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  • Diego v. Sessions

    Publication Date: 2017-05-26
    Practice Area: Immigration Law | Criminal Law
    Industry: State and Local Government | Federal Government
    Date Filed: 2017-05-26
    Court: 9th Cir.
    Judge: Before: Susan P. Graber, Sandra S. Ikuta, and Andrew D. Hurwitz, Circuit Judges.
    Attorneys: For plaintiff: Alma David (argued), Global Justice Law Group PLLC, Seattle, Washington; Erica Schommer, Rios & Cruz P.S., Seattle, Washington; for Petitioner.
    for defendant: Edward Earl Wiggers (argued) and Jennifer L. Lightbody, Senior Litigation Counsel; Mary Jane Candaux, Assistant Director; Office of Immigration Litigation, United States Department of Justice, Washington, D.C.; for Respondent.
    Case Number: No. 13-72048

    Oregon conviction for attempted sexual abuse of minor under age of 14 qualified as aggravated felony (Ikuta, J.)

  • People v. Martinez

    Publication Date: 2017-05-25
    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-05-25
    Court: Ca. Sup. Ct.
    Judge:
    Attorneys: For plaintiff: Kamala D. Harris and Xavier Becerra, Attorneys General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Steven T. Oetting, Deputy State Solicitor General, Melissa Mandel, Meredith S. White, Lise S. Jacobson and Michael Pulos, Deputy Attorneys General, for Plaintiff and Respondent.
    for defendant: Thomas E. Robertson, under appointment by the Supreme Court, for Defendant and Appellant.
    Case Number:

    Restitution order for conviction of flight from injury accident may not encompass losses incurred in underlying accident (Kruger, J.)

  • People v. Fernandez

    Publication Date: 2017-05-22
    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-05-19
    Court: C.A. 5th
    Judge:
    Attorneys: For plaintiff: Kamala D. Harris and Xavier Becerra, Attorneys General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Ivan P. Marrs, Lewis A. Martinez and Amanda D. Cary, Deputy Attorneys General, for Plaintiff and Respondent.
    for defendant: Rachel Varnell, under appointment by the Court of Appeal, for Defendant and Appellant.
    Case Number: No. F071338

    Penal Code §667(d)(3) criteria must be considered in determining whether juvenile adjudication for sex offense renders offender ineligible for Prop 47 relief (Gomes, Acting P.J.)

  • People v. Cervantes

    Publication Date: 2017-05-19
    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-05-18
    Court: C.A. 4th
    Judge:
    Attorneys: For plaintiff: Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Genevieve Herbert, A. Natasha Cortina and Kristen Kinnaird Chenelia, Deputy Attorneys General, for Plaintiff and Respondent.
    for defendant: David W. Beaudreau, under appointment by the Court of Appeal, for Defendant and Appellant.
    Case Number: No. D069959

    Car passenger's probation search condition authorized search of all areas of passenger compartment within her reach (Haller, J.)

  • People v. Edwards

    Publication Date: 2017-05-17
    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-05-16
    Court: C.A. 6th
    Judge:
    Attorneys: For plaintiff: Attorneys for Plaintiff and Respondent: Kamala D. Harris, Attorney General of California, Gerald A. Engler, Chief Assistant Attorney General, Jeffrey M. Laurence, Senior Assistant Attorney General, Seth K. Schalit, Supervising Deputy Attorney General, Victoria Ratnikova, Deputy Attorney General.
    for defendant: Attorney for Defendant and Appellant: Marcia Rachel Clark, Under Appointment by the Sixth District Appellate Program.
    Case Number: No. H042144

    Accused's illegally obtained inconsistent statements properly used to impeach defense mental health expert during sanity phase of trial (Mihara, J.)

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  • People v. Marquez

    Publication Date: 2017-05-17
    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-05-16
    Court: C.A. 5th
    Judge:
    Attorneys: For plaintiff: Kamala D. Harris, Attorney General, Kathleen A. Kenealy, Acting Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Daniel B. Bernstein, Peter H. Smith, and Stephanie A. Mitchell, Deputy Attorneys General, for Plaintiff and Respondent.
    for defendant: Jerome P. Wallingford, under appointment by the Court of Appeal, for Defendant and Appellant.
    Case Number: No. F070609

    Prop 57 does not apply retroactively (Peña, J.)

  • People v. Hudson

    Publication Date: 2017-05-17
    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-05-16
    Court: C.A. 1st
    Judge:
    Attorneys: For plaintiff: Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Jeffrey M. Laurence, Senior Assistant Attorney General, Bruce M. Slavin and Allan Yannow, Deputy Attorneys General, for Plaintiff and Respondent.
    for defendant: Jonathan Soglin and Kevin King, under appointment by the Court of Appeal, for Defendant and Appellant.
    Case Number: No. A147910

    Victim's attempt to prevent car theft transformed theft into carjacking (Simons, J.)

  • In re Campbell

    Publication Date: 2017-05-16
    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-05-15
    Court: C.A. 4th
    Judge:
    Attorneys: For plaintiff: Tony Rackauckas, District Attorney, David R. Gallivan, Deputy District Attorney, for Plaintiff and Appellant.
    for defendant: Paul J. Katz, under appointment by the Court of Appeal, for Defendant and Respondent.
    Case Number: No. G052575

    Trial court erred in granting habeas petition without first issuing order to show cause (O'Leary, P.J.)

  • In re A.V.

    Publication Date: 2017-05-15
    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-05-12
    Court: C.A. 1st
    Judge:
    Attorneys: For plaintiff: Kathleen A. Kenealy, Acting Attorney General, Gerald A. Engler and Jeffrey M. Laurence, Assistant Attorneys General, Donna M. Provenzano and Christina Vom Saal, Deputy Attorneys General, for Plaintiff and Respondent.
    for defendant: Sidney S. Hollar, under appointment by the Court of Appeal under the First District Appellate Assistant Case System, for Defendant and Appellant.
    Case Number: No. A148307

    Minor's substantial compliance with probation warrants both dismissal and sealing of juvenile records (Dondero, J.)

  • People v. Zamora

    Publication Date: 2017-05-15
    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-05-12
    Court: C.A. 5th
    Judge:
    Attorneys: For plaintiff: Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and John A. Bachman, Deputy Attorneys General, for Plaintiff and Respondent.
    for defendant: Carol Foster, under appointment by the Court of Appeal, for Defendant and Appellant.
    Case Number: No. F071737

    Juvenile adjudication not "conviction" for purposes of triggering felony sentencing for drug possession offense under Prop 47 (Peña, J.)