Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
20-18
|
Lange v. California
Under Fourth Amendment, pursuit of fleeing misdemeanor suspect does not categorically justify warrantless entry into home. |
Criminal Law and Procedure |
|
E. Kagan | Jun. 24, 2021 |
19-50099
|
U.S. v. Velazquez
Prosecutor's misstatements of law during closing argument and court's failure to neutralize prejudice warranted reversal of defendant's conviction. |
Criminal Law and Procedure |
|
R. Paez | Jun. 24, 2021 |
D077905
|
In re Ontiveros
Inmate is not eligible for early parole consideration under Proposition 57 if inmate is convicted of violent felony, even if he was convicted of other nonviolent offenses. |
Criminal Law and Procedure |
|
P. Guerrero | Jun. 23, 2021 |
20-15175
|
Dickinson v. Shinn
Habeas relief was properly denied because loss of more favorable standard of appellate review due to counsel's failure to object to jury instruction does not satisfy 'Strickland v. Washington's prejudice prong. |
Criminal Law and Procedure |
|
B. Bade | Jun. 23, 2021 |
19-30269
|
U.S. v. Parlor
Imposition of multiple-firearms enhancement was proper because firearms found during search of defendant's house were sufficiently connected to his earlier possession of firearms for which he was charged. |
Criminal Law and Procedure |
|
D. Bress | Jun. 22, 2021 |
S260130
|
People v. Ollo
Voluntariness of victim's ingestion of drugs is key consideration in determination of whether defendant personally inflicts great bodily injury in drug furnishing context. |
Criminal Law and Procedure |
|
G. Liu | Jun. 22, 2021 |
E074251
|
People v. Coleman
Petition for resentencing under Penal Code Section 1170.91 does not require petitioner to allege evidentiary facts, such as symptoms or manifestations of qualifying condition. |
Criminal Law and Procedure |
|
M. Ramirez | Jun. 21, 2021 |
E074162
|
People v. Williams
If court is inclined to recall defendant's sentence, it should prepare and serve on counsel for parties its tentative decision adopting Department of Corrections and Rehabilitation's recommendation. |
Criminal Law and Procedure |
|
M. Ramirez | Jun. 21, 2021 |
E076057
|
People v. Burhop
Superior court lacked subject matter jurisdiction in ruling on defendant's Penal Code Section 1170.95 petition because it issued its order before appellate court issued remittitur. |
Criminal Law and Procedure |
|
R. Fields | Jun. 21, 2021 |
S262551
|
People v. Esquivel
When defendant is placed on probation with execution of state prison sentence suspended, defendant's case is not final for 'Estrada' retroactivity if defendant may still timely obtain direct review of order revoking probation. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Jun. 18, 2021 |
A157553
|
Stiavetti v. Clendenin
Setting statewide constitutional deadline for commencing substantive services for incompetent to stand trial defendants was appropriate to remedy ongoing due process violations. |
Criminal Law and Procedure |
|
J. Kline | Jun. 17, 2021 |
D077139
|
People v. Kasrawi
Discovery of outstanding arrest warrant attenuated taint of unlawful detention, so evidence obtained during subsequent search was admissible. |
Criminal Law and Procedure |
|
W. Dato | Jun. 17, 2021 |
F079610
|
People v. Simmons
Any error in failing to appoint counsel or afford petitioner other procedures outlined in Penal Code Section 1170.95(c) was harmless, because record established petitioner is ineligible for resentencing. |
Criminal Law and Procedure |
|
J. Detjen | Jun. 17, 2021 |
B305783
|
People v. Lopez
Although trial court abused its discretion in concealing names of prospective jurors, error was harmless because counsel had opportunity to elicit additional information from jurors. |
Criminal Law and Procedure |
|
G. Feuer | Jun. 16, 2021 |
D076458
|
People v. Sorden
Defendant could not collaterally attack criminal protective order that restricted him from 'disturbing the peace' because CPO cannot be attacked for only being legally erroneous. |
Criminal Law and Procedure |
|
J. Irion | Jun. 16, 2021 |
20-5904
|
Terry v. U.S.
