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  • People v. Guzman

    Publication Date: 2017-04-28
    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-04-27
    Court: C.A. 2nd
    Judge:
    Attorneys: For plaintiff: Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Victoria B. Wilson and J. Michael Lehmann, Deputy Attorneys General, for Plaintiff and Respondent.
    for defendant: Verna Wefald, under appointment by the Court of Appeal, for Defendant and Appellant.
    Case Number: No. B265937

    Covertly recorded telephone conversations admissible at criminal trial under "Right to Truth–in–Evidence" provision of California Constitution (Goswami, J.)

  • People v. Pou

    Publication Date: 2017-04-27
    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-04-26
    Court: C.A. 2nd
    Judge:
    Attorneys: For plaintiff: Xavier Becerra, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Susan Sullivan Pithey, Supervising Deputy Attorney General, and Michael J. Wise, Deputy Attorney General, for Plaintiff and Respondent.
    for defendant: Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and Appellant.
    Case Number: No. B269349

    Emergency aid exception justified warrantless search of home (Kin, J.)

  • People v. Vela

    Publication Date: 2017-04-25
    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-04-24
    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, Arlene A. Sevidal, Collette Cavalier, Elizabeth M. Carino and Daniel J. Hilton, Deputy Attorneys General, for Plaintiff and Respondent.
    for defendant: Sharon M. Jones, under appointment by the Court of Appeal, for Defendant and Appellant.
    Case Number: No. G052282

    Prop 57 applied retroactively to juvenile offender whose case was not yet final on appeal (Moore, J.)

  • People v. Sanford

    Publication Date: 2017-04-25
    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-04-21
    Court: C.A. 1st
    Judge:
    Attorneys: For plaintiff: Counsel for Plaintiff and Respondent: Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Jeffrey M. Laurence, Senior Assistant Attorney General, Catherine A. Rivlin, Supervising Deputy Attorney General, Allan Yannow, Deputy Attorney General.
    for defendant: Counsel for Defendant and Appellant: Maureen M. Bodo, by appointment through First District Appellate Project.
    Case Number: No. A145156

    Evidence linking suspect to robbery merely speculative (Humes, P.J.)

  • People v. Costella

    Publication Date: 2017-04-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Date Filed: 2017-04-21
    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, and Eric A. Swenson and Lynne G. McGinnis, Deputy Attorneys General, for Plaintiff and Respondent.
    for defendant: Christopher Nalls, under appointment by the Court of Appeal, for Defendant and Appellant.
    Case Number: No. E064374

    Evidence supported finding that area of dirt, grass, and small brush qualified as "forest land" (Ramirez, P.J.)

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • In re Kirchner

    Publication Date: 2017-04-24
    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-04-24
    Court: Ca. Sup. Ct.
    Judge:
    Attorneys: For plaintiff: Randy Mize, Chief Deputy Public Defender, Abbey J. Noel and Troy Anthony Britt, Deputy Public Defenders, for Petitioner Kristopher Kirchner.
    for defendant: Bonnie M. Dumanis, District Attorney, James E. Atkins, Jennifer Kaplan and Craig E. Fisher, Deputy District Attorneys, for Respondent the People.
    Case Number:

    Juvenile offender's statutory right to petition for recall and resentencing after serving 15 years of LWOP sentence does not satisfy Eighth Amendment (Cantil-Sakauye, C.J.)

  • United States v. Fryberg

    Publication Date: 2017-04-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Date Filed: 2017-04-21
    Court: 9th Cir.
    Judge: James L. Robart, District Judge, Presiding Before: Susan P. Graber, Sandra S. Ikuta, and Andrew D. Hurwitz, Circuit Judges.
    Attorneys: For plaintiff: Bruce Miyake (argued), Assistant United States Attorney; Annette L. Hayes, United States Attorney; United States Attorney's Office, Seattle, Washington; for Plaintiff-Appellee.
    for defendant: John Henry Browne (argued), Law Office of John Henry Browne P.S., Seattle, Washington; Kany M. Levine, The Levine Law Firm PLLC, Seattle, Washington; for Defendant-Appellant.
    Case Number: No. 16-30013

    Admission of officer's statement in return of service did not violate either hearsay rule or Confrontation Clause (Graber, J.)

  • United States v. Johnson

    Publication Date: 2017-04-24
    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-04-21
    Court: 9th Cir.
    Judge: Dana L. Christensen, Chief Judge, Presiding Before: Richard A. Paez and Consuelo M. Callahan, Circuit Judges, and Morrison C. England, Jr.,* District Judge.
    Attorneys: For plaintiff: Chad Spraker (argued), Assistant United States Attorney; Michael W. Cotter, United States Attorney; United States Attorney's Office, Helena, Montana; for Plaintiff-Appellant.
    for defendant: Michael Donahoe (argued), Senior Litigator; Anthony R. Gallagher, Federal Defender; Federal Defenders of Montana, Helena, Montana; for Defendant-Appellee.
    Case Number: No. 15-30350

    Restitution for wire fraud scheme not limited to acts for which defendant was convicted Callahan, J.)

  • Weeden v. Johnson

    Publication Date: 2017-04-24
    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-04-21
    Court: 9th Cir.
    Judge: James K. Singleton, District Judge, Presiding Before: Consuelo M. Callahan and Andrew D. Hurwitz, Circuit Judges, and Donald W. Molloy,* District Judge.
    Attorneys: For plaintiff: Charles M. Bonneau, Jr. (argued), Sacramento, California, for Petitioner-Appellant.
    for defendant: Christina Hitomi Simpson (argued), Deputy Attorney General; Eric L. Christoffersen, Supervising Deputy Attorney General; Michael P. Farrell, Senior Assistant Attorney General; Office of the Attorney General, Sacramento, California; for Respondent-Appellee.
    Case Number: No. 14-17366

    Trial counsel rendered ineffective assistance in failing to obtain psychological evaluation of 14-year old accused of murder (Hurwitz, J.)

  • People v. Wismer

    Publication Date: 2017-04-21
    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-04-20
    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, Peter Quon, Jr., and Anthony Da Silva, Deputy Attorneys General, for Plaintiff and Respondent.
    for defendant: Law Offices of Scott M. Schlegel and Scott M. Schlegel for Defendant and Appellant.
    Case Number: No. D068743

    "Controlled experiment" in jury room constituted juror misconduct (Dato, J.)