Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
16-6795
|
Ayestas v. Davis
Court misinterprets 18 U.S.C. Section 3599(f) where it interprets the section as requiring funding applicant to show ‘substantial need’ to obtain funds provided by section. |
Criminal Law and Procedure |
|
S. Alito | Mar. 22, 2018 |
G053424
|
People v. Tran
Case remanded where juvenile sentencing hearing precedes decision that affords such offenders right to present evidence for possibility of future parole. |
Criminal Law and Procedure |
|
W. Bedsworth | Mar. 21, 2018 |
A148959
|
People v. Aguirre
Total amount of counterfeit currency possessed by defendant properly determines whether defendant qualifies for Prop 47 resentencing based on $950 benchmark. |
Criminal Law and Procedure |
|
K. Banke | Mar. 20, 2018 |
C081532
|
People v. Cabrera
Revisiting and vacating a sentencing court's conclusions that defendant's prior convictions were serious felonies under relevant statutes is beyond the scope of Section 1170.126 of the Three Strikes Reform Act. |
Criminal Law and Procedure |
|
E. Duarte | Mar. 20, 2018 |
C084592
|
People v. Jordan
To promote judicial economy, Penal Code Section 1237.2 requires defendant to bring minor ministerial contention in original appeal that includes other, more substantial contentions. |
Criminal Law and Procedure |
|
R. Robie | Mar. 19, 2018 |
B270903
|
People v. Almanza
Though statutory amendment allows trial court retroactive discretion to strike previously-mandatory enhancement, no purpose to remand where trial court had evinced 'no desire to be lenient' with first degree murder defendant. |
Criminal Law and Procedure |
|
A. Gilbert | Mar. 19, 2018 |
B276786
|
People v. Mireles
Defendant properly convicted of robbery where he swaps price tags of items in store and swings fist at worker attempting to prevent his taking. |
Criminal Law and Procedure |
|
A. Johnson | Mar. 14, 2018 |
C082890
|
People v. Johnson
Where defendant engages in "out of control, self-destructive, and extremely odd" behavior at trial, substantial evidence requires mid-trial competency evaluation, despite court's belief that defendant was faking behavior. |
Criminal Law and Procedure |
|
V. Raye | Mar. 14, 2018 |
S111336
|
In re Figueroa
Judgment of conviction for murder vacated entirely where it is reasonably probable that result would have been different without false evidence presented at trial. |
Criminal Law and Procedure |
|
C. Corrigan | Mar. 13, 2018 |
S228230
|
People v. DeHoyos
Defendants who were sentenced before Prop 47's passage, but whose judgments were not final, are not entitled to automatic resentencing. |
Criminal Law and Procedure |
|
L. Kruger | Mar. 13, 2018 |
16-50102
|
U.S. v. Aguilar Diaz
District court must reconsider minor-role adjustment, where it erroneously assumed it could only consider defendant's role in drug smuggling in relation to identified individuals, and not against unknown individuals running operations. |
Criminal Law and Procedure |
|
M. Christen | Mar. 12, 2018 |
A146652
|
People v. Mathews
Probationer subject to search condition may not challenge officer's search, though officer was unaware of search condition, where officer would have known of condition but for probationer's dishonesty. |
Criminal Law and Procedure |
|
J. Humes | Mar. 12, 2018 |
B279393
|
People v. Liu
Felon may not avail herself of Prop 47's under-$950 theft crime reductions where defendant stolen credit card information and made fraudulent purchases totaling more than $950. |
Criminal Law and Procedure |
|
E. Grimes | Mar. 12, 2018 |
D073054
|
In re White
Petition for writ ordering court to vacate order denying bail denied where clear, convincing evidence shows substantial likelihood that release of defendant would cause others great bodily harm. |
Criminal Law and Procedure |
|
P. Benke | Mar. 7, 2018 |
