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People v. Anderson
Though felons' right to bear arms is constitutionally protected, because California's regulations of felons' firearm possession comport with traditional firearm regulation, they do not violate that right.
Criminal Law and Procedure 1DCA/3 Aug. 26, 2024
People v. Sorto
A functionally-equivalent LWOP sentence for a minor should be treated equivalently to an explicit LWOP for the purposes of resentencing following the amendment of the Penal Code.
Criminal Law and Procedure, Constitutional Law 2DCA/3 Aug. 23, 2024
U.S. v. Trumbull
Defining a "semi-automatic firearm capable of accepting a large capacity magazine" as one that is capable of attaching of magazine of fifteen or more rounds was reasonable in light of numerous states and Congress adopting similar definitions.
Criminal Law and Procedure 9th Aug. 23, 2024
U.S. v. Bellot
Because indictment provided defendant with sufficient notice of charges, slight change in wording between charge versus jury instruction did not constitute constructive amendment requiring a new trial.
Criminal Law and Procedure 9th Aug. 22, 2024
People v. Green
Defendant was eligible for resentencing under the amended Penal Code, as his prior prison enhancement was not based specifically on his prior conviction for a sexually violent offense.
Criminal Law and Procedure 4DCA/1 Aug. 22, 2024
People v. Ramirez
Suppression was not warranted where firearm was discovered in plain view after police officers ordered driver to exit his vehicle pursuant to a lawful detention for a traffic violation.
Criminal Law and Procedure 4DCA/3 Aug. 21, 2024
People v. Obermueller
Jury instruction on lesser offense of attempted stalking was not necessary where evidence showed the defendant had recklessly used intermediaries to convey his threats to his target.
Criminal Law and Procedure 2DCA/8 Aug. 20, 2024
U.S. v. Manney
An individual purchasing firearms did not have the constitutional right to lie about the identity of the actual purchaser.
Constitutional Law, Criminal Law and Procedure 9th Aug. 20, 2024
Neiss v. Bludworth
Because pro se habeas petitioner's ineffective assistance of counsel claim was not patently frivolous, even supported by a prior dissenting opinion, district court erred in summarily dismissing his appeal.
Criminal Law and Procedure 9th Aug. 19, 2024
U.S. v. Chichande
District court did not err in denying "minor role" reduction because it properly identified all individuals for which there was sufficient evidence of their participation in defendant's crimes.
Criminal Law and Procedure 9th Aug. 16, 2024
Rana v. Jenkins
Defendant did not fall within extradition treaty's non bis in idem exception where foreign charges contained distinct elements from the offenses for which he was acquitted in the United States.
Criminal Law and Procedure, International Law 9th Aug. 16, 2024
People v. Walker
Penal Code Section 1385(c)(2) does not create a rebuttable presumption in favor of dismissing sentencing enhancements that can only be overcome by a finding that dismissal endangers public safety.
Criminal Law and Procedure CASC Aug. 16, 2024
Chong v. U.S.
One foot from an open garage was protected curtilage under the Fourth Amendment.
Criminal Law and Procedure, Constitutional Law 9th Aug. 15, 2024
People v. Espino
Defendant's petition for resentencing under Penal Code Section 1172.75 was wrongly rejected given that the section applies to all prison priors included in a judgment, regardless of execution.
Criminal Law and Procedure 6DCA Aug. 14, 2024
People v. Moore
Because defendant's appeal was based on a matter that occurred after his plea, without the requisite certificate of probable cause, his appeal was summarily dismissed.
Criminal Law and Procedure 1DCA/5 Aug. 13, 2024
U.S. v. Osorio-Arellanes
Defendant established ineffective assistance of counsel based on documentation of his attorney's admitted unfamiliarity with the facts and confusion as to what his interrogation was regarding.
Criminal Law and Procedure 9th Aug. 12, 2024
Helm v. Thornell
Youthful offender was not entitled to habeas relief where his consecutive life sentences were not mandatory, and his youth was considered as a mitigating factor by the sentencing court.
Criminal Law and Procedure 9th Aug. 12, 2024
Clements v. Madden
A defendant needs only to show that false witness testimony could have impacted a jury's decision to convict in order to receive habeas relief.
Criminal Law and Procedure 9th Aug. 12, 2024
People v. McCune
A trial court retains power to fix the amount of victim restitution even after the term of probation is terminated.
Criminal Law and Procedure CASC Aug. 9, 2024
People v. Gonzalez
Trial court properly overruled Section 231.7 (racial bias) peremptory challenge objection where the juror had negative law enforcement experiences and did not know if he could evaluate all testimony fairly.
Criminal Law and Procedure 2DCA/3 Aug. 8, 2024
People v. Frazier
Trial court did not err in denying capital murder defendant's repeated utimely self-representation requests made during penalty phase of trial.
Criminal Law and Procedure CASC Aug. 6, 2024
People v. Wilson
Stay-and-remand procedure rather than automatic stay of appeal was the appropriate approach for defendant's Racial Justice Act claims that were not part of appellate record.
Criminal Law and Procedure CASC Aug. 6, 2024
People v. Lynch
Defendant sentenced under former Penal Code Section 1170(b) must be resentenced where reviewing court did not make a *Chapman v. California* assessment.
Criminal Law and Procedure CASC Aug. 2, 2024
People v. Hicks
A peremptory challenge to dismiss a juror based on her previous convictions and being "too opinionated" was not race-neutral.
Criminal Law and Procedure 4DCA/1 Aug. 1, 2024
Modification: People v. Nguyen
Petitioner was ineligible for imputed malice resentencing relief where jury instructions necessarily meant jurors had found he harbored his own specific intent to kill.
Criminal Law and Procedure 6DCA Jul. 31, 2024
People v. Malbry
Despite being "technically eligible" to remove lifetime registration, trial court did not err in sex offender's requiring continued registration for the community's protection.
Criminal Law and Procedure 2DCA/8 Jul. 30, 2024
John Doe v. Garland
Core habeas petition should have been dismissed where petitioner failed to name the warden of his facility as a respondent and filed in a district that he was not confined in.
Criminal Law and Procedure 9th Jul. 30, 2024
Modification: People v. Bolourchi
Jurors at a motorist's DUI trial may draw an adverse inference of consciousness of guilt based on the motorist's refusal to submit to a pre-warrant blood test upon arrest.
Criminal Law and Procedure, Constitutional Law 1DCA/4 Jul. 29, 2024
People v. Hernandez
Defendant's appeal was dismissed when no issue was presented pertaining to the matter appealed and the court lacked jurisdiction on the only (unrelated) issue raised.
Criminal Law and Procedure 5DCA Jul. 26, 2024
Ruelas v. County of Alameda
Non-convicted incarcerated individuals performing services in county jails for a private, for-profit company had no wage and hour claims under the California Labor Code.
Criminal Law and Procedure, Employment Law 9th Jul. 29, 2024