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Modification: People v. Moore
Penal Code Section 3051(h) does not violate equal protection because there is a legitimate government purpose of addressing recidivism.
Criminal Law and Procedure 2DCA/2 Sep. 23, 2021
People v. Chavez
An expert's testimony that the victim's leg would 'probably not' fully recover was sufficient to support a finding that the leg was permanently injured.
Criminal Law and Procedure 2DCA/6 Sep. 23, 2021
U.S. v. Wilson
Viewing attachments forwarded by Google's automated child pornography detection system was an unlawful search that exceeded the private search exception.
Criminal Law and Procedure 9th Sep. 22, 2021
People v. Brown
Rejecting the prior rule, a trial court has the authority to deny a continuance lacking good cause even if the denial may foreseeably result in a dismissal of the case.
Criminal Law and Procedure 6DCA Sep. 22, 2021
People v. Silas
A juror was improperly dismissed based on her answers to questions about the Black Lives Matter movement.
Criminal Law and Procedure 1DCA/1 Sep. 20, 2021
Modification: People v. Roberts
Using DNA sample from defendant who was validly arrested for felony on probable cause but never formally charged does not violate constitutional rights.
Criminal Law and Procedure 3DCA Sep. 20, 2021
People v. Barboza
When a trial court had struck a jury's special circumstance enhancement findings, those findings could not be used to preclude a resentencing hearing.
Criminal Law and Procedure 4DCA/3 Sep. 17, 2021
People v. Eynon
Defendant's admission that he was liable for murder under then-existing felony murder law did not preclude him from a rehearing when felony murder laws were amended.
Criminal Law and Procedure 4DCA/2 Sep. 17, 2021
People v. Montoya
In an ineffective counsel inquiry, counsel has some discretion to determine if a defense is viable and whether to bring that defense to the attention of a defendant.
Criminal Law and Procedure 5DCA Sep. 17, 2021
U.S. v. Schaefer
After a defendant had previously waived his right to counsel, the district court properly denied defendant's request to reappoint counsel after the jury had been impaneled.
Criminal Law and Procedure 9th Sep. 17, 2021
Cooper v. Newsom
District attorneys' appeal to intervene as defendants was not moot because California's execution protocol could reasonably be expected to start up again.
Criminal Law and Procedure 9th Sep. 17, 2021
Bolin v. Davis
A defendant was properly denied federal habeas relief because a reasonable jurist could conclude that defendant had effective counsel.
Criminal Law and Procedure 9th Sep. 16, 2021
Coston v. Nangalama
Because a prison's doctor failed to follow mandatory policy regarding narcotic medication, the doctor was not entitled to a jury instruction of deference towards the doctor.
Criminal Law and Procedure 9th Sep. 16, 2021
People v. Lopez-Vinck
Although defendant was several feet away when he brandished a knife, a reasonably jury could find that defendant engaged in an act that was likely to cause injury.
Criminal Law and Procedure 4DCA/1 Sep. 16, 2021
People v. Moore
Penal Code Section 3051(h) does not violate equal protection because there is a legitimate government purpose of addressing recidivism.
Criminal Law and Procedure 2DCA/2 Sep. 14, 2021
People v. Bharth
There was no confrontational right violation when the court allowed a victim suffering from trauma to turn her chair away from defendant to complete the victim's testimony.
Criminal Law and Procedure 3DCA Sep. 14, 2021
People v. Haro
Because a defendant did not have fair notice, the trial court erred in imposing a 20-kilogram weight enhancement that was not pleaded.
Criminal Law and Procedure 4DCA/1 Sep. 13, 2021
People v. Henderson
A belief that the criminal-justice system is unfair to African-Americans is an insufficient basis to disqualify a juror unless other evidence shows that the juror will have difficulty being impartial.
Criminal Law and Procedure 3DCA Sep. 13, 2021
Jurado v. Davis
A videotape proffered by defendant purportedly showing his remorse was properly excluded because there was no substantial evidence of trustworthiness or reliability.
Criminal Law and Procedure 9th Sep. 13, 2021
Ervin v. Davis
Rejecting defendant's claim of racially-motivated peremptory strikes was unreasonable because the district court ignored relevant factors.
Criminal Law and Procedure 9th Sep. 13, 2021
Chavez v. Robinson
Because defendant's statements were not used against him in a criminal case, defendant could not bring a civil action for damages against the government.
Criminal Law and Procedure 9th Sep. 9, 2021
U.S. v. Green
When defendant visited a pornographic website, he violated the terms of his supervised released that forbade him from patronizing any place where sexually explicit materials are the primary material available.
Criminal Law and Procedure 9th Sep. 9, 2021
Modification: People v. Perez
Superior court has discretionary authority, after considering totality of circumstances, to deem to Penal Code Section 1473.7 motion timely even if moving party did not act with reasonable diligence.
Criminal Law and Procedure 5DCA Sep. 9, 2021
People v. Rodriguez
Criminal defendants are only eligible for mental health diversion until they are convicted or plead guilty.
Criminal Law and Procedure 4DCA/1 Sep. 7, 2021
U.S. v. Juliano
Counsel's failure to anticipate legislation that reduced minimum sentences was not objectively unreasonable given that it was unclear whether it would become law at time of defendant's sentencing.
Criminal Law and Procedure 9th Sep. 7, 2021
People v. Grabham
Dual convictions of Vehicle Code Sections 23152(a) and 23152(b) prohibiting driving under the influence are 'both possible and proper.'
Criminal Law and Procedure 1DCA/4 Sep. 3, 2021
Modification: In re Friend
Proposition 66's new restrictions on presentation of habeas corpus claims in 'successive' petitions apply only to those claims that were or could have been raised in earlier petition, not on newly available claims.
Criminal Law and Procedure CASC Sep. 3, 2021
In re Moore
Defendant's age is a relevant factor in determining whether defendant acted with reckless indifference to human life.
Criminal Law and Procedure 1DCA/3 Sep. 2, 2021
People v. Rodriguez
Penal Code Section 1473.7 does not bar defendants from moving to vacate a past conviction at a time when they are in custody for another, unrelated conviction.
Criminal Law and Procedure 1DCA/2 Sep. 1, 2021
People v. Saxton
Defendant who was convicted of both misdemeanor exempt from Assembly Bill 1950's probation term limits and nonexempt felony can be ordered to serve term of formal probation specified by exempt misdemeanor.
Criminal Law and Procedure 2DCA/6 Sep. 1, 2021