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Name Category Published
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 Apr. 28, 2017
People v. Elder
Imposition of multiple victim enhancement in connection with deadly DUI case runs afoul of general prohibition against multiple punishments for same act. 		Criminal Law and Procedure Apr. 27, 2017
People v. Vela
Proposition 57 applies retroactively to minor involved in gang-related killing and directly tried as adult, requiring reversal and remand for juvenile transfer hearing. 		Criminal Law and Procedure Apr. 26, 2017
People v. Sanford
Teenager found in suspected getaway car involved in jewelry heist obtains reversal of robbery conviction where no other evidence linked him to the crime. 		Criminal Law and Procedure Apr. 26, 2017
P. v. Costella
Arson conviction affirmed, where there is sufficient evidence that land that burned was "forest land" within meaning of arson statute. 		Criminal Law and Procedure Apr. 25, 2017
In re Kirchner
Penal Code Section 1170(d)(2), which allows minor defendants sentenced to life without parole to petition for resentencing, does not meet review requirements established in 'Miller v. Alabama.' 		Criminal Law and Procedure Apr. 25, 2017
People v. Mendoza
Defendant, a minor tried as an adult, unsuccessful in obtaining relief where Proposition 57 does not apply retroactively. 		Criminal Law and Procedure Apr. 24, 2017
In re B.M.
Trial court correctly finds that common butter knife used by defendant is deadly weapon within meaning of Penal Code Section 245(a)(1). 		Criminal Law and Procedure Apr. 24, 2017
People v. Valdez
Petition for recall of sentence under Proposition 36 properly denied, where defendant is 'armed' with weapon even though weapon is not in his possession at time it is discovered. 		Criminal Law and Procedure Apr. 24, 2017
People v. Superior Court (Rodas)
Trial court exceeds jurisdiction in granting defendant's motion to withdraw no contest plea, where defendant moves to withdraw plea beyond period allowed in statute. 		Criminal Law and Procedure Apr. 24, 2017
U.S. v. Fryberg
Return of service proving defendant had notice of a domestic violence hearing regarding him rightly deemed admissible under the public record exception to hearsay. 		Criminal Law and Procedure Apr. 24, 2017
People v. Wismer
Juror's experiment comparing other juror's reaction to false accusation of wrongdoing to defendant's reaction to accusations constitutes misconduct requiring reversal of convictions. 		Criminal Law and Procedure Apr. 24, 2017
U.S. v. Rivera-Muniz
California's manslaughter statute matches generic definition of manslaughter and is therefore categorically a crime of violence under United States Sentencing Guidelines. 		Criminal Law and Procedure Apr. 21, 2017
In re Edward B.
Where no evidence shows ward's relationship to gang activity or gangs, probation condition forbidding his association with known gang members is improper. 		Criminal Law and Procedure Apr. 21, 2017
Manrique v. United States
Failure to file second notice of appeal after entry of amended judgment constitutes forfeiture of claim under Federal Rule of Appellate Procedure 4. 		Criminal Law and Procedure Apr. 20, 2017
People v. Armijo
Where defendant makes clear in letter to court that he wishes to replace an ineffective court-appointed attorney, court's decision not to hold hearing addressing request was in error. 		Criminal Law and Procedure Apr. 20, 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 Apr. 19, 2017
People v. Antonio
Sentencing judge is not required to order Department of Corrections and Rehabilitation to make prisoner available to foreign jurisdiction to serve concurrent sentence. 		Criminal Law and Procedure Apr. 19, 2017
People v. Becerrada
Lying-in-wait circumstance in error, as evidence does not support theory that defendant knew victim would not drop rape charges against him before calling her to his house where he attacked her. 		Criminal Law and Procedure Apr. 18, 2017
In re Trejo
Youth offender's incarceration may not be extended beyond time he is found suitable for parole under Penal Code Section 3051 based on his commission of in-prison offense. 		Criminal Law and Procedure Apr. 17, 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 Apr. 17, 2017
United States v. Davis
Sex crime charge presented to grand jury requiring knowledge of victim's age later presented to trial jury as requiring mere opportunity to observe victim's age is reversible constructive amendment. 		Criminal Law and Procedure Apr. 17, 2017
People v. Paz
Penetration past the buttocks and into the perianal area is threshold for sexual penetration requirement of forcible sodomy, as statutory definition of object penetration applies to sodomy. 		Criminal Law and Procedure Apr. 17, 2017
Hedlund v. Ryan
Reversal of district court's denial of petitioner's writ of habeas corpus required due to Arizona Supreme Court's unconstitutional application of 'causal nexus' test. 		Criminal Law and Procedure Apr. 14, 2017
People v. Bechtol
Vehicle Code Section 41403 merely establishes procedural rules for prior conviction challenge, does not independently authorize ineffective assistance of counsel challenge to prior DUI conviction. 		Criminal Law and Procedure Apr. 14, 2017
In re Rhoades
Improper grant of relief in prisoner's favor on habeas petition due to failure to hold evidentiary hearing on disputed factual issues results in reversal and remand. 		Criminal Law and Procedure Apr. 13, 2017
Inland Counties Regional Center v. Superior Court (Barajas)
Inland Counties Regional Center not in contempt for failing to perform court-ordered placement evaluation where defendant had not yet been found to have developmental disability. 		Criminal Law and Procedure Apr. 12, 2017
People v. Douglas
Failure to consider prosecutor's sexual-orientation-based reason for excusing potential jurors results in remand so that court can apply proper 'mixed-motive' analysis. 		Criminal Law and Procedure Apr. 12, 2017
U.S. v. Crooked Arm
Defendants fail to overturn reimposition of felony sentences for convictions for violating Migratory Bird Treaty Act under 'law of the case.' 		Criminal Law and Procedure Apr. 12, 2017
People v. Sharpe
Restitution award improper where trial court used both truck's fair market value and costs of repair in calculating award, resulting in windfall to victim. 		Criminal Law and Procedure Apr. 11, 2017
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