prop 47 appellant was thus not shoplifting. 		Criminal Law and Procedure Aug. 17, 2016
People v. Chatman
Statutory distinctions in Penal Code Section 4852.01 that render subsequently-incarcerated former felony probationers ineligible for certificate of rehabilitation, but not former felony prisoners, violate equal protection. 		Criminal Law and Procedure Aug. 17, 2016
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