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  • People v. Paz

    Publication Date: 2017-04-17
    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-04-14
    Court: C.A. 2nd
    Judge:
    Attorneys: For plaintiff: Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Victoria B. Wilson, Supervising Deputy Attorney General, and Roberta L. Davis, Deputy Attorney General, for Plaintiff and Respondent.
    for defendant: Richard D. Miggins, under appointment by the Court of Appeal, for Defendant and Appellant.
    Case Number: No. B265251

    Crime of sodomy does not require penetration into anus (Lavin, J.)

  • People v. Becerrada

    Publication Date: 2017-04-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Date Filed: 2017-04-17
    Court: Ca. Sup. Ct.
    Judge:
    Attorneys: For plaintiff: Kamala D. Harris and Xavier Becerra, Attorneys General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Jaime L. Fuster, David Zarmi and Kimara A. Aarons, Deputy Attorneys General, for Plaintiff and Respondent.
    for defendant: Michael J. Hersek and Mary K. McComb, State Public Defenders, under appointments by the Supreme Court, and Arnold Erickson, Deputy State Public Defender, for Defendant and Appellant.
    Case Number:

    Evidence insufficient to support finding of lying in wait (Chin, J.)

  • People v. Bechtol

    Publication Date: 2017-04-13
    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-04-12
    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, Eric D. Share and Leif M. Dautch, Deputy Attorneys General, for Plaintiff and Respondent.
    for defendant: Paul F. DeMeester, under appointment by the Court of Appeal, for Defendant and Appellant.
    Case Number: No. A146680

    Defendant may not move to strike prior DUI conviction based on ineffective assistance of cousnel (Simons, J.)

  • Hedlund v. Ryan

    Publication Date: 2017-04-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Date Filed: 2016-03-04
    Court: 9th Cir.
    Judge: David G. Campbell, District Judge, Presiding Before: Kim McLane Wardlaw, Carlos T. Bea, and N. Randy Smith, Circuit Judges.
    Attorneys: For plaintiff: Paula Kay Harms, Federal Public Defender's Office, Phoenix, Arizona, for Petitioner-Appellant.
    for defendant: Jon Anderson, Arizona Attorney General's Office, Phoenix, Arizona, for Respondent-Appellee.
    Case Number: No. 09-99019

    Arizona Supreme Court erred in application of "causal nexus" test to capital defendant's mitigating evidence at sentencing (N.R. Smith, J.)

  • People v. Douglas

    Publication Date: 2017-04-12
    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-04-11
    Court: C.A. 3rd
    Judge:
    Attorneys: For plaintiff: Kamala D. Harris, Attorney General, Dane R. Gillete, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez, Kari Ricci Mueller, Deputy Attorney General, for Plaintiff and Respondent.
    for defendant: Kieran D. C. Manjarrez, under appointment by the Court of Appeal, for Defendant and Appellant.
    Case Number: No. C072881

    Mixed motive analysis appropriate where prosecutor stated both neutral and non-neutral reasons for excusing gay jurors (Hull, J.)

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  • Inland Counties Regional Center, Inc. v. Superior Court (Barajas)

    Publication Date: 2017-04-11
    Practice Area: Criminal Law | Health Care Law
    Industry: Health Care
    Date Filed: 2017-04-10
    Court: C.A. 4th
    Judge:
    Attorneys: For plaintiff: Enright & Ocheltree, Judith A. Enright, Julie A. Ocheltree, Noelle V. Bensussen and Aaron Abramowitz for Petitioner.
    for defendant: No appearance for Respondent. Steven L. Harmon, Public Defender, Brian L. Boles, Thomas M. Cavanaugh, Assistant Public Defenders, Laura Arnold, Deputy Public Defender, for Real Party in Interest.
    Case Number: No. E067232

    Trial court lacked authority to order regional center to conduct competency assessment of criminal defendant (McKinster, Acting P.J.)

  • People v. Sloat

    Publication Date: 2017-04-11
    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-04-10
    Court: C.A. 2nd
    Judge:
    Attorneys: For plaintiff: Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Mary Sanchez and Analee J. Brodie, Deputy Attorneys General, for Plaintiff and Respondent.
    for defendant: Tyrone A. Sandoval, under appointment by the Court of Appeal, for Defendant and Appellant.
    Case Number: No. B270080

    Redesignation of felony theft conviction as misdemeanor petty theft not same as reduction to misdemeanor shoplifting (Turner, P.J.)

  • People v. Tovar

    Publication Date: 2017-04-11
    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-04-10
    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. Lawrence, Senior Assistant Attorney General, Eric D. Share, Supervising Deputy Attorney General, Elizabeth W. Hereford, Deputy Attorney General.
    for defendant: Counsel for Defendant and Appellant: Candace Hale.
    Case Number: No. A145498

    No connection needed be shown between gang subset and umbrella gang where all crimes directly benefited subset (Humes, P.J.)

  • People v. Sharpe

    Publication Date: 2017-04-10
    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-04-07
    Court: C.A. 3rd
    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, Carlos A. Martinez, Stephen G. Herndon, and Kevin M. Cornwall, Deputy Attorneys General, for Plaintiff and Respondent.
    for defendant: C. Matthew Missakian, under appointment by the Court of Appeal, for Defendant and Appellant.
    Case Number: No. C076938

    Restitution award for damaged truck erroneously included reduced market value, repair costs, and salvage value (Nicholson, J.)

  • United States v. Arriaga-Pinon

    Publication Date: 2017-04-10
    Practice Area: Criminal Law
    Industry:
    Date Filed: 2017-04-07
    Court: 9th Cir.
    Judge: Dana M. Sabraw, District Judge, Presiding Before: Sidney R. Thomas, Chief Judge, and Andrew J. Kleinfeld and Jacqueline H. Nguyen, Circuit Judges.
    Attorneys: For plaintiff: Mark R. Rehe (argued), Assistant United States Attorney; Helen H. Hong, Chief, Appellate Section, Criminal Division; Laura E. Duffy, United States Attorney; United States Attorney's Office, San Diego, California; for Plaintiff-Appellee.
    for defendant: Kara Hartzler (argued), Federal Defenders of San Diego, Inc., San Diego, California, for Defendant-Appellant.
    Case Number: No. 16-50188

    Record of prior conviction failed to show it constituted aggravated felony (Thomas, J.)