Under First Step Act, crack offender is eligible for sentence reduction only if he is convicted of crack offense that triggered mandatory minimum sentence. |
Criminal Law and Procedure |
|
C. Thomas | Jun. 15, 2021 |
19-8709
|
Greer v. U.S.
'Rehaif' error is not basis for plain error relief unless defendant makes sufficient argument that he would have presented evidence at trial that he did not know know he was a felon. |
Criminal Law and Procedure |
|
B. Kavanaugh | Jun. 15, 2021 |
G057502
|
People v. Gonzalez
Trial court determined defendant made prima facie showing of eligibility under Penal Code Section 1170.95, but skipped issuing order to show cause and engaged in improper factfinding. |
Criminal Law and Procedure |
|
K. O'Leary | Jun. 15, 2021 |
H043738
|
People v. Roberts
Trial court did not err in denying defendant's objection to prosecutor's peremptory challenge because prosecutor's explanation was plausible and supported by the record. |
Criminal Law and Procedure |
|
A. Grover | Jun. 15, 2021 |
19-5410
|
Borden v. U.S.
Offenses with 'mens rea' of recklessness not do not qualify as violent felonies under Armed Career Criminal Act. |
Criminal Law and Procedure |
|
E. Kagan | Jun. 11, 2021 |
B304853
|
People v. Collins
Prosecutor erroneously misstated law for robbery by telling jury, 'the law uses an objective standard' for evaluating fear, when the law instead has uniformly adopted a subjective standard. |
Criminal Law and Procedure |
|
B. Hoffstadt | Jun. 11, 2021 |
A157529
|
People v. Richardson
Trial court acted in excess of its authority when it allowed defendant to plead no contest to human trafficking of minor, despite victim being 27 years old. |
Criminal Law and Procedure |
|
T. Jackson | Jun. 11, 2021 |
A157633
|
People v. Bankers Insurance Co.
Trial court's right to enter summary judgment against surety expired because it did not enter it before 90 day period, pursuant to Penal Code Section 1306(c). |
Criminal Law and Procedure |
|
M. Miller | Jun. 11, 2021 |
G058363
|
People v. Soriano
Gang expert's opinion that defendant's crime of carrying concealed knife was for benefit of, or in association with, gang was speculative. |
Criminal Law and Procedure |
|
E. Moore | Jun. 10, 2021 |
19-30202
|
U.S. v. Harris
Because there was no evidence that defendant exercised control over codefendant, district court abused its discretion in applying leadership enhancement under U.S.S.G. Section 3B1.1(c). |
Criminal Law and Procedure |
|
M. McKeown | Jun. 10, 2021 |
18-15498
|
Ford v. Peery
Federal court was required to give deference to state court findings under Antiterrorism and Effective Death Penalty Act, despite prosecutor's misstatement of law. |
Criminal Law and Procedure |
|
W. Fletcher | Jun. 9, 2021 |
F080431
|
People v. Accredited Surety & Casualty Company, Inc.
Government carried its burden of showing amount of forfeiture was not excessive under Eighth Amendment. |
Criminal Law and Procedure |
|
D. Franson | Jun. 8, 2021 |
B298388
|
People v. Casillas
Evidence of defendant's immigration status and two prior deportations was admissible to prove motive for attempted murder of police officer. |
Criminal Law and Procedure |
|
R. Federman | Jun. 8, 2021 |
B304678
|
People v. American Surety Company
Court may continue criminal proceedings without forfeiting bail if court has reason to believe that sufficient excuse may exist for failure to appear. |
Criminal Law and Procedure |
|
M. Tangeman | Jun. 8, 2021 |
C089676
|
People v. Brewer
Based on defendant's serious and numerous offenses, and his status as recidivist, his sentence of 63 years was not grossly disproportionate, even if he is developmentally disabled. |
Criminal Law and Procedure |
|
W. Murray | Jun. 8, 2021 |