| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S234155
|
People v. Reyes
Can excess custody credits be used to reduce or eliminate the one-year parole period required by Penal Code Section 1170.18, subdivision (d), upon resentencing under Proposition 47? |
|
Jun. 10, 2016 | ||
|
S233774
|
People v. Sanchez
Order |
|
Jun. 10, 2016 | ||
|
S234275
|
People v. Sauls
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)? |
|
Jun. 10, 2016 | ||
|
S234150
|
People v. Solis
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? |
|
Jun. 10, 2016 | ||
|
S233883
|
Wilde (David Sachio) on H.C.
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? |
|
Jun. 10, 2016 | ||
|
S233431
|
Fabricant v. S.C. (People)
Order |
|
Jun. 10, 2016 | ||
|
S234078
|
People v. Cisneros
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? |
|
Jun. 10, 2016 | ||
|
S234168
|
People v. Florez
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)? |
|
Jun. 10, 2016 | ||
|
S234270
|
People v. Gonzalez
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)? |
|
Jun. 10, 2016 | ||
|
S234072
|
People v. Hall
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? |
|
Jun. 10, 2016 | ||
|
S234049
|
People v. Brown
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? |
|
Jun. 9, 2016 | ||
|
S233737
|
People v. Helm
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)? |
|
Jun. 9, 2016 | ||
|
S234180
|
People v. Hill
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)? |
|
Jun. 9, 2016 | ||
|
S234075
|
People v. Keeney
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? |
|
Jun. 9, 2016 | ||
|
S234196
|
People v. King
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? |
|
Jun. 9, 2016 | ||
|
15-5040
|
Williams v. Pennsylvania
Judge's recusal required where judge's prior involvement in case as state district attorney who approved of death penalty carried impermissible risk of actual bias against defendant. |
Criminal Law and Procedure |
|
Jun. 9, 2016 | |
|
15-458
|
Dietz v. Bouldin
District court properly exercised its limited inherent power to rescind jury discharge order and recall jury in this run-of-the-mill civil case to correct easily identified and fixable mistake. |
Civil Procedure |
|
Jun. 9, 2016 | |
|
15-108
|
Commonwealth of Puerto Rico v. Valle
Puerto Rico cannot avail of dual-sovereign doctrine that would have allowed successive prosecution of illegal firearms sale that violated Puerto Rico Arms Act and analogous U.S. gun trafficking statutes. |
Criminal Law and Procedure |
|
Jun. 9, 2016 | |
|
G051812
|
People v. Montgomery
'Prior conviction' rendering applicant ineligible for redesignation of felony to misdemeanor under Proposition 47 is conviction that occurs prior to filing of application for redesignation. |
Criminal Law and Procedure |
|
Jun. 9, 2016 | |
|
S233582
|
People v. Arredondo
Did law enforcement violate the Fourth Amendment by taking a warrantless blood sample from defendant while he was unconscious, or was the search and seizure valid because defendant expressly consented to chemical testing when he applied for a driver's license (see Veh. Code, Section 13384) or because defendant was "deemed to have given his consent" under California's implied consent law (Veh. Code, Section 23612)? Did the People forfeit their claim that defendant expressly consented? If the warrantless blood sample was unreasonable, does the good faith exception to the exclusionary rule apply |
|
Jun. 9, 2016 | ||
|
S233898
|
H. (T.) v. Novartis Pharmaceuticals Corporation
May the brand name manufacturer of a pharmaceutical drug that divested all ownership interest in the drug be held liable for injuries caused years later by another manufacturer's generic version of that drug? |
|
Jun. 9, 2016 | ||
|
S233526
|
Sweetwater Union School District v. Gilbane Building Company
(1) Is testimony given in a criminal case by persons who are not parties in a subsequent civil action admissible in that action to oppose a special motion to strike? (2) Is such testimony subject to the conditions in Evidence Code section 1290 et seq. for receiving former testimony in evidence? |
|
Jun. 9, 2016 | ||
|
S234284
|
People v. Aguayo
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? |
|
Jun. 9, 2016 | ||
|
S234160
|
People v. Barnes
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)? |
|
Jun. 9, 2016 | ||
|
S234322
|
People v. Bolander
Can excess custody credits be used to reduce or eliminate the one-year parole period required by Penal Code Section 1170.18, subdivision (d), upon resentencing under Proposition 47? |
|
Jun. 9, 2016 | ||
|
15-16021
|
Jamul Action Committee v. Chaudhuri
Approval of gaming ordinance does not require environmental review under NEPA where irreconcilable statutory conflict existed between NEPA and Indian Gaming Regulatory Act. |
Native American Affairs |
|
Jun. 9, 2016 | |
|
14-60017
|
DeNoce v. Neff (In re Neff)
Dentist may discharge of state court judgment despite allegation of fraudulent transfer because transfer occurred more than one year from chapter 7 bankruptcy filing. |
Bankruptcy |
|
Jun. 9, 2016 | |
|
14-55263
|
Yamada v. Nobel Biocare Holding AG
Judicial efficiency eclipsed defendant's fundamental right to inspect and challenge documents supporting fee award, requiring vacatur and remand of award. |
Torts |
|
Jun. 9, 2016 | |
|
13-17603
|
Sifuentes v. Brazelton
Convicted murderer not entitled to habeas relief where California appellate court's rejection of 'Batson' claims were not objectively unreasonable under doubly-deferential standard of review. |
Criminal Law and Procedure |
|
Jun. 9, 2016 | |
|
10-56971
|
Peruta v. County of San Diego
Counties in California that require concealed carry weapon applicants to demonstrate 'good cause' do not violate constitution where Second Amendment does not guarantee members of the general public the right to carry concealed weapons in public. |
Constitutional Law |
|
Jun. 9, 2016 |