| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
09-99017
|
Mann v. Ryan
Arizona state prisoner's 'Strickland' claim must be approached with AEDPA deference where state court's application of 'Strickland' standard was ambiguous. |
Criminal Law and Procedure |
|
Jul. 18, 2016 | |
|
14-50533
|
U.S. v. Ornelas
Sentence imposed in absentia lawful where defendant's appeal waiver is valid and he was 'voluntarily absent' for sentencing hearing. |
Criminal Law and Procedure |
|
Jul. 15, 2016 | |
|
14-10210
|
U.S. v. Torres
Felon fails to overturn adverse ruling on his motion to suppress evidence of handgun found in vehicle's air filter compartment during police officer's inventory search. |
Criminal Law and Procedure |
|
Jul. 15, 2016 | |
|
B266497
|
People v. McCaw
'Strike' enhancement based on New York conviction for third degree robbery overturned in light of 'Descamps' where trial court erroneously relied on plea colloquy. |
Criminal Law and Procedure |
|
Jul. 14, 2016 | |
|
H041050
|
People v. Cordova
Proposition 47's narrowed definition of dangerousness applies to determinations of dangerousness under Three Strikes Reform Act. |
Criminal Law and Procedure |
|
Jul. 14, 2016 | |
|
E062401
|
People v. Hamernik
Appeals court cannot review motion to amend information as trial court found it moot, improperly substituting lesser-included offense. |
Criminal Law and Procedure |
|
Jul. 13, 2016 | |
|
E064355
|
People v. Mutter
Denial of Proposition 47 petition seeking resentencing reversed where counterfeit currency is a 'bank bill' for purposes of misdemeanor portion of forgery statute. |
Criminal Law and Procedure |
|
Jul. 13, 2016 | |
|
C075731
|
People v. Vang
Murderer not guilty of arson of inhabited structure when lone occupant was already dead when defendant and his cousin set fire to house. |
Criminal Law and Procedure |
|
Jul. 13, 2016 | |
|
B261916
|
People v. Trevino
Defendant's first degree burglary conviction of an inhabited RV stands despite absence of terms 'recreational vehicle' or 'house car' in Penal Code Section 460(a). |
Criminal Law and Procedure |
|
Jul. 13, 2016 | |
|
S097886
|
People v. Zaragoza
High court overturns defendant's death penalty judgment on account of trial court's error in the death-qualification of the jury. |
Criminal Law and Procedure |
|
Jul. 12, 2016 | |
|
S224929
|
People v. Espinoza
Court appropriately proceeds with non-capital felony trial despite absence of defendant as voluntary absence is waiver of right to be present. |
Criminal Law and Procedure |
|
Jul. 12, 2016 | |
|
C075191
|
People v. Ranlet
Child molestation convictions affirmed where court does not abuse discretion in admitting evidence of defendant's statements made in private chat room in order to show intent. |
Criminal Law and Procedure |
|
Jul. 12, 2016 | |
|
D069050
|
People v. Fusting
Entering business with intent to commit theft by false pretenses qualifies as shoplifting under new Penal Code Section 459.5. |
Criminal Law and Procedure |
|
Jul. 12, 2016 | |
|
E063900
|
People v. Jefferson
Denial of Proposition 47 petition for recall and resentencing of commercial burglary felony conviction to misdemeanor shoplifting proper where ample evidence supports dangerousness finding. |
Criminal Law and Procedure |
|
Jul. 11, 2016 | |
|
E063745
|
People v. Jones
Proposition 47 petition for retroactive striking of enhancement properly denied, but remand warranted where commercial burglary conviction otherwise qualified for reclassification as misdemeanor shoplifting. |
Criminal Law and Procedure |
|
Jul. 11, 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 |
|
Jul. 11, 2016 | |
|
08-50531
|
U.S. v. Christensen
Criminal sleuths escape computer fraud- and unauthorized computer access-related convictions connected to operation of criminal enterprise, Pellicano Investigative Agency. |
Criminal Law and Procedure |
|
Jul. 11, 2016 | |
|
H041157
|
People v. Ocegueda
Failure to instruct jury that it could consider defendant's mental disabilities involving claim for imperfect self-defense not prejudicial, but reversal nevertheless warranted due to sentencing error. |
Criminal Law and Procedure |
|
Jul. 11, 2016 | |
|
14-10448
|
United States v. Phillips
Defendant's challenge to conviction for being felon in possession of firearm based on argument that predicate offense of 'misprision of felony' violates Second Amendment rejected. |
Criminal Law and Procedure |
|
Jul. 7, 2016 | |
|
D069661
|
People v. Field
Strict scrutiny is appropriate level of review in considering disparate treatment of sexually violent predators and those found not guilty by reason of insanity. |
Criminal Law and Procedure |
|
Jul. 7, 2016 | |
|
14-10037
|
U.S. v. Nosal
Convictions affirmed where former employee with revoked computer access acts 'without authorization' under Computer Fraud and Abuse Act by conspiring to use login credentials of current employee. |
Criminal Law and Procedure |
|
Jul. 6, 2016 | |
|
B261916
|
People v. Trevino
Defendant's first degree burglary conviction of an inhabited RV stands despite absence of terms 'recreational vehicle' or 'house car' in Penal Code Section 460(a). |
Criminal Law and Procedure |
|
Jul. 6, 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. 5, 2016 | |
|
B263511
|
People v. Franklin
Insufficient evidence for gang enhancement allegations under Penal Code § 186.22 merits partial reversal in burglary, false imprisonment case. |
Criminal Law and Procedure |
|
Jul. 5, 2016 | |
|
G051812
|
People v. Montgomery
'Prior conviction' rendering applicant ineligible for redesignation of felony to misdemeanor under Proposition 47 is conviction that occurs prior to filing of application for redesignation. |
Criminal Law and Procedure |
|
Jul. 5, 2016 | |
|
F071884
|
Brooks v. Mercy Hospital
Judgment in favor of defendant hospital that treated prisoner reversed where court fails to apply special tolling provision relating to prisoners. |
Criminal Law and Procedure |
|
Jul. 5, 2016 | |
|
B265578
|
People v. Eulian
Off-duty firefighter who punched cat lady into unconsciousness cannot escape assault and battery convictions based on allegedly erroneous self-defense jury instructions. |
Criminal Law and Procedure |
|
Jul. 1, 2016 | |
|
S216681
|
People v. Sanchez
Case-specific statements related by prosecution's expert concerning defendant's gang membership is inadmissible hearsay, resulting in reversal of street gang enhancements. |
Criminal Law and Procedure |
|
Jul. 1, 2016 | |
|
S211275
|
People v. Conley
Third strikers sentenced before Reform Act took effect, but whose judgment were not yet final, not entitled to automatic resentencing but may petition for recall of sentence. |
Criminal Law and Procedure |
|
Jul. 1, 2016 | |
|
H040864
|
People v. Olivas
Court's answer in the negative to question regarding the consideration of lesser offense before deciding verdict on greater offense constitutes prejudicial 'Kurtzman' error. |
Criminal Law and Procedure |
|
Jun. 30, 2016 |
