| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B264807
|
People v. Arendtsz
Penal Code Section 1016.5 motion to vacate nolo contendere plea for felony sexual battery properly denied where defendant was twice advised of adverse immigration consequences of plea. |
Criminal Law and Procedure |
|
May 20, 2016 | |
|
G051058
|
Center for Biological Diversity et al. v. County of San Bernardino et al. (Cadiz Inc. et al.)
Environmental groups unsuccessful in challenging, via petition for writ of mandate, approval of project to pump fresh groundwater from Mojave Desert aquifer. |
Environmental Law |
|
May 20, 2016 | |
|
S233678
|
People v. Yount
Could defendant use a petition for recall of sentence under Penal Code section 1170.18 to request the trial court to reduce his prior felony conviction for transportation of a controlled substance to a misdemeanor in light of the amendment to Health and Safety Code section 11379 effected by Proposition 47? |
|
May 20, 2016 | ||
|
S234278
|
Melchner v. Gonzalez-Melchner
Order |
|
May 20, 2016 | ||
|
S233950
|
Franco v. S.C. (People)
Order |
|
May 20, 2016 | ||
|
S233596
|
People v. Ferguson
Was defendant eligible for resentencing on the penalty enhancement for committing a new felony while released on bail on a drug offense after the superior court had reclassified the conviction for the drug offense as a misdemeanor under the provisions of Proposition 47? |
|
May 20, 2016 | ||
|
S233806
|
People v. Kelm
Is a defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court has reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47? |
|
May 20, 2016 | ||
|
S233815
|
People v. McPherson
Is a defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court has reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47? |
|
May 20, 2016 | ||
|
S233345
|
People v. Mejia
Does Proposition 47 ("the Safe Neighborhoods and Schools Act"), which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, § 490.2), apply to theft of access card information in violation of Penal Code section 484e, subdivision (d)? |
|
May 20, 2016 | ||
|
S233213
|
People v. Meraz
Does the Three Strikes Reform Act of 2012, which reduces punishment for certain nonviolent third-strike offenders, apply retroactively to a defendant who was sentenced before the Act's effective date but whose judgment was not final until after that date? |
|
May 20, 2016 | ||
|
S233304
|
People v. Moor
Was defendant's Sixth Amendment right to confrontation violated by the gang expert's reliance on testimonial hearsay (Crawford v. Washington (2004))? |
|
May 20, 2016 | ||
|
S233317
|
People v. Mora
Does Proposition 47, which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, § 490.2), apply to theft of access card information in violation of Penal Code section 484e(d)? |
|
May 20, 2016 | ||
|
A144218
|
Hetzel v. Hennessy Industries Inc.
Summary judgment in favor of manufacturer of brake arcing machines reversed where machines inevitably caused release of asbestos dust when used as intended. |
Torts |
|
May 19, 2016 | |
|
A143344
|
People v. Deegan
Homeless man's separate punishment arising out of an incident at Golden Gate Park is proper under multiple-victim exception to Penal Code Section 654. |
Criminal Law and Procedure |
|
May 19, 2016 | |
|
D069439
|
Sciarratta v. U.S. Bank National Association
Reversal of dismissal results where homeowner foreclosed on by one purporting to exercise rights under void assignment suffers sufficient prejudice to assert wrongful foreclosure. |
Real Property |
|
May 19, 2016 | |
|
14-30231
|
U.S. v. Tadios
Estimated value of time CEO of federally-funded health care clinic spent visiting her husband, which should have been reported as annual leave, properly included in loss calculation. |
Criminal Law and Procedure |
|
May 19, 2016 | |
|
13-71583
|
Del Cid Marroquin v. Lynch
Petitioner's removal to El Salvador did not render his petition for review moot despite his ineligibility for admission due to California convictions. |
Immigration |
|
May 19, 2016 | |
|
F067666
|
People v. McEntire
Sufficient evidence supports violent felony enhancement based on finding nonparticipant was present during commission of burglary where nonparticipant sees intruder but flees before he enters. |
Criminal Law and Procedure |
|
May 18, 2016 | |
|
G050468
|
Conservatorship of Bower
In conservatorship case, order dividing married couple's community property overturned where probate court erroneously equated professional fees with support and maintenance of conservatee spouse. |
Conservatorship |
|
May 18, 2016 | |
|
15-774
|
Burwell v. Dordt College
Order |
|
May 18, 2016 | ||
|
15-775
|
Dept. of H&HS v. CNS Int'l Ministries
Order |
|
May 18, 2016 | ||
|
15-812
|
University of Notre Dame v. Burwell
Order |
|
May 18, 2016 | ||
|
15-1003
|
Diocese of Fort Wayne-South Bend v. Burwell
Order |
|
May 18, 2016 | ||
|
15-1004
|
Grace Schools v. Burwell
Order |
|
May 18, 2016 | ||
|
15-834
|
University of Dallas v. Burwell
Order |
|
May 18, 2016 | ||
|
14-50509
|
U.S. v. Quintero-Leyva
Defendant successfully obtains re-sentencing on importation of methamphetamine conviction to allow for retroactive application of amendment to minor role reduction under federal sentencing guidelines. |
Criminal Law and Procedure |
|
May 18, 2016 | |
|
A145625
|
In re Johnson
In light of 'People v. Chiu,' defendant's conviction for first degree premeditated murder based on natural and probable consequences theory of aiding and abetting vacated. |
Criminal Law and Procedure |
|
May 18, 2016 | |
|
B264637
|
People v. Vasquez
Trial court lacks authority to vacate completed sentence on prior felony conviction that qualified for redesignation as a misdemeanor under Proposition 47. |
Criminal Law and Procedure |
|
May 18, 2016 | |
|
15-338
|
Sheriff v. Gillie
Special counsel's use of Ohio Attorney General's letterhead to collect state-owed debts does not run afoul of the Fair Debt Collection Practices Act. |
Consumer Law |
|
May 17, 2016 | |
|
13-1339
|
Spokeo Inc. v. Robins
Failure to consider both concreteness and particularization when analyzing injury-in-fact for Article III standing results in vacated judgment and remand. |
Constitutional Law |
|
May 17, 2016 |
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