| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S233678
|
People v. Yount
Could defendant use a petition for recall of sentence under Penal Code section 1170.18 to request the trial court to reduce his prior felony conviction for transportation of a controlled substance to a misdemeanor in light of the amendment to Health and Safety Code section 11379 effected by Proposition 47? |
|
May 20, 2016 | ||
|
S234278
|
Melchner v. Gonzalez-Melchner
Order |
|
May 20, 2016 | ||
|
S233950
|
Franco v. S.C. (People)
Order |
|
May 20, 2016 | ||
|
S233596
|
People v. Ferguson
Was defendant eligible for resentencing on the penalty enhancement for committing a new felony while released on bail on a drug offense after the superior court had reclassified the conviction for the drug offense as a misdemeanor under the provisions of Proposition 47? |
|
May 20, 2016 | ||
|
S233806
|
People v. Kelm
Is a defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court has reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47? |
|
May 20, 2016 | ||
|
S233815
|
People v. McPherson
Is a defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court has reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47? |
|
May 20, 2016 | ||
|
S233345
|
People v. Mejia
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, § 490.2), apply to theft of access card information in violation of Penal Code section 484e, subdivision (d)? |
|
May 20, 2016 | ||
|
S233213
|
People v. Meraz
Does the Three Strikes Reform Act of 2012, which reduces punishment for certain nonviolent third-strike offenders, apply retroactively to a defendant who was sentenced before the Act's effective date but whose judgment was not final until after that date? |
|
May 20, 2016 | ||
|
S233304
|
People v. Moor
Was defendant's Sixth Amendment right to confrontation violated by the gang expert's reliance on testimonial hearsay (Crawford v. Washington (2004))? |
|
May 20, 2016 | ||
|
S233317
|
People v. Mora
Does Proposition 47, which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, § 490.2), apply to theft of access card information in violation of Penal Code section 484e(d)? |
|
May 20, 2016 | ||
|
A144218
|
Hetzel v. Hennessy Industries Inc.
Summary judgment in favor of manufacturer of brake arcing machines reversed where machines inevitably caused release of asbestos dust when used as intended. |
Torts |
|
May 19, 2016 | |
|
A143344
|
People v. Deegan
Homeless man's separate punishment arising out of an incident at Golden Gate Park is proper under multiple-victim exception to Penal Code Section 654. |
Criminal Law and Procedure |
|
May 19, 2016 | |
|
D069439
|
Sciarratta v. U.S. Bank National Association
Reversal of dismissal results where homeowner foreclosed on by one purporting to exercise rights under void assignment suffers sufficient prejudice to assert wrongful foreclosure. |
Real Property |
|
May 19, 2016 | |
|
14-30231
|
U.S. v. Tadios
Estimated value of time CEO of federally-funded health care clinic spent visiting her husband, which should have been reported as annual leave, properly included in loss calculation. |
Criminal Law and Procedure |
|
May 19, 2016 | |
|
13-71583
|
Del Cid Marroquin v. Lynch
Petitioner's removal to El Salvador did not render his petition for review moot despite his ineligibility for admission due to California convictions. |
Immigration |
|
May 19, 2016 | |
|
F067666
|
People v. McEntire
Sufficient evidence supports violent felony enhancement based on finding nonparticipant was present during commission of burglary where nonparticipant sees intruder but flees before he enters. |
Criminal Law and Procedure |
|
May 18, 2016 | |
|
G050468
|
Conservatorship of Bower
In conservatorship case, order dividing married couple's community property overturned where probate court erroneously equated professional fees with support and maintenance of conservatee spouse. |
Conservatorship |
|
May 18, 2016 | |
|
15-774
|
Burwell v. Dordt College
Order |
|
May 18, 2016 | ||
|
15-775
|
Dept. of H&HS v. CNS Int'l Ministries
Order |
|
May 18, 2016 | ||
|
15-812
|
University of Notre Dame v. Burwell
Order |
|
May 18, 2016 | ||
|
15-1003
|
Diocese of Fort Wayne-South Bend v. Burwell
Order |
|
May 18, 2016 | ||
|
15-1004
|
Grace Schools v. Burwell
Order |
|
May 18, 2016 | ||
|
15-834
|
University of Dallas v. Burwell
Order |
|
May 18, 2016 | ||
|
14-50509
|
U.S. v. Quintero-Leyva
Defendant successfully obtains re-sentencing on importation of methamphetamine conviction to allow for retroactive application of amendment to minor role reduction under federal sentencing guidelines. |
Criminal Law and Procedure |
|
May 18, 2016 | |
|
A145625
|
In re Johnson
In light of 'People v. Chiu,' defendant's conviction for first degree premeditated murder based on natural and probable consequences theory of aiding and abetting vacated. |
Criminal Law and Procedure |
|
May 18, 2016 | |
|
B264637
|
People v. Vasquez
Trial court lacks authority to vacate completed sentence on prior felony conviction that qualified for redesignation as a misdemeanor under Proposition 47. |
Criminal Law and Procedure |
|
May 18, 2016 | |
|
15-338
|
Sheriff v. Gillie
Special counsel's use of Ohio Attorney General's letterhead to collect state-owed debts does not run afoul of the Fair Debt Collection Practices Act. |
Consumer Law |
|
May 17, 2016 | |
|
13-1339
|
Spokeo Inc. v. Robins
Failure to consider both concreteness and particularization when analyzing injury-in-fact for Article III standing results in vacated judgment and remand. |
Constitutional Law |
|
May 17, 2016 | |
|
15-145
|
Husky International Electronics Inc. v. Ritz
Debtor may not discharge debts obtained by 'actual fraud,' which encompass debtor's fraudulent intercompany-transfer scheme, though he made no false representations to creditor. |
Bankruptcy |
|
May 17, 2016 | |
|
14-1132
|
Merrill Lynch, Pierce, Fenner and Smith Inc. v. Manning
Shareholders successful in winning remand to state court following clarification of jurisdictional test under Section 27 of Securities and Exchange Act. |
Securities |
|
May 17, 2016 |
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