Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B260447
|
People v. Franco
Face value, rather than 'actual' value, of forged check pertinent question in Prop 47 resentencing. |
Criminal Law and Procedure |
|
Mar. 16, 2016 | |
F068887
|
People v. Hutton
Defendant erroneously denied presentence custody credits though he was on 'sheriff's parole' and, therefore, not 'in custody,' at time of his arrest. |
Criminal Law and Procedure |
|
Mar. 16, 2016 | |
12-55667
|
Daire v. Lattimore
Counsel's omission of defendant's mental illness does not run afoul of 'Strickland,' which applies to ineffective assistance of counsel in noncapital cases, precluding habeas relief. |
Criminal Law and Procedure |
|
Mar. 16, 2016 | |
13-55328
|
Burton v. Davis
Habeas relief properly granted to California prisoner where state courts failed to adequately determine the merits of his 'Faretta' request for self-representation in murder trial. |
Criminal Law and Procedure |
|
Mar. 11, 2016 | |
D068235
|
People v. Root
Defendant entitled to relief under Proposition 47 because entry into bank to commit theft by false pretenses in amounts under $950 qualifies as 'shoplifting.' |
Criminal Law and Procedure |
|
Mar. 11, 2016 | |
11-10029
|
U.S. v. Reza-Ramos
Felony murder conviction vacated where court errs in defining 'burglary' under federal murder statute by reference to Arizona's burglary statute. |
Criminal Law and Procedure |
|
Mar. 10, 2016 | |
B259998
|
People v. Arevalo
Acquittal on weapons charge and arming allegation precludes resentencing court from finding inmate ineligible for resentencing consideration. |
Criminal Law and Procedure |
|
Mar. 10, 2016 | |
15-6319
|
McWilliams v. Alabama
Order |
Criminal Law and Procedure |
|
Mar. 10, 2016 | |
15-6326
|
Storey v. Alabama
Order |
Criminal Law and Procedure |
|
Mar. 10, 2016 | |
15-6584
|
Thompson v. Roy, Comm'r
Order |
Criminal Law and Procedure |
|
Mar. 10, 2016 | |
15-7255
|
Baker v. Alabama
Order |
Criminal Law and Procedure |
|
Mar. 10, 2016 | |
15-7441
|
Duke v. Alabama
Order |
Criminal Law and Procedure |
|
Mar. 10, 2016 | |
15-7550
|
Presley v. Alabama
Order |
Criminal Law and Procedure |
|
Mar. 10, 2016 | |
H042396
|
People v. Garcia
Proposition 47's statutory scheme allowing recall of sentence applies to all those with felony dispositions, including those placed on probation who otherwise meet the conditions specified therein. |
Criminal Law and Procedure |
|
Mar. 9, 2016 | |
14-10008
|
Wearry v. Cain
'Brady' violation from prosecution's failure to turn over evidence supporting inmate's innocence results in reversal of state postconviction court's denial of relief. |
Criminal Law and Procedure |
|
Mar. 8, 2016 | |
B257829
|
People v. Adams
Cousins' convictions for forcible rape in concert, aggravated kidnapping, and related offenses remain intact despite error in failing to stay punishment on kidnapping conviction. |
Criminal Law and Procedure |
|
Mar. 7, 2016 | |
09-99019
|
Hedlund v. Ryan
Reversal of district court's denial of petitioner's writ of habeas corpus required due to Arizona Supreme Court's unconstitutional application of 'causal nexus' test. |
Criminal Law and Procedure |
|
Mar. 7, 2016 | |
B264167
|
People v. Gutierrez
Court may not revoke post-release community supervision after probationer commits non-violent drug offense without first determining whether probationer qualifies for treatment alternative pursuant to Prop 36. |
Criminal Law and Procedure |
|
Mar. 4, 2016 | |
13-17071
|
Tarango v. McDaniel
Nevada prisoner is entitled to habeas relief where state supreme court failed to consider potential prejudicial impact of police contact with known hold-out juror. |
Criminal Law and Procedure |
|
Mar. 4, 2016 | |
14-30189
|
U.S. v. Werle
'Felony riot' conviction under Washington law does not trigger Armed Career Criminal Act's 15-year mandatory minimum sentence where offense did not constitute 'violent felony.' |
Criminal Law and Procedure |
|
Mar. 4, 2016 | |
B264110
|
People v. Williams
Proposition 47-based felony redesignations are not retroactive such that they upset sentencing enhancements based upon felonies that were subsequently redesignated as misdemeanors. |
Criminal Law and Procedure |
|
Mar. 4, 2016 | |
A141073
|
People v. Foy
Admission of witness's former testimony without finding of constitutional unavailability violates defendant's confrontation rights under the Sixth Amendment. |
Criminal Law and Procedure |
|
Mar. 3, 2016 | |
D068235
|
People v. Root
Defendant entitled to relief under Proposition 47 because entry into bank to commit theft by false pretenses in amounts under $950 qualifies as 'shoplifting.' |
Criminal Law and Procedure |
|
Mar. 3, 2016 | |
13-10397
|
U.S. v. Medina-Carrasco
Appeal dismissed where defendant is sentenced according to plea agreement and his waiver of appellate rights is valid and enforceable. |
Criminal Law and Procedure |
|
Mar. 3, 2016 | |
13-56686
|
Mendez v. County of Los Angeles
Deputies entitled to qualified immunity for violating knock-and-announce rule where law at the time was not clearly established. |
Criminal Law and Procedure |
|
Mar. 3, 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 |
|
Mar. 3, 2016 | |
B261503
|
People v. Rouse
Inmate found to be eligible for resentencing under Penal Code Section 1170.18, Proposition 47, is entitled to assistance of counsel at resentencing stage. |
Criminal Law and Procedure |
|
Mar. 2, 2016 | |
14-8358
|
Lockhart v. U.S.
Statutory minimum sentence enhancement under 18 U.S.C. Section 2252(b)(2) applies to defendant's prior state conviction for sexual abuse whether or not conviction involved a minor or ward. |
Criminal Law and Procedure |
|
Mar. 2, 2016 | |
14-10400
|
U.S. v. Murguia-Rodriguez
Court's dismissal of defendant's interpreter without adhering to procedural requirements of the Court Interpreter's Act results in vacation of sentence and remand. |
Criminal Law and Procedure |
|
Mar. 2, 2016 | |
F069588
|
People v. Dobson
Penal Code Section 1170.126, which allows certain inmates to recall sentences pursuant to Three Strikes Reform Act of 2012, does not apply to insanity committees. |
Criminal Law and Procedure |
|
Mar. 2, 2016 |