| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
19-30222
|
U.S. v. Gonzalez-Valencia
District court erred in dismissing indictment charging illegal reentry after removal in violation of 8 U.S.C. Section 1326. |
Criminal Law and Procedure |
|
M. Bennett | Feb. 16, 2021 |
|
B303213
|
People v. Kidane
There was sufficient evidence supporting defendant's gross vehicular manslaughter while intoxicated conviction because he drove erratically, had dilated pupils, and expert testimony attested to level of THC in his system. |
Criminal Law and Procedure |
|
E. Grimes | Feb. 12, 2021 |
|
19-30225
|
U.S. v. Woodberry
District court did not err in its jury instructions for defendant's Hobbs Act robbery charge. |
Criminal Law and Procedure |
|
R. Gould | Feb. 12, 2021 |
|
A157980
|
People v. Duchine
Trial court erroneously decided that petitioner could theoretically have been found guilty of murder that remains valid under S.B. 1437, because prosecutor must prove that beyond a reasonable doubt. |
Criminal Law and Procedure |
|
T. Stewart | Feb. 10, 2021 |
|
A156932
|
Modification: People v. Quinn
Assembly Bill No. 1950 applied retroactively and reduced defendant's probation from three years to two years. |
Criminal Law and Procedure |
|
D. Aafedt | Feb. 9, 2021 |
|
E073965
|
People v. Clements
Trial judge properly relied on petitioner's prior appellate opinion in deciding whether petitioner was eligible for relief under Penal Code Section 1170.95. |
Criminal Law and Procedure |
|
M. Slough | Feb. 8, 2021 |
|
E074136
|
People v. Harris
Because defendant was convicted of attempted murder and voluntary manslaughter, and not murder, defendant was not eligible for relief under Penal Code Section 1170.95. |
Criminal Law and Procedure |
|
F. Menetrez | Feb. 5, 2021 |
|
F076883
|
People v. Collins
Although prosecutor cited prospective juror's criminal history as race-neutral basis to excuse her, prosecutor's failure to ask her any meaningful questions about that experience raised inference of discrimination. |
Criminal Law and Procedure |
|
M. Snauffer | Feb. 4, 2021 |
|
G058891
|
Modification: People v. Lipptrapp
Defendant's motion contained sufficient information for him to gain access to 'Franklin' evidence preservation proceeding. |
Criminal Law and Procedure |
|
K. O'Leary | Feb. 4, 2021 |
|
S170280
|
People v. Baker
A juror's reservations about imposing the death penalty are an acceptable race-neutral basis for exercising a peremptory challenge. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Feb. 2, 2021 |
|
S040704
|
People v. Johnsen
Venue change was not required for defendant's heinous crimes because nature and gravity of offenses are not dispositive by themselves. |
Criminal Law and Procedure |
|
G. Liu | Feb. 2, 2021 |
|
S155160
|
Amended Opinion: People v. Ramirez
Death penalty judgment was upheld because trial court's instruction under CALCRIM No. 521, modified by Penal Code Section 189 did not amount to error. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Feb. 1, 2021 |
|
S155160
|
People v. Ramirez
Death penalty judgment was upheld because trial court's instruction under CALCRIM No. 521, modified by Penal Code Section 189 did not amount to error. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Jan. 29, 2021 |
|
C091845
|
People v. Ramirez
Review pursuant to 'People v. Wende' was denied because appeal from denial of motion to vacate plea was not defendant's first appeal of right. |
Criminal Law and Procedure |
|
H. Hull | Jan. 28, 2021 |
|
A157283
|
People v. Williams
Trial judge's participation in questioning of prosecution's fingerprint expert by repeatedly interrupting defense's cross-examination constituted prejudicial misconduct. |
Criminal Law and Procedure |
|
I. Petrou | Jan. 28, 2021 |
|
19-56475
|
Lewis v. U.S.
New criminal procedure rule derived from 'United States v. Hill' did not apply retroactively petitioner's collateral attack on his court-martial conviction. |
Criminal Law and Procedure |
|
D. O'Scannlain | Jan. 26, 2021 |
|
A157339
|
People v. Hill
Defendant was not required to obtain certificate of probable cause to raise mental health diversion issue under Penal Code Section 1001.36 on appeal. |
Criminal Law and Procedure |
|
T. Jackson | Jan. 25, 2021 |
|
19-10323
|
U.S. v. Mora-Alcaraz
Order suppressing physical evidence was reversed because government's failure to give defendant 'Miranda' warnings did not justify suppression. |
Criminal Law and Procedure |
|
M. Schroeder | Jan. 22, 2021 |
|
F078357
|
People v. Montes
Limited remand was appropriate for trial court to consider defendant's future ability to pay fines and assessments imposed postconviction. |
Criminal Law and Procedure |
|
K. Meehan | Jan. 20, 2021 |
|
E075340
|
Favor v. Superior Court (People)
The right to a preliminary hearing within 60 days of arraignment 'is absolute absent a defendant's personal waiver.' |
Criminal Law and Procedure |
|
M. Raphael | Jan. 15, 2021 |
|
20-10007
|
U.S. v. King
District court properly denied defendant's motion to suppress firearms found during search because search warrant was not overbroad. |
Criminal Law and Procedure |
|
P. Bumatay | Jan. 15, 2021 |
|
D077024
|
People v. Sims
Assembly Bill No. 1950's two-year limitation on felony probation was an ameliorative change to criminal law that is subject to 'In re Estrada' presumption of retroactivity. |
Criminal Law and Procedure |
|
J. McConnell | Jan. 14, 2021 |
|
H045676
|
Modification: People v. Azcona
Trial court abandoned its gatekeeping responsibility by allowing firearms expert to testify to conclusions not supported by the material on which he relied. |
Criminal Law and Procedure |
|
Jan. 13, 2021 | |
|
G057958
|
People v. Jung
One's own error in not understanding or knowingly accepting that guilty plea will have certain and adverse immigration consequences may constitute prejudicial error under Penal Code Section 1473.7. |
Criminal Law and Procedure |
|
R. Fybel | Jan. 13, 2021 |
|
G058891
|
People v. Lipptrapp
Defendant's motion contained sufficient information for him to gain access to 'Franklin' evidence preservation proceeding. |
Criminal Law and Procedure |
|
K. O'Leary | Jan. 13, 2021 |
|
A156932
|
People v. Quinn
Assembly Bill No. 1950 applied retroactively and reduced defendant's probation from three years to two years. |
Criminal Law and Procedure |
|
S. Pollak | Jan. 13, 2021 |
|
19-10289
|
U.S. v. Bruce
District court reasonably concluded that use of Facebook photo during identification procedure was not so suggestive that it rendered witness's identification unreliable. |
Criminal Law and Procedure |
|
M. Christen | Jan. 13, 2021 |
|
D076621
|
People v. Brand
Defendant's condition of mandatory supervision specifying that defendant must report arrests or contacts with law enforcement was not unconstitutionally vague or overbroad. |
Criminal Law and Procedure |
|
J. Irion | Jan. 12, 2021 |
|
B297509
|
People v. Gonzalez
Expert witness's conclusory and contradictory statements held insufficient to support gang enhancement under Penal Code Section 186.22. |
Criminal Law and Procedure |
|
J. Wiley | Jan. 8, 2021 |
|
B301093
|
People v. Choi
Defendant's two one-year prior prison term enhancements were stricken under Senate Bill No. 136 and remanded for trial court to reevaluate its discretionary sentencing decisions in light of these changed circumstances. |
Criminal Law and Procedure |
|
T. Bigelow | Jan. 8, 2021 |
