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People v. Patterson
Receipt of statutory advisement regarding possible adverse immigration consequences of criminal conviction does not categorically bar defendant from seeking to withdraw plea.
Criminal Law and Procedure May 30, 2017
People v. Martinez
Hit-and-run driver does not have to pay direct victim restitution where he was never found responsible for accident that resulted in victim's traumatic brain injury.
Criminal Law and Procedure May 26, 2017
People v. Pou
Motion to suppress drug evidence seized pursuant to warrantless entry and search of home properly denied based on emergency aid exception to warrant requirement.
Criminal Law and Procedure May 24, 2017
People v. Cervantes
Defendant's motion to suppress drug evidence found in his vehicle properly denied, where his passenger's status as probationer justifies search.
Criminal Law and Procedure May 22, 2017
People v. Fernandez
Juvenile adjudications may disqualify petitioner from Prop 47 resentencing relief, if conditions in Penal Code Section 667(d) are met.
Criminal Law and Procedure May 22, 2017
People v. Roa
Expert witnesses may not testify to specific facts contained in defendant's medical and police records during sexually violent predator commitment proceeding, as documents not part of record.
Criminal Law and Procedure May 19, 2017
People v. Marquez
Juvenile homicide offender not entitled to procedural changes brought on by passage of Prop. 57, which eliminated 'direct filing' of serious felony cases in adult court.
Criminal Law and Procedure May 18, 2017
People v. Hudson
Appellant unsuccessful in challenging the definition of 'force' that found the momentum of a stolen car satisfied the statutory requirement.
Criminal Law and Procedure May 18, 2017
Davies v. Benov
Waiver provision in plea agreement bars challenge to use of federal funds to incarcerate defendant for conduct that allegedly complied with California's medical marijuana laws.
Criminal Law and Procedure May 18, 2017
People v. Edwards
Defendant unsuccessful in challenging use of suppressed statements during sanity phase of trial to impeach experts on cross-examination.
Criminal Law and Procedure May 17, 2017
People v. Zamora
Defendant's juvenile adjudication for sexual battery is not a prior conviction disqualifying him from misdemeanor sentencing on current drug possession offense under Proposition 47.
Criminal Law and Procedure May 16, 2017
U.S. v. Olson
To secure conviction of misprision of felony, government must prove that defendant knew principal's conduct was a felony.
Criminal Law and Procedure May 16, 2017
In re Campbell
Habeas relief overturned in case involving Orange County Superior Court's hotly-disputed expedited habeas procedure where trial court granted relief without first issuing OSC.
Criminal Law and Procedure May 16, 2017
U.S. v. Brugnara
Pompous pro se defendant fails to overturn convictions related to 2014 art dealings where he failed to show diligence in seeking newly discovered valuation evidence.
Criminal Law and Procedure May 12, 2017
People v. Figueroa
Criminal complaint properly dismissed for violating Penal Code Section 859b's 60-day rule for setting preliminary hearing where defendant's case involved unusual timeline.
Criminal Law and Procedure May 11, 2017
United States v. Thomas
Order
Criminal Law and Procedure May 9, 2017
People v. Arce
Court did not err in declining to impose split sentence for eligible defendant, as resident alien defendant's drug possession conviction required deportation.
Criminal Law and Procedure May 9, 2017
United States v. Liew
Defendant's denial of stealing trade secrets in civil case does not merit criminal conviction for conspiracy to obstruct justice, as denial could be of legal legal liability, not of material facts.
Criminal Law and Procedure May 8, 2017
People v. Salvador
Error in sentencing defendant to consecutive 10-year gang enhancement terms on each of his indeterminate life terms results in vacated enhancements and remand for resentencing.
Criminal Law and Procedure May 8, 2017
People v. Lua
Court's remarks during sentencing suggesting it may not have properly understood scope of its sentencing discretion results in remand for resentencing.
Criminal Law and Procedure May 5, 2017
People v. Slough
Evidence insufficient to support finding that defendant drug dealer personally inflicted great bodily injury on heroin user who injected himself with fatal dose.
Criminal Law and Procedure May 4, 2017
People v. Roa
Expert witnesses may not testify to specific facts contained in defendant's medical and police records during sexually violent predator commitment proceeding, as documents not part of record.
Criminal Law and Procedure May 4, 2017
People v. International Fidelity Insurance Co.
Alleged changed conditions did not materially alter surety's risk that would warrant vacation of forfeiture and exoneration of bond following defendant's failed appearance.
Criminal Law and Procedure May 4, 2017
People v. Bryant
Electronics search condition stricken from offender's term of mandatory supervision where it has no relation to crime of conviction, possessing concealed weapon in vehicle.
Criminal Law and Procedure May 4, 2017
United States v. Rodriguez-Soriano
Defendant who pleaded guilty to felony charge is ineligible for resentencing after Sentencing Guidelines are amended, as district court did not base reduced term of imprisonment on guidelines.
Criminal Law and Procedure May 3, 2017
People v. Lee
Businessman escapes multiple identity theft convictions because he neither used victims' personal identifying information for any unlawful purpose nor used such information without consent.
Criminal Law and Procedure May 3, 2017
Carr v. Superior Court (Dept. of Developmental Services)
Doctor's issuance of competency certification is proper and not an attempt to circumvent state's obligation to place defendant in state hospital where he was never incompetent to begin with.
Criminal Law and Procedure May 2, 2017
U.S. v. Velazquez
District court abuses its discretion in denying defendant's motion to substitute counsel where its inquiry into defendant's allegations regarding attorney's representation was inadequate.
Criminal Law and Procedure May 2, 2017
People v. Brown
Because prosecution's elected factual theory was not supported by substantial evidence, forcible rape and rape in concert convictions must be reversed.
Criminal Law and Procedure May 2, 2017
People v. Guzman
Evidence obtained in alleged violation of eavesdropping statute's exclusionary rule is properly admitted under Proposition 8's Right to Truth-in-Evidence provision of the state Constitution.
Criminal Law and Procedure May 1, 2017