| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D082304
|
People v. Ellis
Admission of propensity evidence of uncharged acts and instructing jury accordingly was not error where trial court conducted the analysis required by Evidence Code Section 352 pretrial. |
Criminal Law and Procedure, Evidence |
|
J. Castillo | Oct. 2, 2024 |
|
22-50287
|
U.S. v. Patterson
A hate crime motivation enhancement required a finding beyond a reasonable doubt of defendant's animus toward a protected category as the motivation for targeting the victim. |
Criminal Law and Procedure |
|
A. Tashima | Oct. 2, 2024 |
|
22-50023
|
U.S. v. Solakyan
Honest-services mail fraud extends to the doctor-patient relationship and encompasses schemes that deprive patients of their intangible right to honest services by their physicians. |
Criminal Law and Procedure |
|
G. Sanchez | Oct. 1, 2024 |
|
A167964
|
People v. Briscoe
Penal Code Section 3051 violated equal protection as applied to defendant's challenge to life without parole sentence for special circumstance murder. |
Criminal Law and Procedure |
|
D. Douglas | Sep. 27, 2024 |
|
F086151
|
People v. Gallegos
Petitioner who pled no contest to voluntary manslaughter after imputed malice theories of murder had been statutorily eliminated was ineligible for resentencing relief. |
Criminal Law and Procedure |
|
J. Detjen | Sep. 27, 2024 |
|
A168129
|
People v. Hersom
A defendant who was absent on the second day of jury selection was found to be voluntarily absent and therefore denied a new trial. |
Criminal Law and Procedure |
|
J. Humes | Sep. 27, 2024 |
|
B332566
|
People v. Mason
Overturning *People v. Hardy*, appellate court ruled that defendant's life without possibility of parole sentence could not be doubled under the Three Strikes Law, Penal Code Section 667(e)(1). |
Criminal Law and Procedure |
|
E. Lui | Sep. 26, 2024 |
|
C098684
|
People v. Zavala
Testimony provided by defendant during a probation hearing was admissible for a resentencing hearing under Penal Code 1172.6. |
Criminal Law and Procedure |
|
R. Wiseman | Sep. 26, 2024 |
|
G064127
|
People v. Reid
Strangling a domestic partner such that normal breathing or blood flow was impeded constituted a "traumatic condition" under the Penal Code. |
Criminal Law and Procedure |
|
E. Moore | Sep. 26, 2024 |
|
23-55120
|
Martell v. Cole
Defendant's guilty plea to resisting arrest did not preclude his civil excessive force claim where his guilty plea did not specify which acts of resistance were the basis for the plea. |
Civil Rights, Criminal Law and Procedure |
|
W. Fletcher | Sep. 24, 2024 |
|
D084179
|
People v. Gallardo
Trial court erroneously denied felony murder resentencing petition where it relied only on the prosecution's proffer and did not actually review the record of conviction. |
Criminal Law and Procedure |
|
J. McConnell | Sep. 24, 2024 |
|
B325796
|
People v. Hughey
Because defendants' movement of employees to small safe room less than 40 feet was not "merely incidental" to defendants' robbery, simple kidnapping conviction was affirmed. |
Criminal Law and Procedure |
|
A. Gilbert | Sep. 23, 2024 |
|
G062071
|
People v. Kelly
Record of conviction with finding that defendant intended to kill but lacking a finding that defendant actually assisted the killer did not render him ineligible for felony murder resentencing. |
Criminal Law and Procedure |
|
W. Bedsworth | Sep. 20, 2024 |
|
B334060
|
Vaughn v. Superior Court (People)
Defendant was suitable for mental health diversion despite his minimal effort in the evaluation process. |
Criminal Law and Procedure |
|
G. Martinez | Sep. 19, 2024 |
|
A169080
|
People v. Valle
Officers did not violate Fourth Amendment by calling for canine unit before initiating traffic stop where dog arrived and alerted before initiating officer had finished writing the traffic ticket. |
Criminal Law and Procedure |
|
P. Siggins | Sep. 19, 2024 |
|
D083424
|
People v. Martinez
