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Name Category Published
U.S. v. Le
Defendant was not entitled to a reduced sentence under U.S. Sentencing Guideline Section 2X1.1(b)(2), because the robbery conspiracy's failure was due to circumstances beyond the conspirators' control. 		Criminal Law and Procedure 9th Oct. 23, 2024
People v. Alazar
Defendant's record of conviction did not conclusively establish Penal Code Section 1172.6 ineligibility where defendant's plea did not admit the truth of any alleged facts. 		Criminal Law and Procedure 2DCA/6 Oct. 22, 2024
People v. Nuno
The *Brady* duty to disclose material exculpatory evidence applies to discovery motions in a Section 1172.6 resentencing hearing. 		Criminal Law and Procedure 6DCA Oct. 21, 2024
People v. O'Bannon
End date for determining Penal Code Section 1585(c)(2)(H)'s applicability to strike or dismiss defendant's prior conviction enhancements was the date defendant committed the current offense. 		Criminal Law and Procedure 2DCA/3 Oct. 17, 2024
People v. SanMiguel
No substantial likelihood that peremptory challenge to juror was based on his race where trial court also observed the behaviors proffered as the basis for the challenge. 		Criminal Law and Procedure, Civil Procedure 2DCA/6 Oct. 10, 2024
U.S. v. Elmore
Remand was necessary to allow district court to determine whether state-level murder's elements constituted a crime of violence and could serve as predicate for murder in aid of racketeering conviction. 		Criminal Law and Procedure 9th Oct. 9, 2024
People v. Moseley
When sentencing qualifying veteran defendants or current military members, trial courts have mandatory statutory obligations to consider a veteran defendant's service-related post-traumatic stress disorder. 		Veterans' Affairs, Criminal Law and Procedure 4DCA/3 Oct. 9, 2024
People v. Dorado
Dual use of same aggravating factor to impose both full, consecutive terms for sex offenses and upper terms for those same counts was error. 		Criminal Law and Procedure 4DCA/1 Oct. 7, 2024
People v. Knowles
Trial court was not required to consider mitigating factors that did not contribute to a defendant's conduct in a voluntary manslaughter sentencing. 		Criminal Law and Procedure 2DCA/1 Oct. 7, 2024
In re Maury
Despite capital defendant's objection to counsel's presentation of mitigation evidence, *McCoy* was not implicated where defendant personally requested that the jury give him the death penalty. 		Criminal Law and Procedure 3DCA Oct. 4, 2024
People v. Harris
Despite initially ruling that defendant was entitled to resentencing, trial court had inherent authority to reconsider its decision and deny resentencing. 		Criminal Law and Procedure 2DCA/3 Oct. 3, 2024
People v. Ellis
Admission of propensity evidence of uncharged acts and instructing jury accordingly was not error where trial court conducted the analysis required by Evidence Code Section 352 pretrial. 		Criminal Law and Procedure, Evidence 4DCA/1 Oct. 2, 2024
U.S. v. Patterson
A hate crime motivation enhancement required a finding beyond a reasonable doubt of defendant's animus toward a protected category as the motivation for targeting the victim. 		Criminal Law and Procedure 9th Oct. 2, 2024
U.S. v. Solakyan
Honest-services mail fraud extends to the doctor-patient relationship and encompasses schemes that deprive patients of their intangible right to honest services by their physicians. 		Criminal Law and Procedure 9th Oct. 1, 2024
People v. Briscoe
Penal Code Section 3051 violated equal protection as applied to defendant's challenge to life without parole sentence for special circumstance murder. 		Criminal Law and Procedure 1DCA/4 Sep. 27, 2024
People v. Gallegos
Petitioner who pled no contest to voluntary manslaughter after imputed malice theories of murder had been statutorily eliminated was ineligible for resentencing relief. 		Criminal Law and Procedure 5DCA Sep. 27, 2024
People v. Hersom
A defendant who was absent on the second day of jury selection was found to be voluntarily absent and therefore denied a new trial. 		Criminal Law and Procedure 1DCA/1 Sep. 27, 2024
People v. Mason
Overturning *People v. Hardy*, appellate court ruled that defendant's life without possibility of parole sentence could not be doubled under the Three Strikes Law, Penal Code Section 667(e)(1). 		Criminal Law and Procedure 2DCA/2 Sep. 26, 2024
People v. Zavala
Testimony provided by defendant during a probation hearing was admissible for a resentencing hearing under Penal Code 1172.6. 		Criminal Law and Procedure 3DCA Sep. 26, 2024
People v. Reid
Strangling a domestic partner such that normal breathing or blood flow was impeded constituted a "traumatic condition" under the Penal Code. 		Criminal Law and Procedure 4DCA/3 Sep. 26, 2024
Martell v. Cole
Defendant's guilty plea to resisting arrest did not preclude his civil excessive force claim where his guilty plea did not specify which acts of resistance were the basis for the plea. 		Civil Rights, Criminal Law and Procedure 9th Sep. 24, 2024
People v. Gallardo
Trial court erroneously denied felony murder resentencing petition where it relied only on the prosecution's proffer and did not actually review the record of conviction. 		Criminal Law and Procedure 4DCA/1 Sep. 24, 2024
People v. Hughey
Because defendants' movement of employees to small safe room less than 40 feet was not "merely incidental" to defendants' robbery, simple kidnapping conviction was affirmed. 		Criminal Law and Procedure 2DCA/6 Sep. 23, 2024
People v. Kelly
Record of conviction with finding that defendant intended to kill but lacking a finding that defendant actually assisted the killer did not render him ineligible for felony murder resentencing. 		Criminal Law and Procedure 4DCA/3 Sep. 20, 2024
Vaughn v. Superior Court (People)
Defendant was suitable for mental health diversion despite his minimal effort in the evaluation process. 		Criminal Law and Procedure 2DCA/7 Sep. 19, 2024
People v. Valle
Officers did not violate Fourth Amendment by calling for canine unit before initiating traffic stop where dog arrived and alerted before initiating officer had finished writing the traffic ticket. 		Criminal Law and Procedure 1DCA/1 Sep. 19, 2024
People v. Martinez
The Penal Code prohibits convicting a defendant of individual child molestation counts and continuous sexual abuse of a child for the same period. 		Criminal Law and Procedure 4DCA/1 Sep. 19, 2024
Cole v. Superior Court (People)
Because a rational basis existed for the statutory differences among the civil commitment statutes, individual with developmental disability's equal protection rights were not implicated. 		Criminal Law and Procedure 1DCA/3 Sep. 16, 2024
Review granted: People v. Williams
Trial court's denial of defendant's Penal Code Section 1172.6 resentencing request based on review of preliminary hearing transcripts and plea colloquy was improper. 		Criminal Law and Procedure 5DCA Sep. 16, 2024
Review granted: People v. Meno
A sentence for lesser included necessary offense to a larger conviction could stand provided a defendant was not also sentenced for the greater offense. 		Criminal Law and Procedure 4DCA/1 Sep. 16, 2024
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