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Name Category Published
People v. Clayton
Jury's unanimous rejection of felony-murder special-circumstance allegation establishes petitioner's entitlement to relief under Penal Code Section 1170.95 as matter of law.
Criminal Law and Procedure 2DCA/2 Jul. 7, 2021
People v. Sanchez
Evidence was insufficient to support conviction for possession of controlled substance while armed with firearm because firearm was not available for immediate defensive or offensive use.
Criminal Law and Procedure 6DCA Jul. 6, 2021
People v. Grandpierre
In awarding restitution, trial court did not abuse its discretion by calculating loss to company notwithstanding company owner's efforts to make up lost work hours for company.
Criminal Law and Procedure 2DCA/8 Jul. 6, 2021
Dunn v. Reeves
In denying habeas relief, state court reasonably found that lack of evidence about counsel's decisions not to hire expert to evaluate petitioner impeded petitioner's ineffective assistance of counsel claim.
Criminal Law and Procedure USSC Jul. 6, 2021
U.S. v. Keller
Administrative exhaustion is mandatory before seeking compassionate release under 18. U.S.C. Section 3582(c)(1)(A)(i) and must be enforced when properly raised by government.
Criminal Law and Procedure 9th Jul. 2, 2021
People v. Valencia
Facts concerning particular events and participants alleged to have been involved in predicate offenses constitute case-specific facts that must be proved by independently admissible evidence.
Criminal Law and Procedure CASC Jul. 2, 2021
People v. Battle
Admission of defendant's statements regarding sword collection did not create undue prejudice because murder weapon was a knife, and statements were brief and in passing.
Criminal Law and Procedure CASC Jul. 2, 2021
People v. Gonzales
There was no ex post facto violation when trial court vacated murder conviction under Penal Code Section 1170.95 and redesignated defendant's conviction to battery.
Criminal Law and Procedure 2DCA/4 Jul. 1, 2021
Medina v. Superior Court (People)
Petitioner was denied treatment to which he was legally entitled--and the ability to accrue time toward the maximum commitment period--because providers of services had not fulfilled their obligations.
Criminal Law and Procedure 4DCA/3 Jul. 1, 2021
People v. Gonsalves
Defendant's probation condition forbidding him from associating with persons known to him to have 'criminal record' is impermissibly vague because it may include record of arrest resulting in no charge or conviction.
Criminal Law and Procedure 1DCA/3 Jul. 1, 2021
People v. Presley
Defendant's commitment as sexually violent predator was not erroneous because experts' testimony drew on multiple sources of information, not solely case-specific facts.
Criminal Law and Procedure 3DCA Jun. 30, 2021
People v. Bradley
Evidence relevant to 'People v. Clark' factors was sufficient to establish that defendant's acted with reckless indifference to human life required for felony-murder conviction.
Criminal Law and Procedure 1DCA/1 Jun. 29, 2021
Modification: Schumb v. Superior Court (People)
Trial court abused its discretion in denying defendant's motion to disqualify Santa Clara County District Attorney's Office from prosecuting his case because of his friendship with elected District Attorney.
Criminal Law and Procedure 6DCA Jun. 29, 2021
People v. Ruggerio
A judgment imposing but suspending execution of a sentence is not final for purposes of S.B. 136 retroactivity.
Criminal Law and Procedure 2DCA/6 Jun. 29, 2021
Lombardo v. St. Louis
Appellate court described as 'insignificant' facts that appear potentially important in ruling that officers did not apply unconstitutionally excessive force.
Criminal Law and Procedure USSC Jun. 29, 2021
Jones v. Ryan
Defense counsel provided ineffective assistance by failing to secure defense mental expert given indications defendant likely suffered from some sort of mental illness.
Criminal Law and Procedure 9th Jun. 29, 2021
In re Friend
Proposition 66's new restrictions on presentation of habeas corpus claims in 'successive' petitions apply only to those claims that were or could have been raised in earlier petition, not on newly available claims.
Criminal Law and Procedure CASC Jun. 29, 2021
Modification: People v. Tousant
Defendant's motion to suppress evidence from warrantless search of his vehicle was properly denied because vehicle was in close proximity to shooting, parked in haphazard way, and residents did not recognize it.
Criminal Law and Procedure 1DCA/2 Jun. 28, 2021
People v. Huynh
Trial court prejudicially erred in allowing admission of evidence and argument that defendant was in criminal street gang when evidence showed that so-called gang was just group of men who gathered to socialize.
Criminal Law and Procedure 4DCA/1 Jun. 25, 2021
People v. El
Trial court erroneously believed it did not have discretion to impose any sentence other than maximum six-month term under Vehicle Code Section 14601.1 when defendant refused probation.
Criminal Law and Procedure 3DCA Jun. 25, 2021
Corona v. Superior Court (People)
Petitioner was entitled to have his first degree burglary charge set aside under Penal Code Section 995(a)(2)(B) because he entered uninhabited detached garage.
Criminal Law and Procedure 1DCA/5 Jun. 24, 2021
Lange v. California
Under Fourth Amendment, pursuit of fleeing misdemeanor suspect does not categorically justify warrantless entry into home.
Criminal Law and Procedure USSC Jun. 24, 2021
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 9th Jun. 24, 2021
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 4DCA/1 Jun. 23, 2021
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 9th Jun. 23, 2021
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 9th Jun. 22, 2021
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 CASC Jun. 22, 2021
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 4DCA/2 Jun. 21, 2021
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 4DCA/2 Jun. 21, 2021
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 4DCA/2 Jun. 21, 2021