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Name Category Published
In re Chavez
California Department of Corrections and Rehabilitation's regulation excluding sex offenders from early parole consideration is inconsistent with California Constitution Article I Section 32.
Criminal Law and Procedure 6DCA Jul. 2, 2020
People v. Castellanos
Defendant's probation condition requiring search of electronics was reasonable because cell phones are frequently used in transporting drugs and defendant was arrested for transportation of drugs.
Criminal Law and Procedure 6DCA Jul. 1, 2020
People v. Ruiz
Prosecution cannot prove 'corpus delicti' by relying exclusively on extrajudicial statements, confessions, or admissions of defendant because independent evidence showing harm is required.
Criminal Law and Procedure 1DCA/2 Jul. 1, 2020
People v. Duffy
Defendant's enhancements were stricken after he was improperly convicted for the same offense, possession of a concealed firearm in a vehicle, based on alternate legal theories.
Criminal Law and Procedure 3DCA Jun. 30, 2020
Bullock v. Superior Court (People)
Courts must demonstrate particularized nexus between COVID-19 pandemic and its inability to conduct timely preliminary hearing in order to extend time.
Criminal Law and Procedure 1DCA/5 Jun. 29, 2020
U.S. v. Cox
Defendant satisfied 'notice' requirement for child pornography conviction when she sent one-to-one electronic message to Dropbox account that contained child pornography.
Criminal Law and Procedure 9th Jun. 29, 2020
In re Scoggins
Defendant's conduct in planning unarmed assault and robbery, did not support robbery-murder special-circumstance finding because defendant did not know his accomplices would shoot and kill victim.
Criminal Law and Procedure CASC Jun. 26, 2020
People v. Stamps
Defendant was entitled to limited remand to allow him the opportunity to request relief under Senate Bill No. 1393, which might have consequences to his plea agreement.
Criminal Law and Procedure CASC Jun. 26, 2020
U.S. v. Johnson
Although government did not prove at trial that defendant knew of his status as convicted felon, court records contained information about his prior felony convictions and years served in prison.
Criminal Law and Procedure 9th Jun. 26, 2020
Modification: 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 Jun. 26, 2020
People v. Mayfield
Trial court abused its discretion by striking one of respondent's prior strikes after he committed hate crime against pregnant African American woman.
Criminal Law and Procedure 4DCA/1 Jun. 25, 2020
People v. Bradley
Belated assertion of right to a speedy trial is entitled to less weight than prompt assertion of such right.
Criminal Law and Procedure 3DCA Jun. 25, 2020
United States v. Magdirila
Police officers' failure to precisely comply with Inglewood Police Department towing policy when they failed to completely fill out inventory form did not render search invalid.
Criminal Law and Procedure 9th Jun. 24, 2020
People v. Cotsirilos
In ordinary infraction case, prosecution is not required to oppose motion to suppress by filing opposition brief or appearing at suppression hearing.
Criminal Law and Procedure 4DCA/1 Jun. 23, 2020
People v. Aguilera
DEA's refusal to produce potentially exculpatory evidence did not deprive defendants of fair trial because DEA was not working on behalf of prosecution and was not part of investigation.
Criminal Law and Procedure 4DCA/1 Jun. 22, 2020
People v. Chen
In order for use of deadly force to be justified as defense, intrusion must threaten death or serious bodily harm.
Criminal Law and Procedure 4DCA/2 Jun. 22, 2020
Modification: 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 Jun. 19, 2020
People v. Reneaux
Senate Bill 1393 permitted defendant's case to be remanded for limited purpose of giving trial court the opportunity to consider striking prior serious felony enhancement.
Criminal Law and Procedure 3DCA Jun. 19, 2020
People v. Frahs
Mental health diversion statute applies retroactively because it mitigates possible punishment for a class of persons and there is no contradicting legislative Intent.
Criminal Law and Procedure CASC Jun. 19, 2020
U.S. v. Shehadeh
District court correctly refused to allow defendant to withdraw his guilty plea because it was knowing and voluntary.
Criminal Law and Procedure 9th Jun. 19, 2020
Rose v. Guyer
Certificate of appealability is required to challenge orders denying a motion to enforce a conditional writ of habeas corpus.
Criminal Law and Procedure 9th Jun. 19, 2020
Staten v. Davis
Even though trial counsel was deficient for failing to present testimony that gang members appeared to claim credit for murders, there was compelling evidence of petitioner's guilt.
Criminal Law and Procedure 9th Jun. 19, 2020
People v. Howard
Penal Code Section 1170.95 permits court to redesignate defendant's felony-murder conviction to underlying felony, and does not direct court to impose the lesser degree.
Criminal Law and Procedure 1DCA/5 Jun. 18, 2020
In re Rayford
Kill zone theory was improperly instructed because it was reasonable to infer that shooters fired on house to scare occupants, with conscious disregard of risk of serious injury for those around.
Criminal Law and Procedure 2DCA/7 Jun. 18, 2020
People v. Cole
Trial court erred in placing defendant on two separate but concurrent grants of probation based on separate offenses rather than on one grant of probation based on his aggregate sentence.
Criminal Law and Procedure 1DCA/3 Jun. 18, 2020
People v. Albert
Although defendant's sibling approached juror, there was no evidence sibling conveyed any communication about case's merits; thus, there was no reasonable probability of prejudice.
Criminal Law and Procedure 4DCA/2 Jun. 18, 2020
People v. Johnson
Evidence of marijuana in car does not provide certainty the car contains contraband to justify Fourth Amendment search.
Criminal Law and Procedure 3DCA Jun. 17, 2020
People v. Jones
If the court elects to dismiss a juror, the court's inquiry must be sufficient to support the dismissal.
Criminal Law and Procedure 1DCA/5 Jun. 17, 2020
U.S. v. Jaycox
California Penal Code Section 261.5(c) which criminalizes consensual intercourse between twenty-one-year-old and someone nearly eighteen did not relate to abusive sexual conduct involving minor for purposes of sentencing enhancement.
Criminal Law and Procedure 9th Jun. 17, 2020
Andrus v. Texas
Petitioner had shown deficient performance under first prong of 'Strickland,' and there was significant question whether Court of Criminal Appeals properly considered prejudice under second prong.
Criminal Law and Procedure USSC Jun. 16, 2020