| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D069445
|
People v. Smith
Murder convictions reversed due to prejudicial error stemming from incorrect jury instructions and erroneously admitted hearsay evidence. |
Criminal Law and Procedure |
|
Jun. 30, 2016 | |
|
14-10004
|
U.S. v. Lindsey
In mortgage fraud cases, lender negligence in verifying loan application information or intentional disregard of such information is no defense and evidence of such is inadmissible as a defense. |
Criminal Law and Procedure |
|
Jun. 29, 2016 | |
|
14-50355
|
U.S. v. Lemus
Comparison of drugs that were not tied to defendant is insufficient to support jury's quantity finding, warranting reversal and remand for resentencing. |
Criminal Law and Procedure |
|
Jun. 29, 2016 | |
|
D067863
|
People v. Bollaert
Convictions of operator of Web site allowing users to post private, intimate photographs of others upheld. |
Criminal Law and Procedure |
|
Jun. 29, 2016 | |
|
D068255
|
People v. Romo
Closing argument statement regarding presumption of innocence not prosecutorial misconduct as language does not reverse presumption of innocence. |
Criminal Law and Procedure |
|
Jun. 29, 2016 | |
|
B263955
|
People v. Jefferson
Court should not have imposed drug program fee, which it then suspended, for defendant who did not have ability pay it. |
Criminal Law and Procedure |
|
Jun. 28, 2016 | |
|
H042059
|
People v. Dunn
Prop. 47 relief erroneously denied as to otherwise eligible defendant whose conviction was based on negotiated plea even though reclassification would reduce bargained-for punishment. |
Criminal Law and Procedure |
|
Jun. 27, 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 |
|
Jun. 27, 2016 | |
|
S065573
|
People v. Becerra
Failure to explain why defendant's behavior is dilatory in revocation of pro per status constitutes improper denial of self-representation right. |
Criminal Law and Procedure |
|
Jun. 27, 2016 | |
|
14-10154
|
Voisine v. United States
Statute's prohibition on gun possession by persons convicted of 'misdemeanor crime of violence' applies to reckless assaults, as it does to knowing or intentional ones. |
Criminal Law and Procedure |
|
Jun. 27, 2016 | |
|
C074139
|
People v. Buchanan
California Penal Code Section 654 bars separate punishments for defendant's possession of a single firearm on a single occasion. |
Criminal Law and Procedure |
|
Jun. 27, 2016 | |
|
H041700
|
People v. Hartley
Passenger who refused to pay cab driver after the latter missed a turn lacks requisite fraudulent intent to support petty theft by false pretenses conviction. |
Criminal Law and Procedure |
|
Jun. 27, 2016 | |
|
B268786
|
People v. Superior Court (Albert Sokolich)
Negligence does not constitute failure to act in good faith in petition to commit man as sexually violent predator. |
Criminal Law and Procedure |
|
Jun. 26, 2016 | |
|
D068384
|
People v. Johnson
Petitioning defendant, not prosecution, has initial burden of establishing eligibility for resentencing under Proposition 47. |
Criminal Law and Procedure |
|
Jun. 26, 2016 | |
|
D068384
|
People v. Johnson
Petitioning defendant, not prosecution, has initial burden of establishing eligibility for resentencing under Proposition 47. |
Criminal Law and Procedure |
|
Jun. 26, 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 |
|
Jun. 23, 2016 | |
|
H041918
|
People v. Ochoa
Middleman in drug ring who supplied methamphetamine to Nuestra Familia criminal street gang obtains reversal of second conspiracy conviction under Penal Code 654 and 'Kellett.' |
Criminal Law and Procedure |
|
Jun. 23, 2016 | |
|
16-70568
|
Orona v. United States
Court grants petitioner's application for authorization to file a second or successive Section 2255 motion and clarifies rule regarding tolling of statute of limitations. |
Criminal Law and Procedure |
|
Jun. 23, 2016 | |
|
14-1468
|
Birchfield v. North Dakota
Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving, but not warrantless blood tests. |
Criminal Law and Procedure |
|
Jun. 23, 2016 | |
|
15-6092
|
Mathis v. U.S.
Mismatch of elements between Iowa burglary statute and generic federal offense saves felon from Armed Career Criminal Act's 15-year mandatory minimum sentence. |
Criminal Law and Procedure |
|
Jun. 23, 2016 | |
|
15-30016
|
U.S. v. Grovo
Convictions affirmed where defendants contentions challenging convictions for participating in child exploitation enterprise and conspiracy to advertise child pornography unavailing. |
Criminal Law and Procedure |
|
Jun. 23, 2016 | |
|
S045423
|
People v. Sanchez
In automatic appeal, murderer cannot escape death verdict despite reversal of one of 26 robbery convictions given commitment of numerous other crimes, including two murders. |
Criminal Law and Procedure |
|
Jun. 23, 2016 | |
|
D068309
|
People v. Tate
Waiver of section 4019 good-time credits applies only to previously earned credits, not future credits. |
Criminal Law and Procedure |
|
Jun. 22, 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 |
|
Jun. 22, 2016 | |
|
B263411
|
People v. Puerto
Defendant's 2013 assault conviction counts as 'strike' where offense could not be violated in a way that did not constitute a serious felony. |
Criminal Law and Procedure |
|
Jun. 22, 2016 | |
|
H042316
|
People v. Willover
Court does not abuse its discretion in denying juvenile homicide offender's petition for recall and resentencing of life without parole sentence. |
Criminal Law and Procedure |
|
Jun. 22, 2016 | |
|
13-30066
|
U.S. v. Cisneros
Criminal's 15-year mandatory sentence imposed under Armed Career Criminal Act based on six prior Oregon convictions vacated on remand following U.S. Supreme Court's 'Johnson' decision. |
Criminal Law and Procedure |
|
Jun. 22, 2016 | |
|
14-16147
|
Loher v. Thomas
Failure to challenge grant of relief on petitioner's ineffective assistance of appellate counsel claim constitutes waiver, resulting in remand to fully address claim. |
Criminal Law and Procedure |
|
Jun. 20, 2016 | |
|
14-6166
|
Taylor v. United States
Conviction under the Hobbs Act affirmed where government satisfies commerce element by proving defendant committed robbery that targeted marijuana dealer's drugs or drug proceeds. |
Criminal Law and Procedure |
|
Jun. 20, 2016 | |
|
H041927
|
People v. Garrett
Defendant eligible for resentencing on commercial burglary conviction under Proposition 47 because use of stolen credit card to purchase $50 gift cards is misdemeanor shoplifting. |
Criminal Law and Procedure |
|
Jun. 16, 2016 |
