| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E085394
|
Bunker v. Superior Court (People)
Criminal defendant was statutorily entitled to automatic bail review hearing within five days of the original order despite any other circumstances. |
Criminal Law and Procedure |
|
F. Menetrez | Feb. 19, 2025 |
|
A168924
|
Lovelace v. Superior Court (People)
Prosecutor's use of California Court Rule 4.421(c) "circumstances in aggravation" to pursue allegations of defendant's "similar prior conduct," was unconstitutional. |
Criminal Law and Procedure, Constitutional Law |
|
J. Streeter | Feb. 19, 2025 |
|
D084579
|
Bemore v. Superior Court (People)
Under the Racial Justice Act, trial court abused its discretion in appointing Public Defender whose actions diametrically opposed Defendant's goal of appointment of private attorneys. |
Criminal Law and Procedure |
|
T. Do | Feb. 19, 2025 |
|
B332399
|
People v. Lawson
Defendant failed to establish by a preponderance that trial court acted with racial animus in violation of the Racial Justice Act. |
Criminal Law and Procedure |
|
H. Bendix | Feb. 18, 2025 |
|
B330473
|
People v. Lara
Upon resentencing, two attempted murder counts could be redesignated as count of shooting at inhabited dwelling and count of assault with firearm, but uncharged non-target offenses could not be added. |
Criminal Law and Procedure |
|
M. Stratton | Feb. 18, 2025 |
|
B331298
|
In re L.G.
Gun discovered during an illegal search should have been suppressed where police lacked a particularized and objective basis for believing the suspect was breaking the law when they detained him. |
Criminal Law and Procedure |
|
J. Wiley | Feb. 13, 2025 |
|
F087652
|
People v. Taylor
Provocative act doctrine did not support denying resentencing petition where there was no finding the petitioner acted with the requisite mens rea for an implied malice theory of murder. |
Criminal Law and Procedure |
|
J. Detjen | Feb. 13, 2025 |
|
D082662
|
People v. Gonzalez
An unauthorized sentence that was able to be corrected did not warrant a resentencing. |
Criminal Law and Procedure |
|
R. Huffman | Feb. 11, 2025 |
|
E082657
|
People v. Martinez
No violation of criminal defendant's state right to a speedy trial where his claims of prejudice were conclusory and speculative rather than supported by particular facts. |
Criminal Law and Procedure |
|
A. McKinster | Feb. 11, 2025 |
|
23-2288
|
U.S. v. Thompson
Defendant's previous child molestation conviction triggered a 10-year increase to his mandatory minimum sentence for a subsequent child pornography conviction. |
Criminal Law and Procedure |
|
L. VanDyke | Feb. 11, 2025 |
|
E084222
|
People v. Superior Court (Valdez)
Since resentencing petitioner was eligible for youthful offender parole, his initial resentence was not equivalent to life without parole, so he was ineligible for successive Penal Code Section 1170 relief. |
Criminal Law and Procedure |
|
F. Menetrez | Feb. 11, 2025 |
|
H052893
|
Stubblefield v. Superior Court (People)
Following a reversed and vacated conviction, a petitioner was entitled to file a motion for release prior to the remittur being issued. |
Criminal Law and Procedure |
|
M. Greenwood | Feb. 7, 2025 |
|
F087868
|
People v. Chatman
In disagreement with *Hodge*, a trial court's denial of a defendant's request for relief pursuant to Section 1172.1 is an appealable order. |
Criminal Law and Procedure |
|
R. Peña | Feb. 6, 2025 |
|
G064319
|
Modification: People v. Townes
A threat of divine retribution to an indoctrinated victim was sufficient to support a finding of duress required for a forcible rape conviction. |
Criminal Law and Procedure |
|
M. Sanchez | Feb. 6, 2025 |
|
F087787
|
People v. Rosemond
An appeal pursuant to Penal Code Section 1172.1 was found to lack any arguable issues, and following a defendant's failure to raise any such issues, deemed abandoned. |
Criminal Law and Procedure |
|
R. Peña | Feb. 6, 2025 |
|
G064319
|
