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Name Category Published
People v. Tacardon
Officer smelling and seeing marijuana in vehicle supplied reasonable suspicion defendant may have been unlawfully transporting the substance. 		Criminal Law and Procedure 3DCA Aug. 11, 2020
People v. Morales
Evidence of planning, motive, manner of killing, taken together, was sufficient to support jury's finding that defendant committed premeditated and deliberate murders. 		Criminal Law and Procedure CASC Aug. 11, 2020
People v. Duong
Defendant's decision not to testify was knowing, intelligent, and voluntary. 		Criminal Law and Procedure CASC Aug. 11, 2020
U.S. v. Fuentes-Galvez
Right to due process requires record to disclose that defendant who pleaded guilty entered his plea understandingly and voluntarily. 		Criminal Law and Procedure 9th Aug. 11, 2020
U.S. v. Oriho
District court's pre-trial repatriation order violated defendant's Fifth Amendment privilege against self-incrimination. 		Criminal Law and Procedure 9th Aug. 11, 2020
U.S. v. Engel
Defendant was not defiant and did not engage in blatantly outrageous conduct; thus, facts did not support district court's termination of his right to represent himself. 		Criminal Law and Procedure 9th Aug. 7, 2020
U.S. v. Bundy
District court's judgment dismissing indictment with prejudice as a remedy for the government's egregious and prejudicial misconduct in violation of 'Brady v. Maryland' was affirmed. 		Criminal Law and Procedure 9th Aug. 7, 2020
People v. Lawson
Witnesses are unavailable when they are absent from the hearing and the proponent of their statement has exercised reasonable diligence, but is unable to compel their attendance. 		Criminal Law and Procedure 1DCA/3 Aug. 6, 2020
People v. Galvan
Proper remedy for challenging special circumstance finding is by petition for habeas corpus, not petition for resentencing under Penal Code Section 1170.95 		Criminal Law and Procedure 2DCA/1 Aug. 6, 2020
People v. Ware
Gang conspiracy conviction was reversed where no evidence was presented on nature of crimes committed by alleged co-conspiring gang members. 		Criminal Law and Procedure 4DCA/1 Aug. 5, 2020
People v. Cole
Procedures set forth in 'People v. Wende' are inapplicable to appeals concerning denial of postconviction relief, regardless of defendants' rights to appointed counsel. 		Criminal Law and Procedure 2DCA/2 Aug. 5, 2020
U.S. v. Kuzma
Defendant's convictions for possession of machinegun and possession of unregistered machinegun were improperly multiplicitous. 		Criminal Law and Procedure 9th Aug. 4, 2020
People v. Brown
Penal Code Section 2933.2 applies to all presentence custody periods served by a defendant who is eventually convicted of a violent felony without regard to timing of each conviction. 		Criminal Law and Procedure 4DCA/1 Aug. 3, 2020
People v. Henderson
Once a suspect has clearly and sufficiently invoked his right to counsel, police may not resume questioning until counsel is provided. 		Criminal Law and Procedure CASC Jul. 31, 2020
People v. King
Trial court lacked discretion to consider sentencing mitigating factors such as mental health and substance abuse problems stemming from military service, because petitioner agreed to stipulated sentence. 		Criminal Law and Procedure 4DCA/1 Jul. 30, 2020
U.S. v. Bocharnikov
Defendant's statements were not sufficiently attenuated from his initial illegal detention and seizure, since the second encounter, was directly linked to the original illegalities. 		Criminal Law and Procedure 9th Jul. 28, 2020
In re Shelton
Board of Parole Hearings considering inmate insight deficiencies must consider whether immutable facts are probative to the inmate's current dangerousness. 		Criminal Law and Procedure 1DCA/2 Jul. 27, 2020
Bynoe v. Baca
District court erred in denying petitioner's Federal Rule of Civil Procedure 60(b)(6) because petitioner satisfied all three requirements for the motion. 		Criminal Law and Procedure 9th Jul. 27, 2020
People v. Hubbard
Prosecutor did not improperly refer to defendant's decision to not testify and therefore was not in violation of 'Griffin v. California.' 		Criminal Law and Procedure 3DCA Jul. 24, 2020
People v. Anderson
Trial court improperly imposed five 25-year-to-life enhancements in connection with counts as to which enhancements had not been alleged. 		Criminal Law and Procedure CASC Jul. 24, 2020
U.S. v. Moran-Garcia
Defendant's conviction was vacated because defendant was caught 6 miles off California coast and therefore, venue was not established. 		Criminal Law and Procedure 9th Jul. 24, 2020
People v. Barton
Juror's disagreement with majority of jury as to what evidence shows, does not constitute refusing to deliberate or grounds for discharge. 		Criminal Law and Procedure 4DCA/1 Jul. 21, 2020
Robinson v. Lewis
A 120 day gap delay between denial of habeas petition in superior court and filing of new petition in Court of Appeal can never render claim that was otherwise presented without substantial delay untimely. 		Criminal Law and Procedure CASC Jul. 21, 2020
People v. Financial Casualty & Surety, Inc.
Failure to hold evidentiary hearing in compliance with Penal Code Section 1166 does not exonerate bond by operation of law. 		Criminal Law and Procedure 4DCA/2 Jul. 20, 2020
United States v. Luong
U.S. Sentencing Guidelines provides that defendant may admit factual guilt but go to trial to challenge applicability of statute to his conduct. 		Criminal Law and Procedure 9th Jul. 20, 2020
United States v. Obagi
Despite trial court's efforts to craft proper remedy, failure to disclose cooperating witness's immunity deal undermined confidence in jury's verdict and prejudiced defendants. 		Criminal Law and Procedure 9th Jul. 20, 2020
People v. Arias
Defendant's claim was reviewable on appeal because an appeal may be taken from a sentence imposed under the resentencing provisions of Penal Code Section 1170(d)(1) without need for a certificate of probable cause. 		Criminal Law and Procedure 1DCA/1 Jul. 17, 2020
People v. Bowen
Police officer's request to ping defendant's cell phone to find his location without warrant did not violate Fourth Amendment because exigent circumstances existed. 		Criminal Law and Procedure 1DCA/3 Jul. 16, 2020
People v. Hishmeh
Trial court errs if it instructs jury 'not to consider' lesser included offenses until jury acquits defendant of greater offense. 		Criminal Law and Procedure 4DCA/3 Jul. 15, 2020
People v. Gomez
Petition under Penal Code Section 1170.95 unsupported by the record of conviction may be summarily denied without a hearing. 		Criminal Law and Procedure 4DCA/1 Jul. 15, 2020
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