| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D082662
|
People v. Gonzalez
An unauthorized sentence that was able to be corrected did not warrant a resentencing. |
Criminal Law and Procedure |
|
R. Huffman | Feb. 11, 2025 |
|
E082657
|
People v. Martinez
No violation of criminal defendant's state right to a speedy trial where his claims of prejudice were conclusory and speculative rather than supported by particular facts. |
Criminal Law and Procedure |
|
A. McKinster | Feb. 11, 2025 |
|
23-2288
|
U.S. v. Thompson
Defendant's previous child molestation conviction triggered a 10-year increase to his mandatory minimum sentence for a subsequent child pornography conviction. |
Criminal Law and Procedure |
|
L. VanDyke | Feb. 11, 2025 |
|
E084222
|
People v. Superior Court (Valdez)
Since resentencing petitioner was eligible for youthful offender parole, his initial resentence was not equivalent to life without parole, so he was ineligible for successive Penal Code Section 1170 relief. |
Criminal Law and Procedure |
|
F. Menetrez | Feb. 11, 2025 |
|
H052893
|
Stubblefield v. Superior Court (People)
Following a reversed and vacated conviction, a petitioner was entitled to file a motion for release prior to the remittur being issued. |
Criminal Law and Procedure |
|
M. Greenwood | Feb. 7, 2025 |
|
F087868
|
People v. Chatman
In disagreement with *Hodge*, a trial court's denial of a defendant's request for relief pursuant to Section 1172.1 is an appealable order. |
Criminal Law and Procedure |
|
R. Peña | Feb. 6, 2025 |
|
G064319
|
Modification: People v. Townes
A threat of divine retribution to an indoctrinated victim was sufficient to support a finding of duress required for a forcible rape conviction. |
Criminal Law and Procedure |
|
M. Sanchez | Feb. 6, 2025 |
|
F087787
|
People v. Rosemond
An appeal pursuant to Penal Code Section 1172.1 was found to lack any arguable issues, and following a defendant's failure to raise any such issues, deemed abandoned. |
Criminal Law and Procedure |
|
R. Peña | Feb. 6, 2025 |
|
G064319
|
People v. Townes
A threat of divine retribution to an indoctrinated victim was sufficient to support a finding of duress required for a forcible rape conviction. |
Criminal Law and Procedure |
|
M. Sanchez | Feb. 5, 2025 |
|
B331474
|
People v. Ellis
Defendant's kidnapping conviction for pulling the victim from the sidewalk to the middle of the street required reversal because the asportation element was unmet. |
Criminal Law and Procedure |
|
V. Viramontes | Feb. 5, 2025 |
|
S141519
|
People v. Hin
Trial court abused its discretion in admitting rap song from a CD found in defendant's bedroom during both the guilt and penalty phases. |
Criminal Law and Procedure |
|
G. Liu | Feb. 4, 2025 |
|
B330995
|
People v. Hamilton
Designation of federal felony conviction as equivalent to felony violation of state wobbler offense, resulting in requirement to register as a sex offender for life, did not violate equal protection. |
Criminal Law and Procedure |
|
M. Hanasono | Jan. 31, 2025 |
|
H05166
|
People v. Rogers
A trial court has the authority to strike prior criminal "Strikes" at a Penal Code Section 1172.75 (prison priors) resentencing. |
Criminal Law and Procedure |
|
A. Danner | Jan. 29, 2025 |
|
B335936
|
People v. Martinez
Resentencing petitioner's failure to raise an objection regarding Penal Code Section 1172.6's "same judge" rule was a forfeiture of that argument on appeal. |
Criminal Law and Procedure |
|
H. Bendix | Jan. 29, 2025 |
|
C099785
|
Modification: In re Stephenson on Habeas Corpus
Sexually violent predator's continued commitment despite trial court's conditional release order did not violate Sexual Violent Predator Act. |
Criminal Law and Procedure |
|
S. Boulware Eurie | Jan. 28, 2025 |
|
S281488
|
People v. Lopez
A criminal case in which an appellate court affirmed a conviction but remanded for resentencing was not final and therefore subject to retroactive applicability of ameliorative legislation. |
