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People v. Lopez
May law enforcement officers conduct a search incident to the authority to arrest for a minor traffic offense, so long as a custodial arrest (even for an unrelated crime) follows? Did Riley v. California (2014) require the exclusion of evidence obtained during the warrantless search of the suspect's cell phone incident to arrest, or did the search fall within the good faith exception to the exclusionary rule (see Davis v. United States (2011)) in light of People v. Diaz (2011)?
Nov. 13, 2015
People v. Nava
Is a total term of imprisonment of 50 years to life for murder committed by a 16-year-old offender the functional equivalent of life without possibility of parole by denying the offender a meaningful opportunity for release on parole? If so, does the sentence violate the Eighth Amendment absent consideration of the mitigating factors for juvenile offenders set forth in Miller v. Alabama (2012)? Senate Bill 260, render moot any claim that such a sentence violates the Eighth Amendment?
Nov. 13, 2015
People v. Poor
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, § 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, § 1170.126)?
Nov. 13, 2015
People v. Smith
Order
Nov. 13, 2015
People v. Diaz
Is a total term of imprisonment of 50 years to life for murder committed by a 16-year-old offender the functional equivalent of life without possibility of parole by denying the offender a meaningful opportunity for release on parole? If so, does the sentence violate the Eighth Amendment absent consideration of the mitigating factors for juvenile offenders set forth in Miller v. Alabama (2012)? Did Senate Bill 260 render moot any claim that such a sentence violates the Eighth Amendment?
Nov. 13, 2015
People v. Goethe
Was defendant's Sixth Amendment right to confrontation violated by the gang expert's reliance on testimonial hearsay (Crawford v. Washington (2004) 541 U.S. 36)?
Nov. 13, 2015
People v. Grewell
Does the Safe Neighborhood and Schools Act [Proposition 47] which made specified crimes misdemeanors rather than felonies, apply retroactively to a defendant who was sentenced before the Act's effective date but whose judgment was not final until after that date?
Nov. 13, 2015
Eno v. Jewell
Order
Administrative Agencies Nov. 13, 2015
Pollinator Stewardship Council v. U.S. EPA
EPA's approval of insecticide containing sulfoxaflor vacated and remanded to agency, as underlying studies are flawed and no additional studies were submitted.
Environmental Law Nov. 13, 2015
Jones v. Davis
Claim that excessive delay in imposing death penalty violates Eighth Amendment is barred because it asks court to apply novel constitutional issue.
Criminal Law and Procedure Nov. 13, 2015
People v. Endicott
(1) Are probation conditions prohibiting defendant from: (a) "owning, possessing or having in his custody or control any handgun, rifle, shotgun or any firearm whatsoever or any weapon that can be concealed on his person"; and (b) "using or possessing or having in his custody or control any illegal drugs, narcotics, narcotics paraphernalia without a prescription," unconstitutionally vague? (2) Is an explicit knowledge requirement constitutionally mandated?
Nov. 13, 2015
People v. Nilsson
Aggravated white collar crime enhancement improperly imposed where prosecutor failed to plead two felonies were related.
Criminal Law and Procedure Nov. 13, 2015
People v. Gonzales
Grandson ineligible to reclassify felony conviction to misdemeanor shoplifting where his theft of grandmother's checks does not meet 'nonconsensual taking' element of larceny.
Criminal Law and Procedure Nov. 13, 2015
People v. Villasenor
Continuing interrogation after defendant invokes right to remain silent violates 'Miranda,' but overwhelming evidence of guilt renders error harmless.
Criminal Law and Procedure Nov. 13, 2015
People v. Carson
May law enforcement officers conduct a search incident to the authority to arrest for a minor traffic offense, so long as a custodial arrest (even for an unrelated crime) follows? Did Riley v. California (2014) require the exclusion of evidence obtained during the warrantless search of the suspect's cell phone incident to arrest, or did the search fall within the good faith exception to the exclusionary rule (see Davis v. United States (2011)) in light of People v. Diaz (2011)?
Nov. 13, 2015
Marriage of Bonvino
If property is acquired during marriage with both separate and community funds, transmutation requirements must be satisfied before reimbursement provisions apply.
Family Law Nov. 12, 2015
In re Albert C.
Where trial court considers (and rejects) developmental immaturity as potential basis for juvenile's incompetence, there is no misapplication of an adult competence standard.
Juveniles Nov. 12, 2015
Roos v. Honeywell International Inc.
Trial court erroneously finds objectors lacked standing to object to class action settlement but error does not warrant reversal of settlement approval.
Consumer Law Nov. 12, 2015
In re Kadence P.
Juvenile court must consider Indian ancestry pursuant to Indian Child Welfare Act, although substantial evidence supported jurisdictional finding over infant.
Dependency Nov. 11, 2015
Public Integrity Alliance v. City of Tucson
City of Tucson's 'hybrid system' for selecting city council members violates the Equal Protection Clause.
Civil Rights Nov. 11, 2015
Jumaane v. City of Los Angeles
Los Angeles Firefighter's race discrimination, harassment, and retaliation case against the City overturned following $1 million jury verdict.
Employment Law Nov. 11, 2015
People v. Garness
Receiving a stolen motor vehicle in violation of Cal. Penal Code Section 496d is not among offenses reduced to a misdemeanor by Proposition 47.
Criminal Law and Procedure Nov. 10, 2015
Pickens v. Aldaba
Order
Nov. 10, 2015
Mullenix v. Luna
Officer entitled to qualified immunity during high speed car chase resulting man's death, where officer shot at vehicle before it went through spike strips, but after man relayed lethal threats.
Civil Rights Nov. 10, 2015
Zapien v. Martel
California state prisoner fails to challenge destruction of audio tape recording of defense's strategy on due process grounds.
Criminal Law and Procedure Nov. 10, 2015
U.S. v. Falcon
Congress' elimination of all statutes of limitations on actions to recover on defaulted federally-guaranteed loans does not result in denial of due process.
Education Nov. 10, 2015
People v. Hoffman
Teen who forged parents' checks to support heroin addiction must be resentenced under Proposition 47, although total value of stolen checks exceeded $950 threshold.
Criminal Law and Procedure Nov. 9, 2015
People v. Buycks
Proposition 47 applies to on-bail enhancements (where defendant commits felony while on bail for earlier felony); where primary offense is reduced to a misdemeanor, on-bail enhancement cannot be applied.
Criminal Law and Procedure Nov. 9, 2015
AIDS Healthcare etc. v. State Dept. Health Care etc.
AIDS Healthcare Foundation's failure to exhaust administrative remedies bars its petition for writ of mandamus.
Administrative Agencies Nov. 9, 2015
People v. Farwell
Reversal not justified where entire record reveals defendant knowingly and voluntarily entered into stipulation although advisement of his constitutional rights was not contemporaneous with stipulation.
Criminal Law and Procedure Nov. 9, 2015