| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
G048761
|
People v. Armogeda
Postrelease Community Supervision Act of 2011 unconstitutionally amended voter-passed Proposition 36. |
Criminal Law and Procedure |
|
Jan. 22, 2015 | |
|
D064737
|
People v. Camp
Trial court may revoke mandatory supervision portion of offender’s hybrid sentence to permit his deportation. |
Criminal Law and Procedure |
|
Jan. 22, 2015 | |
|
14-6873
|
Christeson v. Roper
Death row inmate entitled to assistance from conflict-free counsel in federal habeas petition to argue equitable tolling of AEDPA claim. |
Criminal Law and Procedure |
|
Jan. 21, 2015 | |
|
F066825
|
People v. Givan
Mistake of fact jury instruction unnecessary at gross-vehicular-manslaughter-while-intoxicated trial, as defendant’s subjective belief would not negate any element of crime. |
Criminal Law and Procedure |
|
Jan. 21, 2015 | |
|
E055528
|
People v. Campbell
Instructional errors that gave jurors all-or-nothing choice prejudiced defendants, warranting reversal of felony murder convictions. |
Criminal Law and Procedure |
|
Jan. 20, 2015 | |
|
D064468
|
People v. Orlosky
Informality of arrangement between joint marijuana growers does not preclude collective cultivation defense. |
Criminal Law and Procedure |
|
Jan. 20, 2015 | |
|
B256482
|
People v. Alexander
Uncooperative drug offender bore sole responsibility for 16-month jail sentence by refusing to hold up his end of plea bargain. |
Criminal Law and Procedure |
|
Jan. 20, 2015 | |
|
A133129
|
People v. Mackey
Warrantless use of GPS tracking device does not require evidence suppression notwithstanding U.S. Supreme Court’s subsequent prohibition of such use. |
Criminal Law and Procedure |
|
Jan. 16, 2015 | |
|
13-30273
|
U.S. v. Hertler
Court upholds defendant’s 20-month term of supervised release despite defendant’s argument that he could be sentenced to no more than nine. |
Criminal Law and Procedure |
|
Jan. 16, 2015 | |
|
C075885
|
People v. Mulcrevy
Concentrated cannabis is "marijuana," under Compassionate Use Act, and such an affirmative defense should not be excluded. |
Criminal Law and Procedure |
|
Jan. 16, 2015 | |
|
H039071
|
People v. Gonzales
Conviction for permitting another to carry loaded firearm in vehicle requires proof of knowledge that firearm was loaded. |
Criminal Law and Procedure |
|
Jan. 15, 2015 | |
|
13-7211
|
Jennings v. Stephens
Appellee granted habeas corpus relief is not required to cross-appeal for Fifth Circuit to consider theory that was rejected by district court. |
Criminal Law and Procedure |
|
Jan. 15, 2015 | |
|
13-10322
|
U.S. v. Zamudio
Government does not acquire knowledge of deportee’s illegal presence in country at time deportee presented invalid green card. |
Criminal Law and Procedure |
|
Jan. 15, 2015 | |
|
13-9026
|
Whitfield v. U.S.
Robber receives enhanced sentence for forced-accompaniment robbery although victim only took few steps. |
Criminal Law and Procedure |
|
Jan. 14, 2015 | |
|
13-50515
|
U.S. v. Dibe
Ineffective-assistance-of-counsel claim is not mitigating factor courts may consider at sentencing. |
Criminal Law and Procedure |
|
Jan. 14, 2015 | |
|
A138266
|
In re Young
Inmate is entitled to immediate parole where Board of Parole Hearings twice arbitrarily denied him parole. |
Criminal Law and Procedure |
|
Jan. 14, 2015 | |
|
C067260
|
People v. Hernandez
Juvenile offender’s sentence of 61 years to life constitutes cruel and unusual punishment despite new law allowing him to seek parole within his lifetime. |
Criminal Law and Procedure |
|
Jan. 14, 2015 | |
|
D064995
|
People v. Aparicio
Abuse of discretion deemed appropriate standard in denial of Proposition 36 resentencing. |
Criminal Law and Procedure |
|
Jan. 13, 2015 | |
|
S213687
|
People v. Trujillo
Defendant forfeits appeal of presentence investigation fee and probation supervision fee for failure to object in trial court. |
Criminal Law and Procedure |
|
Jan. 13, 2015 | |
|
S213571
|
People v. Aguilar
Defendant forfeits appeal over presentence investigation, probation supervision, and attorneys’ fees for failure to object in trial court. |
Criminal Law and Procedure |
|
Jan. 13, 2015 | |
|
12-10454
|
U.S. v. Neal
Inmate’s prison stay extended after conviction on attempt to file retaliatory false liens against prison officials. |
Criminal Law and Procedure |
|
Jan. 13, 2015 | |
|
12-50373
|
U.S. v. Jimenez-Arzate
California conviction under Penal Code Section 245(a)(1) constitutes crime of violence for federal sentencing purposes. |
Criminal Law and Procedure |
|
Jan. 13, 2015 | |
|
C074049
|
People v. Noyan
Sentencing scheme applicable to persons bringing contraband to custodial facility violates equal protection because it imposed unequal sentence depending on type of contraband. |
Criminal Law and Procedure |
|
Jan. 13, 2015 | |
|
13-10337
|
United States v. Rodman
Machine gun seller who agrees to and does submit required ATF forms using false information commits conspiracy to defraud the government. |
Criminal Law and Procedure |
|
Jan. 12, 2015 | |
|
F066737
|
People v. Anderson
Jury instruction on collective/cooperative defense to marijuana cultivation charge must explain that exchange of marijuana for money between collective members is not necessarily unlawful. |
Criminal Law and Procedure |
|
Jan. 12, 2015 | |
|
E060272
|
People v. Rekte
Driver dodges red light camera ticket by undermining camera system’s reliability. |
Criminal Law and Procedure |
|
Jan. 9, 2015 | |
|
G049679
|
People v. Superior Court (Jalalipour)
Trial court judge may not reduce "wobbler" felony charges to misdemeanors after preliminary hearing but before offender's guilty pleas. |
Criminal Law and Procedure |
|
Jan. 8, 2015 | |
|
E058915
|
People v. Toure
Exigent circumstances allow for warrantless, non-consensual blood draw of resistant drunk driver, but sentence exceeds limit. |
Criminal Law and Procedure |
|
Jan. 7, 2015 | |
|
E060210
|
People v. Superior Court (Burton)
Trial court cannot postpone prisoner’s Proposition 36 resentencing petition to later reconsider prisoner’s dangerousness and eligibility for relief. |
Criminal Law and Procedure |
|
Jan. 7, 2015 | |
|
B244487
|
People v. Solis
Convictions for uncharged but related, lesser offenses may stem from one charged offense. |
Criminal Law and Procedure |
|
Jan. 7, 2015 |