Criminal Law and Procedure |
|
G. Liu | Jan. 24, 2025 |
|
B331439
|
People v. Villagrana
Criminal appellant could still be convicted of murder where he pled no contest to voluntary manslaughter and was the only person who admitted using a firearm during the offense. |
Criminal Law and Procedure |
|
K. Yegan | Jan. 23, 2025 |
|
23-6573
|
Andrew v. White
Case was remanded where state court allowed for introduction of evidence focusing on defendant's sexual history despite its violation of clearly established Due Process principles. |
Criminal Law and Procedure |
|
P. Curiam (USSC) | Jan. 22, 2025 |
|
22-50239
|
U.S. v. Velazquez
In cases confined to drug importation charges, courts do not abuse their discretion when admitting relevant, probative, not unduly prejudicial evidence of the retail value of narcotics. |
Criminal Law and Procedure, Evidence |
|
J. Selna | Jan. 22, 2025 |
|
G063164
|
Modification: Mendez v. Superior Court (People)
Because defendant was also charged with felonies when found mentally incompetent, Penal Code Section 1370.01 was inapplicable, and trial court did not err in denying dismissal of defendant's misdemeanor case. |
Criminal Law and Procedure |
|
J. Motoike | Jan. 17, 2025 |
|
B335964
|
People v. Bey
Trial court did not abuse its discretion in revoking criminal defendant's pro per status when defendant's behavior disrupted proceeding. |
Criminal Law and Procedure |
|
E. Lui | Jan. 17, 2025 |
|
C099785
|
In re Stephenson on Habeas Corpus
Sexually violent predator's continued commitment despite trial court's conditional release order did not violate Sexual Violent Predator Act. |
Criminal Law and Procedure |
|
S. Boulware Eurie | Jan. 16, 2025 |
|
B334427
|
People v. Superior Court (White)
Trial court erroneously concluded that jury's special circumstance finding regarding felony-murder had no preclusive effect in Penal Code Section 1172.6 resentencing proceedings. |
Criminal Law and Procedure |
|
K. Yegan | Jan. 15, 2025 |
|
B331017
|
People v. Love
Penal Code Section 1170.95 resentencing request was properly rejected when defendant's murder conviction established he acted alone with the requisite malice. |
Criminal Law and Procedure |
|
N. Bershon | Jan. 15, 2025 |
|
A168580
|
People v. Bravo
An enhancement that was originally stayed did not preclude resentencing under Penal Code Section 112.75. |
Criminal Law and Procedure |
|
M. Miller | Jan. 9, 2025 |
|
B337339
|
Modification: People v. Hodge
Because trial court was under no statutory obligation to respond to defendant's Penal Code Section 1172.1 request for resentencing, case was not appealable and dismissed. |
Criminal Law and Procedure |
|
E. Lui | Jan. 7, 2025 |
|
S279737
|
People v. Collins
Liability for murder on a failure-to-protect theory requires the perpetrator to know to a substantial degree of certainty about a life-endangering act and fail to act in conscious disregard for life. |
Criminal Law and Procedure |
|
K. Evans | Jan. 7, 2025 |
|
D082237
|
People v. Garcia
Gang-related evidence that was cumulative and prejudicial should not have been admitted at trial where the defendants requested bifurcation of gang enhancements because the evidence was more prejudicial than probative. |
Criminal Law and Procedure |
|
R. Huffman | Jan. 3, 2025 |
|
A165276
|
People v. Quintero
When record did not support that prosecutors' use of the words "monsters" and "predators" in their closing statement exhibited any racial bias, no violation of the Racial Justice Act occurred. |
Criminal Law and Procedure |
|
T. Jackson | Jan. 3, 2025 |
|
B337339
|
People v. Hodge
Because trial court was under no statutory obligation to respond to defendant's Penal Code Section 1172.1 request for resentencing, case was not appealable and dismissed. |
Criminal Law and Procedure |
|
E. Lui | Dec. 31, 2024 |
For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com