The Penal Code prohibits convicting a defendant of individual child molestation counts and continuous sexual abuse of a child for the same period. |
Criminal Law and Procedure |
|
D. Rubin | Sep. 19, 2024 |
|
A169804
|
Cole v. Superior Court (People)
Because a rational basis existed for the statutory differences among the civil commitment statutes, individual with developmental disability's equal protection rights were not implicated. |
Criminal Law and Procedure |
|
A. Tucher | Sep. 16, 2024 |
|
F085868
|
Review granted: People v. Williams
Trial court's denial of defendant's Penal Code Section 1172.6 resentencing request based on review of preliminary hearing transcripts and plea colloquy was improper. |
Criminal Law and Procedure |
|
Sep. 16, 2024 | |
|
D081878
|
Review granted: People v. Meno
A sentence for lesser included necessary offense to a larger conviction could stand provided a defendant was not also sentenced for the greater offense. |
Criminal Law and Procedure |
|
J. Kelety | Sep. 16, 2024 |
|
23-281
|
U.S. v. Avendano-Soto
*Montoya*'s pronouncement requirement was met where district court ensured defendant reviewed and understood presentencing report which incorporated probation requirements. |
Criminal Law and Procedure |
|
M. Bennett | Sep. 13, 2024 |
|
23-329
|
U.S. v. Brewster
No clear error in finding criminal defendant's flight put at least one motorist at substantial risk of serious bodily injury and applying sentencing enhancement based on dashcam video. |
Criminal Law and Procedure |
|
M. Bennett | Sep. 13, 2024 |
|
C098000
|
People v. Ingram
Defendant-appellant seeking release under Sexually Violent Predator Act failed to meet his burden of proof where expert testimony showed he was not cured and presented an above-average risk of reoffending. |
Criminal Law and Procedure |
|
L. Earl | Sep. 13, 2024 |
|
23-972
|
U.S. v. Shen Zhen New World I, LLC
For the bribe-giver, it is sufficient to demonstrate a requisite intent to influence an official rather than an agreement for quid pro quo for a conviction on federal bribery charges. |
Criminal Law and Procedure |
|
G. Sanchez | Sep. 12, 2024 |
|
C097565
|
Modification: People v. Brannon-Thompson
At a Section 1172.75 resentencing, the Penal Code does not require aggravating factors to be found true beyond a reasonable doubt if the upper term was previously imposed. |
Criminal Law and Procedure |
|
Sep. 11, 2024 | |
|
22-99008
|
Frye v. Broomfield
Habeas relief was unavailable from a federal court after a state court had already adjudicated a shackling claim on the merits and its determination of harmlessness was not objectively unreasonable. |
Criminal Law and Procedure |
|
M. Murguia | Sep. 11, 2024 |
|
G062749
|
People v. Hall
Because defendants' movement of victim around the house was incidental to robbing the victim, convictions for simple kidnapping were reversed. |
Criminal Law and Procedure |
|
M. Sanchez | Sep. 10, 2024 |
|
G062596
|
People v. Ruiz
Trial court erred in calculating defendant's 15-year incarceration requirement for Penal Code Section 1170(d) resentencing by calculating from the sentencing date rather than the incarceration date. |
Criminal Law and Procedure |
|
E. Moore | Sep. 9, 2024 |
|
23-15624
|
Rodney v. Garrett
Habeas corpus petitioner could not establish substantial ineffective-assistance-of-counsel claims because there was no reasonable probability the result of his trial would have been different but for his counsel's alleged errors. |
Criminal Law and Procedure |
|
R. Marquez | Sep. 9, 2024 |
|
D083970
|
In re Montgomery
A petitioner must have an ongoing Racial Justice Act action in order to file a motion for discovery relating to a violation of the act. |
Criminal Law and Procedure |
|
J. Irion | Sep. 9, 2024 |
|
F087367
|
In re Brown
Three Strikes exclusion under Elderly Parole Program applies to prisoners convicted and sentenced under the Three Strikes law even if they had already begun serving a prison sentence. |
Criminal Law and Procedure |
|
H. Levy | Sep. 6, 2024 |
For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com