Firm News Archive

News

Case Summaries

Criminal Law & Procedure

[11/22] Allah v. Milling
Affirming the district court's decision that prison officials violated an inmate's substantive due process rights when they put him on administrative segregation while a pretrial detainee, but ultimately reversing the judgment because the defendants were entitled to qualified immunity.

[11/22] US v. Ley
Vacating the judgment of the district court and remanding for further proceedings the criminal conviction of a man for being a felon in possession of a firearm and ammunition due to errors in the calculation of points for prior sentences under the Sentencing Guidelines because the court held that a traffic stop, followed by the issuance of a summons, is not an arrest.

[11/21] P. v. Roth
Affirming the trial court's decision to vacate a misdemeanor sentence and reinstate a felony sentence in the case of a probation violation because the misdemeanor sentence had been unauthorized and the reinstatement of the felony conviction was proper.

[11/21] Morris v. The Superior Court of San Bernadino County
Denying a petition for the appointment of counsel, holding that the appellate division cannot be required to appoint counsel for a defendant acting as the respondent on an appeal by the People from an order suppressing evidence.

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Evidence

[11/21] Morris v. The Superior Court of San Bernadino County
Denying a petition for the appointment of counsel, holding that the appellate division cannot be required to appoint counsel for a defendant acting as the respondent on an appeal by the People from an order suppressing evidence.

[11/16] P. v. Kaufman
Affirming the conviction of a man for grand theft by larceny because substantial evidence supported the conviction, there was no basis for the use of the victim's attempted extortion as a valid defense to the crime, and even if it were a defense not enough evidence was provided to establish the extortion for it to warrant a jury instruction, but rejecting a claim by the People of sentencing error and concluding that the trial court classified the offense as a misdemeanor by operation of law in a factually complicated case involving the sale of office property between friends.

[11/14] P. v. Watts
Reversing the trial court's denial of a motion for a new trial with respect to the allegation that a man convicted of murder did so for the benefit of, at the direction of, or in association with a criminal street gang, which had been insufficiently established to support a gang enhancement allegation, but otherwise affirming.

[11/13] P. v. Zabala
Affirming the judgment in the case of a man convicted for transporting a controlled substance, possession for sale, and driving with a suspended license because although the removal of a car's dashboard console exceeded the scope of a permissible inventory search the search was supported by probable cause and therefore lawful under the automobile exception to the warrant requirement.

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Sentencing

[11/22] US v. Ley
Vacating the judgment of the district court and remanding for further proceedings the criminal conviction of a man for being a felon in possession of a firearm and ammunition due to errors in the calculation of points for prior sentences under the Sentencing Guidelines because the court held that a traffic stop, followed by the issuance of a summons, is not an arrest.

[11/21] P. v. Roth
Affirming the trial court's decision to vacate a misdemeanor sentence and reinstate a felony sentence in the case of a probation violation because the misdemeanor sentence had been unauthorized and the reinstatement of the felony conviction was proper.

[11/17] P. v. Gollardo
Affirming the trial court's denial of a petition to reclassify the charged felony offense of forging and issuing a prescription for a narcotic drug as a misdemeanor pursuant to Proposition 47, the Safe Neighborhoods and Schools Act of 2014 because the denial was based on relevant considerations and within the court's discretion.

[11/16] P. v. Kaufman
Affirming the conviction of a man for grand theft by larceny because substantial evidence supported the conviction, there was no basis for the use of the victim's attempted extortion as a valid defense to the crime, and even if it were a defense not enough evidence was provided to establish the extortion for it to warrant a jury instruction, but rejecting a claim by the People of sentencing error and concluding that the trial court classified the offense as a misdemeanor by operation of law in a factually complicated case involving the sale of office property between friends.

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