People v. Townes
A threat of divine retribution to an indoctrinated victim was sufficient to support a finding of duress required for a forcible rape conviction. |
Criminal Law and Procedure |
|
M. Sanchez | Feb. 5, 2025 |
|
B331474
|
People v. Ellis
Defendant's kidnapping conviction for pulling the victim from the sidewalk to the middle of the street required reversal because the asportation element was unmet. |
Criminal Law and Procedure |
|
V. Viramontes | Feb. 5, 2025 |
|
S141519
|
People v. Hin
Trial court abused its discretion in admitting rap song from a CD found in defendant's bedroom during both the guilt and penalty phases. |
Criminal Law and Procedure |
|
G. Liu | Feb. 4, 2025 |
|
B330995
|
People v. Hamilton
Designation of federal felony conviction as equivalent to felony violation of state wobbler offense, resulting in requirement to register as a sex offender for life, did not violate equal protection. |
Criminal Law and Procedure |
|
M. Hanasono | Jan. 31, 2025 |
|
H05166
|
People v. Rogers
A trial court has the authority to strike prior criminal "Strikes" at a Penal Code Section 1172.75 (prison priors) resentencing. |
Criminal Law and Procedure |
|
A. Danner | Jan. 29, 2025 |
|
B335936
|
People v. Martinez
Resentencing petitioner's failure to raise an objection regarding Penal Code Section 1172.6's "same judge" rule was a forfeiture of that argument on appeal. |
Criminal Law and Procedure |
|
H. Bendix | Jan. 29, 2025 |
|
C099785
|
Modification: In re Stephenson on Habeas Corpus
Sexually violent predator's continued commitment despite trial court's conditional release order did not violate Sexual Violent Predator Act. |
Criminal Law and Procedure |
|
S. Boulware Eurie | Jan. 28, 2025 |
|
S281488
|
People v. Lopez
A criminal case in which an appellate court affirmed a conviction but remanded for resentencing was not final and therefore subject to retroactive applicability of ameliorative legislation. |
Criminal Law and Procedure |
|
G. Liu | Jan. 24, 2025 |
|
B331439
|
People v. Villagrana
Criminal appellant could still be convicted of murder where he pled no contest to voluntary manslaughter and was the only person who admitted using a firearm during the offense. |
Criminal Law and Procedure |
|
K. Yegan | Jan. 23, 2025 |
|
23-6573
|
Andrew v. White
Case was remanded where state court allowed for introduction of evidence focusing on defendant's sexual history despite its violation of clearly established Due Process principles. |
Criminal Law and Procedure |
|
P. Curiam (USSC) | Jan. 22, 2025 |
|
22-50239
|
U.S. v. Velazquez
In cases confined to drug importation charges, courts do not abuse their discretion when admitting relevant, probative, not unduly prejudicial evidence of the retail value of narcotics. |
Criminal Law and Procedure, Evidence |
|
J. Selna | Jan. 22, 2025 |
|
G063164
|
Modification: Mendez v. Superior Court (People)
Because defendant was also charged with felonies when found mentally incompetent, Penal Code Section 1370.01 was inapplicable, and trial court did not err in denying dismissal of defendant's misdemeanor case. |
Criminal Law and Procedure |
|
J. Motoike | Jan. 17, 2025 |
|
B335964
|
People v. Bey
Trial court did not abuse its discretion in revoking criminal defendant's pro per status when defendant's behavior disrupted proceeding. |
Criminal Law and Procedure |
|
E. Lui | Jan. 17, 2025 |
|
C099785
|
In re Stephenson on Habeas Corpus
Sexually violent predator's continued commitment despite trial court's conditional release order did not violate Sexual Violent Predator Act. |
Criminal Law and Procedure |
|
S. Boulware Eurie | Jan. 16, 2025 |
|
B334427
|
People v. Superior Court (White)
Trial court erroneously concluded that jury's special circumstance finding regarding felony-murder had no preclusive effect in Penal Code Section 1172.6 resentencing proceedings. |
Criminal Law and Procedure |
|
K. Yegan | Jan. 15, 2025 |
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