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People v. Rodriguez
Defendant was not just getaway driver in single episode, he was major participant in conspiracy to commit series of robberies.
Criminal Law and Procedure 3DCA Jul. 21, 2021
People v. Pineda
Defendant was entitled to judicial determination as to whether his conduct is proscribed by special-circumstances statute before his Penal Code Section 1170.95 petition may be denied.
Criminal Law and Procedure 6DCA Jul. 21, 2021
Noguera v. Davis
Jury was properly instructed on financial-gain special circumstance.
Criminal Law and Procedure 9th Jul. 21, 2021
People v. Pinedo
Defendant was entitled to have his 'narcotics offender' registration struck under plain language of the newly enacted Assembly Bill No. 1261.
Criminal Law and Procedure 5DCA Jul. 19, 2021
People v. Mount
Application to designate felony conviction as misdemeanor on behalf of deceased defendant is moot where there is no showing that granting petition would provide any effective relief.
Criminal Law and Procedure 1DCA/1 Jul. 19, 2021
United States v. Williams
Term by which Washington offense is punishable is limited by upper bound of its mandatory guidelines range.
Criminal Law and Procedure 9th Jul. 19, 2021
United States v. Valdez-Lopez
District court did not act vindictively in resentencing defendant to longer term of imprisonment where it granted defendant's motion to vacate his conviction, and where two sentences were imposed by different judges.
Criminal Law and Procedure 9th Jul. 19, 2021
People v. Lopez
Trial counsel failed to provide defendant with accurate and affirmative advice about immigration consequences of his plea agreement.
Criminal Law and Procedure 4DCA/3 Jul. 16, 2021
People v. Dworak
There was no prosecutorial misconduct when prosecutor used hyperbolic language to describe defendant's expert witness at closing arguments.
Criminal Law and Procedure CASC Jul. 16, 2021
People v. Potter
'Miranda' advisements were not required for defendant who voluntarily went to police station to take polygraph examination, was told he was free to leave, and was not arrested after confessing.
Criminal Law and Procedure 3DCA Jul. 15, 2021
People v. Stewart
'Romero' motion cannot be used to bypass Penal Code Section 1170.91 determinate sentence requirement.
Criminal Law and Procedure 4DCA/2 Jul. 13, 2021
U.S. v. Minasyan
Where defendant had adequate opportunity to contest loss amount at sentencing hearing, plea is not involuntary.
Criminal Law and Procedure 9th Jul. 12, 2021
Modification: People v. Sanchez
Evidence was insufficient to support conviction for possession of controlled substance while armed with firearm because firearm was not available for immediate defensive or offensive use.
Criminal Law and Procedure 6DCA Jul. 8, 2021
People v. Dominguez
Gang member lunging at rivals while reaching for apparent weapon coupled with 'where you from' constituted substantial evidence from which jury could find objective provocation for heat of passion.
Criminal Law and Procedure 4DCA/1 Jul. 7, 2021
People v. Clayton
Jury's unanimous rejection of felony-murder special-circumstance allegation establishes petitioner's entitlement to relief under Penal Code Section 1170.95 as matter of law.
Criminal Law and Procedure 2DCA/2 Jul. 7, 2021
People v. Sanchez
Evidence was insufficient to support conviction for possession of controlled substance while armed with firearm because firearm was not available for immediate defensive or offensive use.
Criminal Law and Procedure 6DCA Jul. 6, 2021
People v. Grandpierre
In awarding restitution, trial court did not abuse its discretion by calculating loss to company notwithstanding company owner's efforts to make up lost work hours for company.
Criminal Law and Procedure 2DCA/8 Jul. 6, 2021
Dunn v. Reeves
In denying habeas relief, state court reasonably found that lack of evidence about counsel's decisions not to hire expert to evaluate petitioner impeded petitioner's ineffective assistance of counsel claim.
Criminal Law and Procedure USSC Jul. 6, 2021
U.S. v. Keller
Administrative exhaustion is mandatory before seeking compassionate release under 18. U.S.C. Section 3582(c)(1)(A)(i) and must be enforced when properly raised by government.
Criminal Law and Procedure 9th Jul. 2, 2021
People v. Valencia
Facts concerning particular events and participants alleged to have been involved in predicate offenses constitute case-specific facts that must be proved by independently admissible evidence.
Criminal Law and Procedure CASC Jul. 2, 2021
People v. Battle
Admission of defendant's statements regarding sword collection did not create undue prejudice because murder weapon was a knife, and statements were brief and in passing.
Criminal Law and Procedure CASC Jul. 2, 2021
People v. Gonzales
There was no ex post facto violation when trial court vacated murder conviction under Penal Code Section 1170.95 and redesignated defendant's conviction to battery.
Criminal Law and Procedure 2DCA/4 Jul. 1, 2021
Medina v. Superior Court (People)
Petitioner was denied treatment to which he was legally entitled--and the ability to accrue time toward the maximum commitment period--because providers of services had not fulfilled their obligations.
Criminal Law and Procedure 4DCA/3 Jul. 1, 2021
People v. Gonsalves
Defendant's probation condition forbidding him from associating with persons known to him to have 'criminal record' is impermissibly vague because it may include record of arrest resulting in no charge or conviction.
Criminal Law and Procedure 1DCA/3 Jul. 1, 2021
People v. Presley
Defendant's commitment as sexually violent predator was not erroneous because experts' testimony drew on multiple sources of information, not solely case-specific facts.
Criminal Law and Procedure 3DCA Jun. 30, 2021
People v. Bradley
Evidence relevant to 'People v. Clark' factors was sufficient to establish that defendant's acted with reckless indifference to human life required for felony-murder conviction.
Criminal Law and Procedure 1DCA/1 Jun. 29, 2021
Modification: Schumb v. Superior Court (People)
Trial court abused its discretion in denying defendant's motion to disqualify Santa Clara County District Attorney's Office from prosecuting his case because of his friendship with elected District Attorney.
Criminal Law and Procedure 6DCA Jun. 29, 2021
People v. Ruggerio
A judgment imposing but suspending execution of a sentence is not final for purposes of S.B. 136 retroactivity.
Criminal Law and Procedure 2DCA/6 Jun. 29, 2021
Lombardo v. St. Louis
Appellate court described as 'insignificant' facts that appear potentially important in ruling that officers did not apply unconstitutionally excessive force.
Criminal Law and Procedure USSC Jun. 29, 2021
Jones v. Ryan
Defense counsel provided ineffective assistance by failing to secure defense mental expert given indications defendant likely suffered from some sort of mental illness.
Criminal Law and Procedure 9th Jun. 29, 2021