People v. U.S. Fire Insurance — Surety Remains Liable After Failure to Arrange Required GPS
People v. U.S. Fire Insurance: Surety Remains Liable After Failure to Arrange Required GPS.
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California
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United States v. So — Foreign-Evidence Tolling Covered Bribery Conspiracy Charge
United States v. So: Foreign-Evidence Tolling Covered Bribery Conspiracy Charge.
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Vasquez Rosas v. Warden — Prior Assault Conviction Did Not Trigger Mandatory Detention Without the Required Charge
A California federal court ordered a bond hearing because a prior assault conviction did not trigger mandatory immigration detention absent the corresponding inadmissibility charge.
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People v. Flint — Off-duty deputy remained a peace officer for felony-murder resentencing
A published California decision holds that an off-duty deputy retained peace-officer authority, making a felony-murder defendant ineligible for section 1172.6 resentencing.
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Castillo v. Bean — Post-conviction counsel error may excuse default of Nevada death-penalty claims
The Ninth Circuit revived two Nevada death-row habeas claims because initial post-conviction counsel’s errors may excuse their procedural default.
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Jordan v. Superior Court — No Full Evidentiary Hearing Required to Revoke Outpatient Competency Treatment
The First District Court of Appeal holds that due process does not require a full evidentiary hearing before a court revokes a mentally incompetent defendant’s outpatient competency-restoration status under Penal Code section 1608.
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Jorge Alberto Z. v. Noem — Unproven Charge Could Not Support Immigration Detention
An Eastern District court ordered a new immigration bond hearing because an unproven misdemeanor charge and a misread no-contest plea could not sustain dangerousness.
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In re X.G. — Juvenile courts may reduce restitution for compelling reasons
The Court of Appeal reversed and remanded. It held that section 730.6 gives juvenile courts discretion to award less than full economic loss when compelling and extraordinary reasons support a reduction. A minor’s responsibility and fault are relevant, though the statute does not make ability to pay
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People v. Atencio — Incidental movement cannot support kidnapping for robbery
The Court of Appeal reversed the kidnapping-for-robbery conviction because the movements inside the home did not satisfy the independent asportation requirement; they were incidental to accomplishing the robbery. It left the false-imprisonment conviction intact because that offense does not require
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People v. Barraza — Hair attached to a person is not property for robbery
The Court of Appeal held that attached human hair is part of the body, not personal property under Penal Code section 211. California generally regulates human tissue through specialized statutes rather than ordinary property law, and no statute converts hair severed and taken in a continuous act in
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In re J.G. — Juvenile Restitution Must Account for All Responsible Participants
A juvenile court must consider the fault of all potentially responsible participants when allocating restitution, even if only one minor was charged.
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Medrano v. Acosta — Ninth Circuit Upholds Police Use of Force in Felony Arrest
The Ninth Circuit held that officers did not violate clearly established law by pointing firearms during a felony arrest and granted qualified immunity.
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United States v. Lytle — Ninth Circuit Limits Scope of Computer Monitoring on Supervised Release
Michael Scott Lytle appeals from the district court’s judgment revoking supervised release and challenges two special conditions of supervised release imposed upon revocation. The Ninth Circuit affirms the condition permitting electronic device searches supported by reasonable suspicion, but v
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People v. Cortez — Juvenile Resentencing Statute Does Not Cover a 46-Year-to-Life Term
A California Court of Appeal held that a juvenile’s 46-year-eight-month-to-life sentence was not life without parole and did not qualify for Penal Code section 1170 resentencing.
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People v. Madruga — Food-Animal Exception Did Not Permit Killing Students’ Livestock
A California Court of Appeal held that the statutory right to kill animals for food does not permit someone to kill another person’s livestock without consent.
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Haynes v. Williams — Federal habeas relief denied for California murder and carjacking convictions
The Northern District denied habeas relief from California murder and carjacking convictions, finding the evidence sufficient and the ineffective-assistance claim inadequately pleaded.
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United States v. Rivera — Cash conversion and drug-premises enhancement upheld at sentencing
The Ninth Circuit affirmed a methamphetamine and ammunition conviction, approving cash-to-drug conversion and a drug-premises sentencing enhancement.
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Cannon v. United States — Recovered funds remain reachable after an FBI agent stole seized cash
An amended Ninth Circuit opinion allows a Rule 41(g) claim where the government recovered funds traceable to cash stolen by an FBI agent after seizure.
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McCandless v. Warden — First Step Act Credits Were Not Yet Applicable
The court dismissed a First Step Act habeas petition because earned credits did not yet equal the remainder of the prisoner’s term and were not yet applicable.
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People v. Cruz — Codefendant Trial Transcripts Did Not Violate Due Process at Resentencing
Using a codefendant’s trial transcripts at a Penal Code section 1172.6 hearing did not violate due process because the petitioner could present and test evidence.
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United States v. Primrose — A Stolen Identity Cannot Be Acquired by Long Use
The Ninth Circuit rejected the claim that decades of use can create ownership of a deceased child’s identity and affirmed identity-theft and false-statement convictions.
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(HC)Lin — Federal Prisoner Cannot Use Section 2241 to Relitigate Conviction
A magistrate judge recommended dismissing a federal prisoner’s section 2241 petition because prior collateral review foreclosed the savings-clause route.
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People v. Centeno — Aggravated kidnapping does not require proof that a demand was wrongful
Aggravated kidnapping to exact money or value does not require proof that the demand was wrongful or that the defendant believed nothing was owed.
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Montes v. Superior Court — Prosecutors bear the burden to justify withholding jury-selection notes
A defendant may obtain prosecution jury-selection notes in postconviction discovery without first making a prima facie showing of racial bias.