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Name Category Published
Salari v. Superior Court (People)
A party does not impliedly waive right to timely filing of information by agreeing to later arraignment. 		Criminal Law and Procedure 2DCA/8 May 27, 2020
People v. Braum
Double Jeopardy Clause protects only against multiple criminal punishments in successive proceedings for same offense. 		Criminal Law and Procedure 2DCA/5 May 27, 2020
People v. Smolkin
Appellant's conviction under Penal Code Section 69 based on threatening speech was unconstitutional because his speech was not 'true threat.' 		Criminal Law and Procedure 1DCA/5 May 22, 2020
In re Christopher Lee White
Trial court's exercise of discretion in denying bail under California Constitution Article I, Section 12(b) did not constitute abuse of discretion. 		Criminal Law and Procedure CASC May 22, 2020
People v. Rodriguez
Prosecutors must generally avoid raising subject of future perjury prosecutions in their closing arguments to avoid improper vouching. 		Criminal Law and Procedure CASC May 22, 2020
Smith v. Baker
Petitioner successfully argued his counsel's performance was deficient but failed to show he was prejudiced by it. 		Criminal Law and Procedure 9th May 22, 2020
People v. Valles
Courts have discretion to strike greater enhancements only when imposed enhancement was legally inapplicable or unsupported by evidence. 		Criminal Law and Procedure 4DCA/2 May 21, 2020
People v. Smith
Courts may not defer to jury's pre-'Banks/Clark' factual findings when determining petitioner's eligibility for resentencing under Penal Code Section 1170.95. 		Criminal Law and Procedure 2DCA/5 May 19, 2020
Modification: People v. Law
Defendant was not entitled to relief under Penal Code Section 1170.95 because he was a major participant and acted with reckless indifference to human life. 		Criminal Law and Procedure 4DCA/2 May 15, 2020
People v. Seo
Trial court properly refused to instruct jury that possession of counterfeiting equipment requires an intent to defraud. 		Criminal Law and Procedure 4DCA/3 May 14, 2020
People v. Prowell
State's interests in preventing defendant's harassing communication with victim could be served through narrower means than allowing warrantless searches of defendant's communication devices. 		Criminal Law and Procedure 3DCA May 13, 2020
People v. Sanchez
Penal Code 1170.95 does not apply to defendants convicted of voluntary manslaughter, it only provides relief for first degree murder convictions. 		Criminal Law and Procedure 4DCA/2 May 11, 2020
People v. Thompkins
Kill zone theory does not apply where defendant merely subjected persons near primary target to lethal risk. 		Criminal Law and Procedure 1DCA/4 May 7, 2020
People v. Law
Defendant was not entitled to relief under Penal Code Section 1170.95 because he was a major participant and acted with reckless indifference to human life. 		Criminal Law and Procedure 4DCA/2 May 7, 2020
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 May 6, 2020
People v. Edwards
Courts may review records of conviction and other information in determining if petitioners meet requirements under Penal Code Section 1170.95. 		Criminal Law and Procedure 1DCA/3 May 6, 2020
In re I.A.
Prosecutors must show dominion and control over a gun to establish a minor was in actual or constructive possession. 		Criminal Law and Procedure 2DCA/6 May 6, 2020
People v. Torres
Trial court erred in admitting testimony from preliminary hearing because prosecution failed to establish its due diligence in making the witness available. 		Criminal Law and Procedure 2DCA/8 May 6, 2020
People v. Flores
Jury reasonably concluded defendant committed murder because defendant was with victim, he shot someone near his van, and returned without victim. 		Criminal Law and Procedure CASC May 5, 2020
U.S. v. Yang
No privacy rights exist in rental vehicle's historical location data if company's firm return policy is not adhered to. 		Criminal Law and Procedure 9th May 5, 2020
People v. Davis
Remand not warranted where record clearly indicates trial court would not have stricken prior felony enhancement under SB 1393. 		Criminal Law and Procedure 5DCA May 4, 2020
People v. Torres
Trial court's discretion is not unfettered when defendant satisfies requirements for compassionate release pursuant to Penal Code Section 1170. 		Criminal Law and Procedure 4DCA/2 May 4, 2020
People v. Offley
Trial court erred in finding defendants were ineligible for relief under SB 1437 due to sentence enhancements for intentionally discharging a firearm and proximately causing death. 		Criminal Law and Procedure 2DCA/1 May 4, 2020
Benson v. Chappell
In challenging his California death sentence for murder, petitioner failed to show state's determination was an unreasonable application of federal law. 		Criminal Law and Procedure 9th May 4, 2020
People v. Guerrero
Simultaneous possession of contraband alone does not raise meaningful connection as required under Proposition 47's identity theft exception. 		Criminal Law and Procedure CASC May 1, 2020
People v. Ashbey
Defendant was properly convicted of four counts of arson of forest land because Penal Code Section 450(b) is violated each time a burning, however small, occurs. 		Criminal Law and Procedure 3DCA Apr. 30, 2020
Ayala v. Superior Court (People)
Under Emergency Rule 4, courts preserve their existing authority to increase bail from zero dollars; thus, superior court's implemented procedure was authorized. 		Criminal Law and Procedure 4DCA/1 Apr. 30, 2020
People v. Bell
Defendant's Penal Code Section 667.5 enhancement allegations and accompanying terms were stricken in light of Senate Bill No. 1361. 		Criminal Law and Procedure 2DCA/8 Apr. 29, 2020
People v. Bucio
Senate Bill 1437 is constitutional and does not conflict with Proposition 7; thus, defendant's petition for resentencing under SB 1437 should have been granted. 		Criminal Law and Procedure 2DCA/6 Apr. 29, 2020
U.S. v. Ray
District court improperly excluded psychologist's testimony on ground that psychologist did not opine that defendant was unable to appreciate nature and quality of his acts. 		Criminal Law and Procedure 9th Apr. 29, 2020
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