Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B302061
|
People v. Byers
Possession of pornography properly admitted to show defendant's motive or intent in committing sexual assault and it was not outweighed by undue prejudice. |
Criminal Law and Procedure |
|
M. Tangeman | Mar. 2, 2021 |
B296856
|
People v. Foster
Evidence of defendant shooting into group of men where there was no indication that defendant had primary target was sufficient to establish attempted murder. |
Criminal Law and Procedure |
|
R. Federman | Mar. 2, 2021 |
D076500
|
In re Kavanaugh
Parole regulations implemented under Proposition 57 were constitutional and did not conflict with Article I, Section 32 of California Constitution's guarantee of parole consideration. |
Criminal Law and Procedure |
|
J. McConnell | Mar. 1, 2021 |
C087289
|
People v. Lyon
Defendant's conviction for recording confidential communications was proper because prostitutes have an expectation of privacy in their communications during sexual encounters at a client's residence. |
Criminal Law and Procedure |
|
E. Duarte | Feb. 26, 2021 |
E073176
|
People v. Blanco
Conviction for bringing controlled substance into penal institution under Penal Code Section 4573 reversed because omitting usable amount element from jury instructions was prejudicial error. |
Criminal Law and Procedure |
|
D. Miller | Feb. 26, 2021 |
A160437
|
People v. Freeman
Petitioner not entitled to 'People v. Wende' review, because appeal was not first appeal of right from judgment of criminal conviction. |
Criminal Law and Procedure |
|
A. Tucher | Feb. 24, 2021 |
19-16591
|
U.S. v. Olson
District court properly denied defendant's 28 U.S.C. Section 2255 motion seeking to vacate his sentence under claim of ineffective assistance of counsel because right to counsel had not yet attached. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Feb. 23, 2021 |
C089228
|
People v. Figueras
'Wende' procedure does not apply to appeal from order denying postconviction petition seeking relief pursuant to Penal Code Section 1170.95. |
Criminal Law and Procedure |
|
V. Raye | Feb. 23, 2021 |
20-50248
|
U.S. v. Repp
Because defendant's motion was not a final or appealable collateral order, there was no jurisdiction over his appeal. |
Criminal Law and Procedure |
|
R. Tallman | Feb. 19, 2021 |
B305359
|
People v. Flores
Substantial evidence supported trial court's conclusion that defendant's suspicious ducking and crouching actions meant a 'Terry' stop was proper. |
Criminal Law and Procedure |
|
J. Wiley | Feb. 18, 2021 |
D076917
|
People v. Rodriguez
Petitioner entitled to relief under Penal Code Section 1473.7 since it had not been established that he meaningfully understood he would become deportable due to plea. |
Criminal Law and Procedure |
|
J. McConnell | Feb. 18, 2021 |
H043029
|
People v. Dryden
Trial court abused its discretion by admitting an earlier uncharged and dissimilar act that defendant's state of mind could not reasonably be inferred from. |
Criminal Law and Procedure |
|
A. Grover | Feb. 18, 2021 |
B300410
|
People v. Harris
Trial court improperly engaged in factfinding without issuing order to show cause and holding an evidentiary hearing pursuant to Penal Code Section 1170.95. |
Criminal Law and Procedure |
|
D. Perluss | Feb. 17, 2021 |
D076712
|
People v. Marrero
Trial court's restitution order covering travel expenses was reversed because it failed to provide defendant adequate notice that travel expenses were at issue after explicitly limiting hearing to attorney's fees. |
Criminal Law and Procedure |
|
P. Guerrero | Feb. 16, 2021 |
19-30222
|
U.S. v. Gonzalez-Valencia
District court erred in dismissing indictment charging illegal reentry after removal in violation of 8 U.S.C. Section 1326. |
Criminal Law and Procedure |
|
M. Bennett | Feb. 16, 2021 |
B303213
|
People v. Kidane
There was sufficient evidence supporting defendant's gross vehicular manslaughter while intoxicated conviction because he drove erratically, had dilated pupils, and expert testimony attested to level of THC in his system. |
Criminal Law and Procedure |
|
E. Grimes | Feb. 12, 2021 |
19-30225
|
U.S. v. Woodberry
District court did not err in its jury instructions for defendant's Hobbs Act robbery charge. |
Criminal Law and Procedure |
|
R. Gould | Feb. 12, 2021 |
A157980
|
People v. Duchine
Trial court erroneously decided that petitioner could theoretically have been found guilty of murder that remains valid under S.B. 1437, because prosecutor must prove that beyond a reasonable doubt. |
Criminal Law and Procedure |
|
T. Stewart | Feb. 10, 2021 |
A156932
|
Modification: People v. Quinn
Assembly Bill No. 1950 applied retroactively and reduced defendant's probation from three years to two years. |
Criminal Law and Procedure |
|
D. Aafedt | Feb. 9, 2021 |
E073965
|
People v. Clements
Trial judge properly relied on petitioner's prior appellate opinion in deciding whether petitioner was eligible for relief under Penal Code Section 1170.95. |
Criminal Law and Procedure |
|
M. Slough | Feb. 8, 2021 |
E074136
|
People v. Harris
Because defendant was convicted of attempted murder and voluntary manslaughter, and not murder, defendant was not eligible for relief under Penal Code Section 1170.95. |
Criminal Law and Procedure |
|
F. Menetrez | Feb. 5, 2021 |
F076883
|
People v. Collins
Although prosecutor cited prospective juror's criminal history as race-neutral basis to excuse her, prosecutor's failure to ask her any meaningful questions about that experience raised inference of discrimination. |
Criminal Law and Procedure |
|
M. Snauffer | Feb. 4, 2021 |
G058891
|
Modification: People v. Lipptrapp
Defendant's motion contained sufficient information for him to gain access to 'Franklin' evidence preservation proceeding. |
Criminal Law and Procedure |
|
K. O'Leary | Feb. 4, 2021 |
S170280
|
People v. Baker
A juror's reservations about imposing the death penalty are an acceptable race-neutral basis for exercising a peremptory challenge. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Feb. 2, 2021 |
S040704
|
People v. Johnsen
Venue change was not required for defendant's heinous crimes because nature and gravity of offenses are not dispositive by themselves. |
Criminal Law and Procedure |
|
G. Liu | Feb. 2, 2021 |
S155160
|
Amended Opinion: People v. Ramirez
Death penalty judgment was upheld because trial court's instruction under CALCRIM No. 521, modified by Penal Code Section 189 did not amount to error. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Feb. 1, 2021 |
S155160
|
People v. Ramirez
Death penalty judgment was upheld because trial court's instruction under CALCRIM No. 521, modified by Penal Code Section 189 did not amount to error. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Jan. 29, 2021 |
C091845
|
People v. Ramirez
Review pursuant to 'People v. Wende' was denied because appeal from denial of motion to vacate plea was not defendant's first appeal of right. |
Criminal Law and Procedure |
|
H. Hull | Jan. 28, 2021 |
A157283
|
People v. Williams
Trial judge's participation in questioning of prosecution's fingerprint expert by repeatedly interrupting defense's cross-examination constituted prejudicial misconduct. |
Criminal Law and Procedure |
|
I. Petrou | Jan. 28, 2021 |
19-56475
|
Lewis v. U.S.
New criminal procedure rule derived from 'United States v. Hill' did not apply retroactively petitioner's collateral attack on his court-martial conviction. |
Criminal Law and Procedure |
|
D. O'Scannlain | Jan. 26, 2021 |