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People v. Brooks
Regardless of whether a defendant was charged with a violent felony in the commission of a burglary, the restitution statute permits restitution for security improvement costs incurred by a victim. such as a burglar alarm. 		Criminal Law and Procedure 1DCA/2 May 31, 2018
People v. Miller
Petition for certificate of rehabilitation and pardon is barred by Penal Code Section 4852.06 if there is interval of time between requisite minimum of five years of California residency and filing of the petition. 		Criminal Law and Procedure 6DCA May 31, 2018
People v. Berg
Voluntary intoxication evidence is inadmissible under Penal Code Section 29.4 because possession of a controlled substance inside a jail facility is a general intent crime. 		Criminal Law and Procedure 6DCA May 31, 2018
People v. Washington
Proposition 47 petitioner meets burden of showing that value of the stolen property does not exceed $950 with affirmative statement that value is less than $950. 		Criminal Law and Procedure 2DCA/8 May 31, 2018
People v. Simms
Where Prop 47 petitioner only waives right to be present at uncontested eligibility hearing, constitutional and statutory rights violated where such contested hearings take place without petitioner. 		Criminal Law and Procedure 1DCA/4 May 31, 2018
In re Ruedas
Habeas Corpus petition was denied on the ground that the holding in 'People v. Sanchez was prospective only. 		Criminal Law and Procedure 4DCA/3 May 30, 2018
People v. Soto
Defendant was found to be inelegible for relief under Proposition 47 because defendant was charged with theft from an elder, which is an aggravated form of theft, thus it is an offense that is not covered under Section 490.2. 		Criminal Law and Procedure 4DCA/1 May 30, 2018
People v. Brown
Report of child sexual abuse made to law enforcement by person or agency other than child victim does trigger one-year limitations period under former Penal Code Section 803(g). 		Criminal Law and Procedure 1DCA/2 May 29, 2018
In re Lewis
Death row inmate is ineligible for execution because he is indeed intellectually disabled within the meaning of 'Atkins.' 		Criminal Law and Procedure CASC May 25, 2018
People v. Balov
Arresting officer's failure to inform drunk driver of consequences of refusing chemical test did not render driver's consent to such test coercive or involuntary. 		Criminal Law and Procedure 4DCA/1 May 24, 2018
People v. Williams
Receipt of stolen car falls within realm of Proposition 47, even if not expressly listed in Penal Code Section 1170.18, if car's value is no more than $950. 		Criminal Law and Procedure 1DCA/4 May 23, 2018
People v. Hall
Judgment finding defendant's misdemeanor conduct admissible reversed where evidence cannot impeach 'prosecution's' evidence of defendant's statement relating to defendant's good character. 		Criminal Law and Procedure 1DCA/1 May 22, 2018
People v. Smith
Defendant fails to carry burden of persuasion in 'Batson/Wheeler' challenges despite making prima facie showing of prosecutor's race-based exclusion of Black jurors. 		Criminal Law and Procedure CASC May 22, 2018
In re Galaviz
Where court sees 'substantial evidence' raising reasonable doubt of chronically ill and tenuously-competent defendant's ability to stand trial, it must hold a competency hearing. 		Criminal Law and Procedure 4DCA/3 May 21, 2018
People v. Kerley
Introduction of extensive evidence of domestic abuse in murder trial not violation of Evidence Code Section 352, where charged offense was 'primary focus' of prosecution. 		Criminal Law and Procedure 1DCA/4 May 21, 2018
Modification: People v. Perez
A defense attorney burdened by an 'actual' conflict of interest violates a defendant's constitutional right to effective counsel. 		Criminal Law and Procedure CASC May 18, 2018
Davis v. App. Div. of the Superior Court
If a defendant's motion seeks to suppress evidence obtained as a result of police conduct involving a series of warrantless searches and seizures, the defendant must precisely identify which of the searches or seizures he or she challenges as unlawful. 		Criminal Law and Procedure 2DCA/7 May 17, 2018
U.S. v. Briones
No constitutional violation of 'Miller,' where resentencing judge considers mitigating 'hallmark features' of youth but nonetheless reimposes life without parole sentence. 		Criminal Law and Procedure 9th May 17, 2018
People v. Vannesse
Consent to potential DUI-scene blood testing makes such evidence admissible, though peace officer advised arrestee that his only choice was to submit to blood test. 		Criminal Law and Procedure 2DCA/6 May 17, 2018
Modification: People v. Espinoza
Appeal dismissed because defendant fails to receive probable cause certificate, where defendant has previously entered a plea of no contest. 		Criminal Law and Procedure 1DCA/1 May 17, 2018
People v. Torres
Judgment reversed and remanded where trial court errs in concluding that Three Strikes law does not give it discretion to impose concurrent sentences. 		Criminal Law and Procedure 1DCA/1 May 16, 2018
People v. Espinoza
An internet drug reference website came within the 'published compilation exception' to the hearsay rule codified under Evidence Code Section 1340. 		Criminal Law and Procedure 2DCA/6 May 16, 2018
U.S. v. McDuffy
Section 2113(e), which imposes an enhanced punishment on person who kills another during course of committing bank robbery, applies to accidental killings. 		Criminal Law and Procedure 9th May 16, 2018
U.S. v. Sanchez-Gomez
Appeals challenging use of full restraints during nonjury pretrial are moot when underlying criminal cases end before Ninth Circuit renders decision. 		Criminal Law and Procedure USSC May 15, 2018
Dahda v. United States
Judgment affirmed where evidence deriving from sentences in wiretap orders that presumably exceed authorizing judge's authority is not introduced at trial and sentences do not render remaining orders insufficient. 		Criminal Law and Procedure USSC May 15, 2018
U.S. v. Johnson
Under 'U.S. v. Orozco', officers' search and seizure of items from a defendant's car cannot be justified under the inventory-search doctrine without court ensuring officers' purpose was proper. 		Criminal Law and Procedure 9th May 15, 2018
People v. Ogunmowo
Order denying motion to vacate drug trafficking conviction for ineffective assistance of counsel reversed and remanded where counsel’s deficient performance prejudices defendant. 		Criminal Law and Procedure 2DCA/1 May 14, 2018
Modification: People v. Perez
Trial counsel's failure to object to testimony of prosecution's gang expert constitutes forfeiture of defendant's right to challenge case-specific testimony under 'People v. Sanchez.' 		Criminal Law and Procedure 4DCA/2 May 11, 2018
People v. Guzman
Where intervening statutory amendment changes meaning or reach of probation condition, trial court has jurisdiction to clarify said condition. 		Criminal Law and Procedure 1DCA/4 May 11, 2018
People v. Valenzuela
Regardless of what verdict forms are returned, the jurors' oral declaration is the true return of the verdict. 		Criminal Law and Procedure 2DCA/1 May 11, 2018
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