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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
People v. McCarthy
California's victim restitution statute permits victim restitution for noneconomic losses where child sex abuser's conduct violates Penal Code Section 288, even if he was convicted under Section 288.5. 		Criminal Law and Procedure Feb. 12, 2016
People v. Carrea
Where defendant received sentence enhancement based on prior conviction that was subsequently redesignated a misdemeanor under Section 1170.18, said defendant may not avail himself of Section 1170.18 to also dismiss the enhancement. 		Criminal Law and Procedure Feb. 12, 2016
People v. Thurston
Trial court properly finds prisoner ineligible for resentencing under Proposition 36 based on his juvenile adjudication for forcible rape. 		Criminal Law and Procedure Feb. 12, 2016
Daire v. Lattimore
Application of 'Strickland v. Washington' standard to noncapital proceedings is a 'clearly established federal law' for purposes of 28 U.S.C. Section 2254(d)(1). 		Criminal Law and Procedure Feb. 10, 2016
Deck v. Jenkins
Prosecutor misstates law by telling jurors that intent to engage in lewd act at some point in future is sufficient for conviction for attempted lewd act on child. 		Criminal Law and Procedure Feb. 10, 2016
People v. Ramirez and Villarreal
Couple obtains new trial on attempted murder and assault charges due to erroneous Penal Code Section 995 ruling regarding allegations of gang participation. 		Criminal Law and Procedure Feb. 9, 2016
People v. Arevalo
Acquittal on weapons charge and arming allegation precludes resentencing court from finding inmate ineligible for resentencing consideration. 		Criminal Law and Procedure Feb. 9, 2016
People v. Triplett
Considering additional facts agreed to by the parties, defendant establishes eligibility for resentencing as to second degree burglary conviction. 		Criminal Law and Procedure Feb. 9, 2016
People v. Salvador
Error in sentencing defendant to consecutive 10-year gang enhancement terms on each of his indeterminate life terms results in vacated enhancements and remand for resentencing. 		Criminal Law and Procedure Feb. 8, 2016
1U.S. v. Johnson
Defendant, convicted of perjury, must be resentenced following remand to determine whether obstruction enhancement applies to his subsequent false trial testimony. 		Criminal Law and Procedure Feb. 8, 2016
Smith v. Schriro
Intellectually disabled defendant's capital sentence overturned pursuant to 'Atkins v. Virginia.' 		Criminal Law and Procedure Feb. 5, 2016
People v. Peoples
On automatic appeal, judgment of death for four murder convictions affirmed where no reasonable possibility trial court's few errors prejudiced defendant. 		Criminal Law and Procedure Feb. 5, 2016
People v. Casares
Capital defendant unsuccessfully challenges murder conviction where evidence demonstrated deliberate and premeditated killing of victims in 1989 drug deal. 		Criminal Law and Procedure Feb. 5, 2016
People v. Superior Court (Rangel)
Excess custody credits may be applied to offset term of community supervision just as they would to offset term of parole. 		Criminal Law and Procedure Feb. 5, 2016
People v. Superior Court (Rangel)
Excess custody credits may be applied to offset term of community supervision just as they would to offset term of parole. 		Criminal Law and Procedure Feb. 4, 2016
People v. Valenzuela
Carjacker's prior conviction for reckless evasion of police properly admitted for impeachment purposes though prior incident was factually similar to instant case. 		Criminal Law and Procedure Feb. 4, 2016
People v. Nichols
Prisoner ineligible for resentencing of felony offense of buying or receiving stolen motor vehicle as misdemeanor under Proposition 47. 		Criminal Law and Procedure Feb. 4, 2016
People v. Safety National Casualty Corp.
Without written waiver of personal presence, defendant's absence at scheduled pretrial hearing constitutes basis on which to forfeit bail under Penal Code Section 1305. 		Criminal Law and Procedure Feb. 2, 2016
Liao v. Junious
Sleepwalker entitled to habeas relief where trial counsel's failure to secure medical evidence to support crucial 'sleepwalking' defense resulted in prejudice. 		Criminal Law and Procedure Feb. 1, 2016
People v. Johnson
Inmate serving indeterminate life term as third striker for an offense where inmate inflicted serious bodily injury on another is ineligible for resentencing under Prop. 36. 		Criminal Law and Procedure Jan. 29, 2016
People v. Aguilera
Spouse properly convicted of robbing wife of cell phone, a community property, on temporary taking theory where principles of separate and community property are immaterial to robbery prosecution. 		Criminal Law and Procedure Jan. 29, 2016
People v. Ewing
Defendant unsuccessful in challenging gang enhancement that he shot at an occupied vehicle for the benefit of the Norteno criminal street gang. 		Criminal Law and Procedure Jan. 29, 2016
People v. Garcia
Defendant's petition for resentencing under Proposition 36 properly denied where court determines that resentencing 'would pose an unreasonable risk of danger to public safety.' 		Criminal Law and Procedure Jan. 28, 2016
People v. Odom
Instructional error regarding kidnapping special circumstance does not warrant relief where error was harmless given overwhelming evidence of defendant's guilt. 		Criminal Law and Procedure Jan. 28, 2016
U.S. v. Cruz-Mendez
Pilot/captain enhancement properly applied to defendant operating vessel carrying narcotics between Mexico and U.S. 		Criminal Law and Procedure Jan. 28, 2016
People v. Perkins
Defendant may refile petition for resentencing of felonies to misdemeanors in order to supply evidence that stolen property and firearms do not exceed $950 in value. 		Criminal Law and Procedure Jan. 27, 2016
People v. Trujillo et al.
Order granting defendants' demurrer to felony complaint reversed where prosecution meets applicable pleading requirements. 		Criminal Law and Procedure Jan. 26, 2016
Montgomery v. Louisiana
'Miller v. Alabama,' which prohibits mandatory life without parole for homicide juvenile offenders, adopts a new substantive rule that applies retroactively on collateral review. 		Criminal Law and Procedure Jan. 26, 2016
People v. Orozco
Defendant unsuccessful in obtaining resentencing of theft-related felonies to misdemeanors under Proposition 47 where crimes not specifically enumerated in the law itself. 		Criminal Law and Procedure Jan. 22, 2016
Taylor v. Beard
Subsequent determination that defendant was not the actual shooter did not establish his innocence so as to require reversal of his felony murder conviction. 		Criminal Law and Procedure Jan. 22, 2016
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