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Tibble v. Edison International
Complaint that breach of duty claims were dismissed due to statute of limitations not forfeited, as argument articulated on both district and appellate level.
Civil Procedure Dec. 18, 2016
Zapien v. Martel
California state prisoner fails to challenge destruction of audio tape recording of defense's strategy on due process grounds.
Criminal Law and Procedure Dec. 18, 2016
People v. Nachbar
Did the trial court err by imposing an "electronics search condition" on the juvenile as a condition of his probation when that condition had no relationship to the crimes he committed but was justified on appeal as reasonably related to future criminality under People v. Olguin (2008) 45 Cal.4th 375 because it would facilitate the juvenile's supervision?
Dec. 16, 2016
People v. Olguin
Does Proposition 47 ("the Safe Neighborhoods and Schools Act"), which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, section 490.2), apply to theft of access card information in violation of Penal Code section 484e, subdivision (d)?
Dec. 16, 2016
In Re D.A.
Did the trial court err by refusing to order the expungement of a juvenile's DNA record after his qualifying felony conviction was reduced to a misdemeanor under Proposition 47 (Pen. Code section 1170.18)?
Dec. 16, 2016
In Re T.H.
Did the trial court err by refusing to order the expungement of a juvenile's DNA record after his qualifying felony conviction was reduced to a misdemeanor under Proposition 47 (Pen. Code section 1170.18)?
Dec. 16, 2016
People v. Ramos
Does Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to the offense of unlawful taking or driving a vehicle (Veh. Code, section 10851), because it is a lesser included offense of Penal Code section 487, subdivision (d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18?
Dec. 16, 2016
People v. Lavis
Does Proposition 47 ("the Safe Neighborhoods and Schools Act"), which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, section 490.2), apply to theft of access card information in violation of Penal Code section 484e, subdivision (d)?
Dec. 16, 2016
People v. Martin
Does the Safe Neighborhood and Schools Act [Proposition 47] (Gen. Elec. (Nov. 4, 2014)), which made specified crimes misdemeanors rather than felonies, apply retroactively to a defendant who was sentenced before the Act's effective date but whose judgment was not final until after that date?
Dec. 16, 2016
People v. Pridemore
Does the Safe Neighborhood and Schools Act [Proposition 47] (Gen. Elec. (Nov. 4, 2014)), which made specified crimes misdemeanors rather than felonies, apply retroactively to a defendant who was sentenced before the Act's effective date but whose judgment was not final until after that date?
Dec. 16, 2016
People v. Evans
Does Proposition 47 ("the Safe Neighborhoods and Schools Act"), which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, section 490.2), apply to theft of access card information in violation of Penal Code section 484e, subdivision (d)?
Dec. 15, 2016
People v. Forney
Are the conditions of probation mandated by Penal Code section 1203.067, subdivision (b), for persons convicted of specified felony sex offenses — including waiver of the privilege against self-incrimination, required participation in polygraph examinations, and waiver of the psychotherapist–patient privilege — constitutional?
Dec. 15, 2016
People v. Gomez
Did the trial court improperly rely on the facts of counts dismissed under a plea agreement to find defendant ineligible for resentencing under the provisions of Proposition 36?
Dec. 15, 2016
People v. Roberson
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, section 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply retroactively to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, section 1170.126)?
Dec. 15, 2016
People v. Rubio
Is defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court had reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47?
Dec. 15, 2016
People v. Wells
Is defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court had reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47?
Dec. 15, 2016
People v. Wilson
Does Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to the offense of unlawful taking or driving a vehicle (Veh. Code, section 10851), because it is a lesser included offense of Penal Code section 487, subdivision (d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18?
Dec. 15, 2016
People v. Ashley
Does Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to the offense of unlawful taking or driving a vehicle (Veh. Code, section 10851), because it is a lesser included offense of Penal Code section 487, subdivision (d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18?
Dec. 15, 2016
People v. Aune
Did the Court of Appeal err in upholding the trial court's denial of defendants' Batson/Wheeler motions?
Dec. 15, 2016
People v. Dekraai
Recusal of entire prosecutorial office upheld where office's conflict of interest with sheriff's department prevents it from fairly prosecuting defendant's penalty phase.
Criminal Law and Procedure Dec. 15, 2016
People v. Byers
Error in excluding evidence regarding whether officers complied with knock-and-announce rule is harmless since violation of rule does not warrant suppression of evidence.
Criminal Law and Procedure Dec. 15, 2016
In re E.G.
Sentence reduction available to juveniles on probation convicted of felony wobblers despite fact that enabling statute uses language inconsistent with juvenile law.
Juveniles Dec. 15, 2016
Turner v. U.S.
Order
Dec. 15, 2016
Overton v. U.S.
Order
Dec. 15, 2016
Lee v. U.S.
Order
Dec. 15, 2016
TC Heartland LLC v. Kraft Food Brands Group LLC
Order
Dec. 15, 2016
People v. Rodas
Did the trial court violate defendant's right to due process by failing to suspend proceedings after his attorney declared a doubt as to his competence?
Dec. 15, 2016
People v. Evans
Offender obtains relief under 'In re Estrada' involving sentencing enhancement based on felony drug conviction that had been reclassified a misdemeanor under Prop. 47.
Criminal Law and Procedure Dec. 15, 2016
Raceway Ford Cases
Automobile dealership's practice of backdating finance contracts with customers does not violate Automobile Sales Finance Act.
Consumer Law Dec. 15, 2016
Orange Citizens for Parks and Recreation v. S.C. (Milan Rei IV)
Listing of property as 'open space' in city's general plan invalidates 1973 decision to designate property as 'low density,' as clerical error resulted in failure to ever update city records of change.
Government Dec. 15, 2016