S097558
|
People v. Garton
Confrontation clause error falling within meaning of 'Crawford v. Washington' error is harmless beyond reasonable doubt where defendant is not prejudiced by testimonial hearsay. |
Criminal Law and Procedure |
|
G. Liu | Mar. 6, 2018 |
15-10566
|
U.S. v. Adkins
Federal jury instructions that do not include state definition of 'knowingly' are error, but harmless because record was clear as to defendant's guilt. |
Criminal Law and Procedure |
|
D. Nelson | Mar. 6, 2018 |
16-30299
|
U.S. v. Studhorse
Attempted first degree murder conviction is proper basis for deeming defendant violent felon under 18 U.S.C. Section 16. |
Criminal Law and Procedure |
|
M. Smith | Mar. 5, 2018 |
B282911
|
People v. Aledamat
Where trial court allows legally incorrect jury instruction, reversal required unless record shows jury relied on legally sound instruction in reaching its conviction. |
Criminal Law and Procedure |
|
B. Hoffstadt | Mar. 5, 2018 |
S104144
|
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 |
|
M. Cuéllar | Mar. 2, 2018 |
B275509
|
People v. Gutierrez
Felony conviction for unlawfully taking a vehicle reversed and remanded where jury is instructed on invalid legal theory and conviction is not based on valid ground. |
Criminal Law and Procedure |
|
D. Perluss | Mar. 1, 2018 |
A151917
|
People v. Bedrossian
After D.A. does not press charges against arrestee, the waiting period required to petition court for determination of factual innocence does not violate procedural due process |
Criminal Law and Procedure |
|
S. Pollak | Mar. 1, 2018 |
17-50140
|
U.S. v. Campbell
Revocation of supervised release may not be based on violations alleged after release term ends, at least where such alleged violations are factually unrelated to ones raised prior to the term's expiration. |
Criminal Law and Procedure |
|
R. Collins | Mar. 1, 2018 |
16-10310
|
U.S. v. Evans
Supervised release condition inconsistent with 'mens rea' requirement prohibiting criminal activity is unconstitutionally vague and overbroad |
Criminal Law and Procedure |
|
M. Smith | Mar. 1, 2018 |
A150804
|
People v. Arevalo
Permissible for court to reduce good conduct credits to 15 percent of those stipulated at probation, where defendant convicted of violent felony subsequently violates probation. |
Criminal Law and Procedure |
|
J. Humes | Feb. 28, 2018 |
S224564
|
People v. Contreras
'Graham's' proscription on life-without-parole for juvenile nonhomicide offenders requires reconsideration of 50+ year sentences for 16-year-olds convicted of kidnapping and rape. |
Criminal Law and Procedure |
|
G. Liu | Feb. 27, 2018 |
G052920
|
People v. Wolfe
Malice may be implied when murder defendant was subjectively aware driving under the influence of alcohol was dangerous to human life |
Criminal Law and Procedure |
|
E. Moore | Feb. 23, 2018 |
D071383
|
People v. Baker
Mandatory 15-years-to-life prison sentence for oral copulation of six-year-old is not cruel and unusual punishment in violation of state constitution. |
Criminal Law and Procedure |
|
W. Dato | Feb. 23, 2018 |
16-424
|
Class v. U.S.
Judgment finding that guilty plea waives claims challenging constitutionality of statute reversed and remanded where guilty plea, alone, does not bar direct appeal. |
Criminal Law and Procedure |
|
S. Breyer | Feb. 22, 2018 |
15-16400
|
Johnson v. Gill
Mistakenly transferring a defendant from state to federal custody does not automatically convey primary jurisdiction to federal authorities for purposes of prison sentence commencement. |
Criminal Law and Procedure |
|
S. Ikuta | Feb. 21, 2018 |
B279767
|
People v. Hutchinson
Where robber enters home and steals items belonging to parents but also assaults daughter, he may be found guilty of robbery against daughter. |
Criminal Law and Procedure |
|
J. Johnson | Feb. 20, 2018 |