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People v. Dynes
Court order denying ex-parte application for Proposition 57 resentencing is unappealable order where court lacks jurisdiction to grant relief pursuant to provision. 		Criminal Law and Procedure 5DCA Feb. 16, 2018
Amended Opinion: Murray v. Schriro
Murderer, who killed victims during armed robbery, could not revisit sanitized crime scene, which his attorney and investigators had already inspected. 		Criminal Law and Procedure 9th Feb. 15, 2018
People v. Guyton
Deprivation of personal liberty element of human trafficking charge supported by substantial evidence where pimp keeps woman isolated, in fear, constantly monitored, and financially dependent. 		Criminal Law and Procedure 4DCA/3 Feb. 15, 2018
People v. Millan
Statutory amendment eliminating certain statutes as bases for sentence enhancement must be applied to benefit defendant sentenced with such enhancements whose case was not yet final when amendments enacted. 		Criminal Law and Procedure 4DCA/1 Feb. 14, 2018
People v. Hendrix
Prosecution of offense not barred by rule prohibiting multiple prosecution where multiple offenses are factually distinct. 		Criminal Law and Procedure 3DCA Feb. 14, 2018
People v. Steward
The application of excess custody credits to postrelease community supervision pursuant to Prop 47 resentencing is governed by generally applicable sentencing procedures 		Criminal Law and Procedure 1DCA/5 Feb. 13, 2018
People v. Baugh
Possessing a normally harmless object may constitute criminal weapon possession when the circumstances of possession demonstrate an immediate atmosphere of danger. 		Criminal Law and Procedure 1DCA/4 Feb. 13, 2018
Modification: In re Webb
Magistrate lacks statutory authority to impose Fourth Amendment waiver condition on pre-trial releasee who posted bail. 		Criminal Law and Procedure 4DCA/1 Feb. 12, 2018
People v. Landaverde
Denial of motion to vacate guilty plea for failure of counsel to state immigration consequences of plea, in violation U.S. Supreme Court precedent, affirmed where case was final before that precedent. 		Criminal Law and Procedure 2DCA/8 Feb. 9, 2018
People v. Acosta
State interest in public safety outweighs the invasion of privacy resulting from a probation condition if the condition is reasonably related to future criminality. 		Criminal Law and Procedure 4DCA/1 Feb. 8, 2018
People v. Hatt
Disqualifying prior convictions in Prop 47 reclassification statute include all such convictions entered before a court renders a final decision on a reclassification petition. 		Criminal Law and Procedure 2DCA/6 Feb. 8, 2018
Earp v. Davis
Denial of motion for further discovery into evidence spoliation claims to support witness intimidation claim affirmed where alleged support is too speculative and weak to support intimidation claim. 		Criminal Law and Procedure 9th Feb. 7, 2018
U.S. v. Laney
Under federal rules of criminal procedure, jury trial waiver must be signed by defendant; if not, record must otherwise show waiver was voluntary, knowing, and intelligent. 		Criminal Law and Procedure 9th Feb. 6, 2018
Amended Opinion: U.S. v. Molinar
Attempted armed robbery is a 'crime of violence' under the U.S. Sentencing Guidelines Manual's enumerated felonies clause. 		Criminal Law and Procedure 9th Feb. 6, 2018
In re Webb
Magistrate lacks statutory authority to impose Fourth Amendment waiver condition on pre-trial releasee who posted bail. 		Criminal Law and Procedure 4DCA/1 Feb. 5, 2018
U.S. v. Watson
Bank robbery using force and violence, or by intimidation, is crime of violence under 18 U.S.C. Section 924(c). 		Criminal Law and Procedure 9th Feb. 2, 2018
U.S. v. Walton
Second-degree robbery under CPC 211 does not qualify as a violent felony under the force clause of the Armed Career Criminal Act. 		Criminal Law and Procedure 9th Feb. 2, 2018
People v. Taylor
Conviction affirmed where convicting statute does not contain mandatory presumption but instead defines the elements of the convicting statute 		Criminal Law and Procedure 2DCA/4 Feb. 1, 2018
Modification: People v. Woods
Amendment allowing for sentencing discretion as to previously mandatory firearm enhancement requires remand for defendant sentenced prior to the amendment but whose case is not final. 		Criminal Law and Procedure 3DCA Jan. 31, 2018
People v. Woods
Amendment allowing for sentencing discretion as to previously mandatory firearm enhancement requires remand for defendant sentenced prior to the amendment but whose case is not final. 		Criminal Law and Procedure 3DCA Jan. 29, 2018
In re Humphrey
Court must consider financial circumstances of defendant, and potentially effective alternatives to money bail, before setting bail amount. 		Criminal Law and Procedure 1DCA/2 Jan. 29, 2018
People v. Williams
In considering whether a resentencing petition under Section 1170.126 poses an unreasonable risk of danger, the court must look to when the petitioner would be released if the petition were granted. 		Criminal Law and Procedure 3DCA Jan. 29, 2018
People v. Martinez
Gang enhancement reversed where no evidence supports expert opinion that defendant was associate of gang in absence of inadmissible testimonial and non-testimonial hearsay. 		Criminal Law and Procedure 4DCA/2 Jan. 25, 2018
District of Columbia v. Wesby
Probable cause to arrest for unlawful entry exists where, under the totality of the circumstances, a reasonable officer would conclude a suspect knew they were on the premises without permission. 		Criminal Law and Procedure USSC Jan. 23, 2018
People v. Huynh
Expert testimony regarding conduct of particular conduct is not subject to exclusion on hearsay grounds where such testimony is permissible background testimony. 		Criminal Law and Procedure 6DCA Jan. 23, 2018
U.S. v. Espinoza
Retrial necessary where court excluded evidence inculpating third-party based on incorrect standard. 		Criminal Law and Procedure 9th Jan. 23, 2018
People v. Robbins
Court does not err in failing to instruct jury on heat of passion voluntary manslaughter where ordinary, sober person of average disposition would not have acted rashly in response to actions of victim. 		Criminal Law and Procedure 4DCA/2 Jan. 22, 2018
People v. Arevalo
Imposing a probation condition which limits certain constitutional rights is proper if reasonably necessary to both rehabilitate the probationer, and protect public safety. 		Criminal Law and Procedure 4DCA/3 Jan. 19, 2018
People v. Mullins
Permitted access of customer to her account while using card at a bank ATM constitutes constructive possession of funds for purposes of the robbery statute. 		Criminal Law and Procedure 3DCA Jan. 18, 2018
People v. Ovieda
Community caretaker exception to warrant requirement applies where officer entered home of reportedly suicidal man to ensure safety of persons inside. 		Criminal Law and Procedure 2DCA/6 Jan. 18, 2018
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