Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
H040226
|
People v. Bankers Insurance Co.
Filing of amended complaint does not warrant exoneration of bond where amendment, though unauthorized, did not materially increase surety's risk under the bond. |
Criminal Law and Procedure |
|
May 31, 2016 | |
H041847
|
People v. Nice
Police officer's visual speed estimation, combined with experience and expertise, provided reasonable suspicion for traffic stop, defeating defendants' suppression motion. |
Criminal Law and Procedure |
|
May 30, 2016 | |
A143082
|
People v. Young
Warrantless search of sex offender lawful though occurring one year and one day after initial placement on postrelease community supervision, which year no violation occurred. |
Criminal Law and Procedure |
|
May 30, 2016 | |
C071195
|
People v. Vasquez
Defendants unsuccessful in challenging imposition of gang enhancements where prosecution presents sufficient evidence that multiple Norteno gang subsets acted as single group. |
Criminal Law and Procedure |
|
May 26, 2016 | |
14-99008
|
Smith v. Ryan
Denial of federal habeas petition proper in case challenging death sentence under Antiterrorism and Effective Death Penalty Act. |
Criminal Law and Procedure |
|
May 26, 2016 | |
S077524
|
People v. Salazar
Sentencing court may use defendant's prior juvenile murder conviction as basis for special circumstance that made current first degree murder conviction punishable by death. |
Criminal Law and Procedure |
|
May 26, 2016 | |
S217699
|
People v. Franklin
Constitutional claim by juvenile homicide offender serving two consecutive 25-years-to-life sentences rendered moot by newly-enacted statutes requiring parole hearing by 25th year of incarceration. |
Criminal Law and Procedure |
|
May 26, 2016 | |
S223651
|
In re Richards
Husband convicted of wife's murder obtains habeas relief following expert witness's retraction of bite mark testimony, which constituted 'false evidence' under recently-amended Penal Code Section 1473. |
Criminal Law and Procedure |
|
May 26, 2016 | |
E064010
|
Jackson v. Superior Court (People)
Following denial of relief to petitioner ordered committed to state hospital, court urges Legislature to amend Penal Code Section 1370(c)(2) to provide courts more clarity. |
Criminal Law and Procedure |
|
May 25, 2016 | |
14-16399
|
Rodriguez v. Copenhaver
Bureau of Prison's reliance on recused judge's letter in denying federal prisoner's nunc pro tunc designation of his sentence legally erroneous and violates due process. |
Criminal Law and Procedure |
|
May 25, 2016 | |
A144800
|
People v. Lehman
Grandfather unsuccessful in challenging $1 million noneconomic restitution award to victims, his granddaughters. |
Criminal Law and Procedure |
|
May 25, 2016 | |
B260373
|
County of Los Angeles v. Financial Casualty & Surety Inc.
Trial court lacks jurisdiction over bail bond under Penal Code Section 1305(b) where surety was never notified of bail forfeiture due to clerk error. |
Criminal Law and Procedure |
|
May 25, 2016 | |
C072053
|
People v. Conejo
No alteration on rehearing, where defendants successful in reversing gang enhancement in light of 'People v. Prunty.' |
Criminal Law and Procedure |
|
May 25, 2016 | |
14–8349
|
Foster v. Chatman
Georgia Supreme Court's rejection of convicted murderer's 'Batson' claims clearly erroneous in light of prosecution's persistent focus on race, demonstrating racial animosity. |
Criminal Law and Procedure |
|
May 24, 2016 | |
S220247
|
People v. Robinson
Where same evidence is required to support all elements of misdemeanor sexual battery and sexual battery by fraudulent representation, former offense is not lesser included offense of the latter. |
Criminal Law and Procedure |
|
May 24, 2016 | |
B249467
|
People v. Aleman
Cronies fail to escape murder conviction in killing of 'big shot' they have had 'beef' with in light of compelling evidence against them. |
Criminal Law and Procedure |
|
May 24, 2016 | |
B258587
|
People v. Cowan
Although prosecutor commits misconduct in stating incorrect presumption of innocence, error harmless beyond reasonable doubt due partly to proper instructions and overwhelming evidence of guilt. |
Criminal Law and Procedure |
|
May 24, 2016 | |
14-35897
|
Carrillo-Carrillo v. Coursey
Dismissal of federal habeas petition reversed where petitioner fairly presents to Oregon courts his claims that trial counsel rendered ineffective assistance. |
Criminal Law and Procedure |
|
May 24, 2016 | |
E062858
|
People v. Smith
Check exchange business constitutes 'commercial establishment' for purposes of shoplifting statute, Penal Code Section 459.5, added under Proposition 47. |
Criminal Law and Procedure |
|
May 24, 2016 | |
H040942
|
People v. Espino
Consent given to vehicle search while defendant was unlawfully under arrest is not valid because not voluntarily given. |
Criminal Law and Procedure |
|
May 24, 2016 | |
14-1457
|
Betterman v. Montana
Sixth Amendment's speedy trial guarantee does not apply once defendant has been found guilty at trial or has pled guilty to criminal charges. |
Criminal Law and Procedure |
|
May 20, 2016 | |
C078233
|
People v. Silva
Failure to notice defendant of his ability to withdraw plea in the event court seeks to impose sentence outside the plea's agreed boundaries requires remand. |
Criminal Law and Procedure |
|
May 20, 2016 | |
B264807
|
People v. Arendtsz
Penal Code Section 1016.5 motion to vacate nolo contendere plea for felony sexual battery properly denied where defendant was twice advised of adverse immigration consequences of plea. |
Criminal Law and Procedure |
|
May 20, 2016 | |
A143344
|
People v. Deegan
Homeless man's separate punishment arising out of an incident at Golden Gate Park is proper under multiple-victim exception to Penal Code Section 654. |
Criminal Law and Procedure |
|
May 19, 2016 | |
14-30231
|
U.S. v. Tadios
Estimated value of time CEO of federally-funded health care clinic spent visiting her husband, which should have been reported as annual leave, properly included in loss calculation. |
Criminal Law and Procedure |
|
May 19, 2016 | |
F067666
|
People v. McEntire
Sufficient evidence supports violent felony enhancement based on finding nonparticipant was present during commission of burglary where nonparticipant sees intruder but flees before he enters. |
Criminal Law and Procedure |
|
May 18, 2016 | |
14-50509
|
U.S. v. Quintero-Leyva
Defendant successfully obtains re-sentencing on importation of methamphetamine conviction to allow for retroactive application of amendment to minor role reduction under federal sentencing guidelines. |
Criminal Law and Procedure |
|
May 18, 2016 | |
A145625
|
In re Johnson
In light of 'People v. Chiu,' defendant's conviction for first degree premeditated murder based on natural and probable consequences theory of aiding and abetting vacated. |
Criminal Law and Procedure |
|
May 18, 2016 | |
B264637
|
People v. Vasquez
Trial court lacks authority to vacate completed sentence on prior felony conviction that qualified for redesignation as a misdemeanor under Proposition 47. |
Criminal Law and Procedure |
|
May 18, 2016 | |
15-833
|
Kernan v. Hinojosa
Ninth Circuit improperly reviews California inmate's ex post facto claim de novo rather than through AEDPA's deferential lens, warranting reversal of habeas relief. |
Criminal Law and Procedure |
|
May 17, 2016 |