| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B259918
|
People v. Falaniko
Attempted murder convictions overturned due to instructional error that allowed jury to convict defendant without finding of specific intent to kill each intended victim. |
Criminal Law and Procedure |
|
Aug. 2, 2016 | |
|
14-10452
|
U.S. v. Benally
Defendant's conviction for using a firearm in connection with a 'crime of violence' overturned in light of 'Leocal' and 'Fernandez-Ruiz.' |
Criminal Law and Procedure |
|
Aug. 2, 2016 | |
|
11-10244
|
U.S. v. Alvirez
Erroneous admission of unauthenticated Certificate of Indian Blood to establish defendant's Indian status requires reversal of conviction for assault resulting in serious bodily injury on Indian reservation. |
Criminal Law and Procedure |
|
Aug. 2, 2016 | |
|
S139103
|
People v. Jackson
Judgment of death affirmed following convictions relating to murder and attempted murder of two elderly women, with remand ordered to recalculate noncapital portion of sentence. |
Criminal Law and Procedure |
|
Aug. 2, 2016 | |
|
H041573
|
People v. Lexington National Insurance Corp.
Misdemeanor defendant's nonappearance at pre-trial hearing warrants bail forfeiture despite appearance through counsel where trial court ordered her to personally appear at scheduled hearing. |
Criminal Law and Procedure |
|
Aug. 1, 2016 | |
|
15-10260
|
U.S. v. Prigge
Defendant's decision not to testify at trial bars his claim on appeal challenging court's pre-trial decision not to preclude, in advance, impeachment with prior conviction. |
Criminal Law and Procedure |
|
Aug. 1, 2016 | |
|
14-50549
|
U.S. v. Lustig
Defendant may withdraw conditional guilty plea to child sex trafficking charges in light of concededly erroneous suppression motion ruling regarding warrantless searches of car cellphones. |
Criminal Law and Procedure |
|
Aug. 1, 2016 | |
|
C077269
|
People v. Byrd
Failure to prove police officers were 'in a distinctive uniform' results in reversal of conviction for fleeing from pursuing police officer under Vehicle Code Section 2800.2. |
Criminal Law and Procedure |
|
Aug. 1, 2016 | |
|
A142012
|
People v. Putney
Trial courts may not commit criminal defendants under the Sexually Violent Predators Act years before their sentences of incarceration are set to end. |
Criminal Law and Procedure |
|
Jul. 29, 2016 | |
|
12-56506
|
Munoz Santos v. Thomas
Evidence that statements were obtained by coercion may be treated as 'explanatory' evidence admissible in extradition hearing. |
Criminal Law and Procedure |
|
Jul. 29, 2016 | |
|
A145922
|
People v. Curry
Defendant cannot escape plain language of Proposition 47 and must file petition for recall of sentence with trial court that entered her judgment of conviction. |
Criminal Law and Procedure |
|
Jul. 29, 2016 | |
|
F069487
|
People v. Loya
Convictions reversed where exasperated judge's rejection of negotiated plea agreement without reason constituted abuse of discretion. |
Criminal Law and Procedure |
|
Jul. 28, 2016 | |
|
D068384
|
People v. Johnson
Petitioning defendant, not prosecution, has initial burden of establishing eligibility for resentencing under Proposition 47. |
Criminal Law and Procedure |
|
Jul. 28, 2016 | |
|
14-10170
|
U.S. v. Wanland
All of defendant's arguments challenging convictions for tax related offenses lack merit, resulting in affirmance. |
Criminal Law and Procedure |
|
Jul. 28, 2016 | |
|
B262455
|
People v. Debouver
Defendant's entry into secured subterranean garage where resident caught him breaking into vehicles red handed, supported finding of 'person-present' sentence enhancement. |
Criminal Law and Procedure |
|
Jul. 28, 2016 | |
|
E063943
|
Davis v. Superior Court (People)
Inmate not required to pay in advance for costs of postconviction discovery, winning remand so court may consider to which specific discovery he is entitled. |
Criminal Law and Procedure |
|
Jul. 26, 2016 | |
|
B256043
|
People v. Hydrick
45-day custody hold issued to evaluate whether prisoner is sexually violent predator permissible as decision to petition to commit is part of determination process. |
Criminal Law and Procedure |
|
Jul. 25, 2016 | |
|
13-56360
|
Jones v. Harrington
State prisoner convicted of murder entitled to release or new trial where confession admitted even though prisoner simply and unambiguously invokes right to remain silent. |
Criminal Law and Procedure |
|
Jul. 25, 2016 | |
|
C080870
|
Cox v. Superior Court (Kernan)
Peremptory writ of mandate issued vacating court's orders where court strikes civil complaint after incorrectly deeming it to be petition for writ of habeas corpus. |
Criminal Law and Procedure |
|
Jul. 25, 2016 | |
|
S219109
|
People v. Fuentes
Gang enhancement allegation dismissal in plea agreement appropriate under Penal Code section 1385(a), granting courts discretion to dismiss actions in 'furtherance of justice.' |
Criminal Law and Procedure |
|
Jul. 22, 2016 | |
|
D069936
|
People v. Ghipriel
Sexual assault by restaurant manager within locked back office can amount to force necessary to make misdemeanor false imprisonment a felony. |
Criminal Law and Procedure |
|
Jul. 22, 2016 | |
|
B264614
|
People v. Salmorin
Prop. 47 petition to recall forgery sentence improperly denied where trial court erroneously aggregated face amounts of forged checks charged in single forgery count. |
Criminal Law and Procedure |
|
Jul. 21, 2016 | |
|
H041615
|
People v. Soto
Reversal of second degree murder conviction not warranted despite erroneous jury instruction that precluded jury from considering involuntary intoxication pertaining to imperfect self-defense claim. |
Criminal Law and Procedure |
|
Jul. 21, 2016 | |
|
13-99005
|
Ayala v. Chappell
State prisoner unsuccessful in challenging denial of habeas corpus petition under Antiterrorism and Effective Death Penalty Act on ineffective assistance of counsel and other grounds. |
Criminal Law and Procedure |
|
Jul. 21, 2016 | |
|
B260774
|
People v. Frierson
Inmate convicted of stalking not eligible for resentencing under Three Strikes law as third conviction considered violent, dangerous. |
Criminal Law and Procedure |
|
Jul. 21, 2016 | |
|
A137355
|
People v. Disa
First degree murder conviction overturned due to erroneous admission of 'highly inflammatory' evidence of defendant's prior act of domestic violence. |
Criminal Law and Procedure |
|
Jul. 19, 2016 | |
|
S102166
|
People v. Simon
Defendant's claims unavailing, resulting in affirmance of death sentence following convictions for multiple murder and rape. |
Criminal Law and Procedure |
|
Jul. 19, 2016 | |
|
S235069
|
People v. Aguirre
Order |
Criminal Law and Procedure |
|
Jul. 18, 2016 | |
|
C070517
|
People v. Snyder
Insufficient evidence to convict defendant of lewd acts upon child under 14, where testimonial evidence is equivocal as to whether child was 14 when acts took place. |
Criminal Law and Procedure |
|
Jul. 18, 2016 | |
|
14-30210
|
U.S. v. Pimentel-Lopez
In drug possession and conspiracy case, jury's special finding that quantity of drugs was less than 50 grams is dispositive and cannot be contradicted by court. |
Criminal Law and Procedure |
|
Jul. 18, 2016 |
