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Name Category Published
People v. Redus
Evidence did not provide required link between appellant's ongoing mental illness and his purported difficulty in controlling his potentially dangerous behavior. 		Criminal Law and Procedure 1DCA/2 Sep. 24, 2020
In re King
Proposition 57 does not exclude sex offender registrants from early parole consideration based on prior convictions, because early parole consideration must be based solely on present offense of conviction. 		Criminal Law and Procedure 4DCA/2 Sep. 22, 2020
People v. Kurianski
When parolee admits parole violation for specified sentence and expressly waives his right to preliminary and final parole hearings, he waives his statutory right to have preparation of written report. 		Criminal Law and Procedure 2DCA/2 Sep. 21, 2020
People v. DeCasas
Trial court properly granted defendant's motion to dismiss petition under Sexually Violent Predator Act because it was filed 13 years ago and thus, deprived him of his due process right to speedy trial. 		Criminal Law and Procedure 2DCA/1 Sep. 21, 2020
U.S. v. Qazi
In this circuit an indictment missing an essential element that is properly challenged before trial must be dismissed. 		Criminal Law and Procedure 9th Sep. 18, 2020
People v. Cruz Cruz
Appellant's marijuana-related conditions of probation were stricken because they were neither related to the crime of conviction nor were they reasonably related to preventing appellant's future criminality. 		Criminal Law and Procedure 1DCA/5 Sep. 17, 2020
People v. Henderson
The decision whether to call certain witnesses is a matter of trial tactics and strategy which a reviewing court generally may not second guess. 		Criminal Law and Procedure 2DCA/7 Sep. 16, 2020
U.S. v. Garcia
Under attenuation doctrine, discovery of suspicionless search condition was not an intervening circumstance that broke causal chain between initial unlawful entry and discovery of evidence supporting conviction. 		Criminal Law and Procedure 9th Sep. 11, 2020
People v. Zaheer
Because counsel neglected to shore up an evidentiary gap, which created an opening for the prosecutor, who seized it, his failure amounted to ineffective assistance of counsel. 		Criminal Law and Procedure 4DCA/1 Sep. 10, 2020
People v. York
Jury's special circumstance finding before 'People v. Banks' and 'People v. Smith' did not preclude defendant's eligibility from sentencing relief under Penal Code Section 1170.95 as a matter of law. 		Criminal Law and Procedure 2DCA/5 Sep. 8, 2020
People v. Flores
Although not required, appellate court should independently review record on appeal when indigent defendant's appointed counsel files 'Wende' brief in postjudgment appeal from summary denial of Penal Code Section 1170.95 petition. 		Criminal Law and Procedure 4DCA/3 Sep. 4, 2020
People v. Murillo
Defendant was a major participant who acted with reckless indifference to human life because he instructed his friend to shoot victim; thus, defendant was ineligible for resentencing. 		Criminal Law and Procedure 2DCA/1 Sep. 3, 2020
U.S. v. Moalin
Government's collection of telephony metadata pursuant to Foreign Intelligence Surveillance Act may have violated defendant's Fourth Amendment rights, but suppression was not warranted. 		Criminal Law and Procedure 9th Sep. 3, 2020
Amended Opinion: People v. Triplett
Juries should be informed or reminded of their right to readback of testimony upon request to review testimony but such error was harmless here. 		Criminal Law and Procedure 2DCA/1 Sep. 2, 2020
People v. Conatser
Defendant was entitled to retroactive application of Senate Bill No. 180 because court imposed split sentence and therefore, his proceeding was ongoing when Senate Bill No. 180 became effective. 		Criminal Law and Procedure 1DCA/3 Aug. 28, 2020
U.S. v. Litwin
District court erred in dismissing juror because its determination that juror harbored 'malice toward the judicial process' was not supported by the record. 		Criminal Law and Procedure 9th Aug. 28, 2020
U.S. v. Rodriguez-Gamboa
Because geometric isomers of methamphetamine are impossible, there is no realistic probability that defendant's California methamphetamine statute of conviction will be used to prosecute someone in connection with geometric isomers of methamphetamine. 		Criminal Law and Procedure 9th Aug. 28, 2020
People v. Byers
There was insufficient evidence defendant was armed with a firearm during the offense of possessing the firearm. 		Criminal Law and Procedure 2DCA/3 Aug. 27, 2020
People v. Nguyen
Defendant was not entitled to Penal Code Section 1170.95 relief because transcripts from preliminary and plea hearings demonstrated he was convicted of second degree murder as direct aider and abettor. 		Criminal Law and Procedure 2DCA/1 Aug. 27, 2020
U.S. v. Hussain
Defendants's wire fraud convictions did not involve impermissible extraterritorial application of US law because defendant used domestic wires to perpetrate his fraud. 		Criminal Law and Procedure 9th Aug. 27, 2020
Modification: In re Shelton
Board of Parole Hearings considering inmate insight deficiencies must consider whether immutable facts are probative to the inmate's current dangerousness. 		Criminal Law and Procedure 1DCA/2 Aug. 26, 2020
U.S. v. Lusby
Sex Offender Registration and Notification Act does not require that defendant's interstate travel not be compelled. 		Criminal Law and Procedure 9th Aug. 26, 2020
Abcarian v. Levine
The Hobbs Act does not carry an accompanying civil private right of action for extortion. 		Criminal Law and Procedure 9th Aug. 26, 2020
People v. Peterson
Prospective jurors may not be disqualified from service in a capital case solely because of their general objections to the death penalty. 		Criminal Law and Procedure CASC Aug. 25, 2020
People v. Valdes
Defendant was entitled to 258 days actual custody credit instead of 257 days. 		Criminal Law and Procedure 2DCA/6 Aug. 25, 2020
People v. Belche
Trial court did not have jurisdiction to find defendant violated probation based on his indecent exposure because defendant's probation had been formally revoked and not reinstated. 		Criminal Law and Procedure 3DCA Aug. 25, 2020
Mitchell v. U.S.
Applicant's motion did not make 'a substantial showing of the denial of a constitutional right,' and thus, certificate of appealability was denied. 		Criminal Law and Procedure 9th Aug. 25, 2020
People v. Brooks
Trial court did not abuse its discretion in denying defendant's motion to strike prior serious felony enhancements. 		Criminal Law and Procedure 2DCA/1 Aug. 24, 2020
U.S. v. Cate
Supervised release revocation proceeding is not the proper forum to challenge an underlying conviction. 		Criminal Law and Procedure 9th Aug. 24, 2020
People v. McGee
Presence of unsealed bag of marijuana plainly visible on passenger's person constitutes probable cause to search passenger's purse. 		Criminal Law and Procedure 3DCA Aug. 21, 2020
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