Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A146103
|
In re J.C.
Minor who successfully petitions under Proposition 47 to reduce felony shoplifting conviction to misdemeanor not also entitled to expungement of her DNA record. |
Criminal Law and Procedure |
|
May 2, 2016 | |
B255375
|
People v. Gonzalez
Felony-murder convictions affirmed where, with the exception of claim regarding parole revocation fines, defendants' multiple other claims of error are unavailing. |
Criminal Law and Procedure |
|
May 2, 2016 | |
14-10303
|
U.S. v. Adebimpe
In Medicare fraud case, 'abuse-of-trust' sentencing enhancement properly applied to husband and wife team that supplied power wheelchairs to people that did not need them. |
Criminal Law and Procedure |
|
Apr. 29, 2016 | |
G052440
|
People v. Martinez
Appellate court need not independently review appellate record for meritorious issues in appeal from extension of civil commitment of individual found not guilty by reason of insanity. |
Criminal Law and Procedure |
|
Apr. 28, 2016 | |
F070137
|
People v. Bradshaw
Because remand necessary to determine defendant's eligibility for mandatory probation and drug treatment, judicial efficiency also permits remand to determine resentencing under Proposition 47. |
Criminal Law and Procedure |
|
Apr. 28, 2016 | |
C073027
|
People v. McGehee
Failure to instruct on involuntary manslaughter in murder case involving hallucinated demon attack does not warrant reversal of second degree murder conviction. |
Criminal Law and Procedure |
|
Apr. 27, 2016 | |
C074824
|
People v. Jones
Remand not warranted where current law does not require trial court to provide written reason in minutes for dismissing defendant's strikes. |
Criminal Law and Procedure |
|
Apr. 27, 2016 | |
A142470
|
In re Gomez
Habeas relief granted to Pelican Bay State Prison inmate who was disciplined for participating in planned hunger strike to protest state's solitary confinement practices. |
Criminal Law and Procedure |
|
Apr. 26, 2016 | |
C077040
|
People v. Steele
Deputies' safety justified brief detention of second driver whose vehicle was sandwiched between patrol car and lead vehicle that deputies intended to stop on outstanding warrant. |
Criminal Law and Procedure |
|
Apr. 26, 2016 | |
D068791
|
In re Busch
Petition for writ of habeas corpus denied where Governor's decision to reverse grant of parole for inmate convicted of second degree murder is supported by 'some evidence.' |
Criminal Law and Procedure |
|
Apr. 25, 2016 | |
C076235
|
People v. Alvarez
Substantial evidence supports aggravated kidnapping convictions and kidnapping sentencing enhancements where defendant police officer could not rely on lawful arrest defense. |
Criminal Law and Procedure |
|
Apr. 25, 2016 | |
B262956
|
People v. Byron
Post Release Community Supervision properly revoked over drug user's allegations of due process violations related to timing of her arraignment and probable cause hearing. |
Criminal Law and Procedure |
|
Apr. 25, 2016 | |
C078671
|
People v. Vasquez
First degree premeditated murder conviction affirmed where jury properly instructed on direct aiding and abetting theory. |
Criminal Law and Procedure |
|
Apr. 25, 2016 | |
G049785
|
People v. Landau
Pedophile obtains relief from order recommitting him as sexually violent predator due to court's prejudicial error in admitting 'massive amount of inadmissible hearsay.' |
Criminal Law and Procedure |
|
Apr. 22, 2016 | |
G051036
|
People v. Caraballo
Inmate disqualified from resentencing relief as second strike offender under Prop. 36 because he was 'vicariously armed' during commission of current offense. |
Criminal Law and Procedure |
|
Apr. 22, 2016 | |
S022998
|
People v. Townsel
Instructional error that effectively precluded jury from considering evidence of defendant's intellectual disability warrants reversal of dissuading a witness charge, but otherwise left murder convictions intact. |
Criminal Law and Procedure |
|
Apr. 22, 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 |
|
Apr. 21, 2016 | |
14-8913
|
Molina-Martinez v. United States
Courts reviewing sentencing errors cannot apply categorical rule requiring additional evidence when district court applies incorrect range but nevertheless sentences defendant within correct range. |
Criminal Law and Procedure |
|
Apr. 21, 2016 | |
15-50300
|
U.S. Onuoha
Potentially excessive expert-recommended dosage fails to satisfy 'Sell' factor requiring that involuntary medication, to render defendant fit for trial, be in defendant's 'best medical interest.' |
Criminal Law and Procedure |
|
Apr. 21, 2016 | |
10-50029
|
U.S. v. Diaz
Reduction of prior felony conviction to misdemeanor under Proposition 47 does not affect federal sentence enhancement of life imprisonment that is based on that conviction. |
Criminal Law and Procedure |
|
Apr. 21, 2016 | |
F069533
|
People v. Reid
Multiple counts of grand theft permissible notwithstanding 'Bailey' rule where defendant removed several urns from mausoleum to sell as scrap metal. |
Criminal Law and Procedure |
|
Apr. 21, 2016 | |
C077098
|
People v. Nicholes
Gang enhancements stricken where prosecution's gang expert's testimony insufficient to meet requirement under 'People v. Prunty' regarding gang subsets. |
Criminal Law and Procedure |
|
Apr. 21, 2016 | |
B262299
|
People v. Abdallah
One year enhancement under Penal Code Section 667.5(b) inapplicable where court recalls felony conviction and resentences defendant under Proposition 47 before sentencing on current case. |
Criminal Law and Procedure |
|
Apr. 20, 2016 | |
C079201
|
People v. Jimenez
Man convicted of sexually penetrating unconscious niece fails to overturn convictions by attacking trial court's instructions regarding victim's character. |
Criminal Law and Procedure |
|
Apr. 20, 2016 | |
D069229
|
People v. Lucero
Appropriate for trial court to instruct jury not to consider voluntary intoxication evidence in relation to firearm-use enhancements, as the enhancements required only general intent. |
Criminal Law and Procedure |
|
Apr. 20, 2016 | |
A139538
|
People v. Grays
Refusal to provide Penal Code Section 198.5 jury instruction regarding unwanted intruders in one's residence was erroneous, but harmless. |
Criminal Law and Procedure |
|
Apr. 19, 2016 | |
15-6418
|
Welch v. U.S.
U.S. Supreme Courts decides retroactivity of 'Johnson,' which altered what and whom may be punished under Armed Criminal Career Act's 15-year mandatory minimum sentence. |
Criminal Law and Procedure |
|
Apr. 19, 2016 | |
E062656
|
People v. Dunley
Mentally-disordered offenders are similarly situated with NGIs and SVPs with respect to testimonial privilege provided for in Penal Code Section 1026.5(b)(7). |
Criminal Law and Procedure |
|
Apr. 19, 2016 | |
B261458
|
People v. Cardona
Kill zone instruction inappropriate when defendant's shot was primarily motivated by self-defense during course of ill-fated robbery. |
Criminal Law and Procedure |
|
Apr. 18, 2016 | |
B256361
|
People v. Weddington
Trial court has no duty to sua sponte instruct on lesser included offense of misdemeanor evading where there was no evidence defendants committed the misdemeanor, but not felony, evading. |
Criminal Law and Procedure |
|
Apr. 15, 2016 |