The Ninth Circuit affirmed the conviction and sentence. First, the court held that no Fourth Amendment seizure occurred at the gas station because, even assuming Sergeant Gillen’s conduct constituted a show of authority, Zamora did not submit to it; instead, he fled. Under California v. Hodari
The Ninth Circuit affirmed the district court’s denial of the habeas petition.
The Ninth Circuit affirmed the district court’s denial of Eltareb’s § 2255 motion.
The Court of Appeal affirmed the summary denial of Pride Eldridge’s recall petition, holding that his 31-years-to-life sentence was neither LWOP nor its functional equivalent and rejecting his equal-protection and counsel claims.
The Court of Appeal affirmed Darrick Demond Hicks’s convictions but vacated the court-ordered payments and remanded for sentencing proceedings consistent with People v. Kopp.
Case Michael Wayne Hall v. State of Arkansas Court Arkansas Court of Appeals Judge Brandon J. Harrison (elected 2012); Barrett;
Case Elissie Railey v. State of Arkansas Court Arkansas Court of Appeals Judge Waymond M. Brown (elected 2008); Klappenbach; Wood
The Supreme Court of Guam affirmed Ricky Santos Cruz’s convictions, holding that discrepancies between the indictment’s dates and trial proof did not impair notice or create a double-jeopardy risk.
The Second Department upheld seizure of a gun seen in plain view after a plate database inquiry on an illegally parked vehicle indicated the plates might be stolen.
Case Andrea Ye v. State of Maryland Court Appellate Court of Maryland Judge Graeff; Zic; Zarnoch, Robert A. (Senior Judge,
Case Kipland Kinkel v. Board of Parole and Post-Prison Supervision Court Oregon Court of Appeals Judge Shorr, Presiding Judge; Powers,
Case Diana Louise Matthews v. State of Florida Court Florida Second District Court of Appeal Judge Morris; Rothstein-Youakim; Guard Date
In an unpublished memorandum, the Ninth Circuit affirmed the denial of Thomas Johnson’s 28 U.S.C. § 2254 petition, holding that even if his sentence enhancement violated Apprendi, he failed to show the error had a substantial and injurious effect on his sentence.
In an unpublished memorandum, the Ninth Circuit affirmed Robert L. West’s three convictions for violating federal property regulations at a Portland Social Security hearings office, rejecting his nondelegation challenge, finding any Rule 404(b) error harmless, and holding the evidence sufficie
The Third District vacated a 20-year sentence because the trial court relied on an aggravating factor not found by a jury, while rejecting challenges to evidentiary rulings, finding judicial misconduct forfeited, and holding other sentencing and restitution errors harmless.
The Court of Appeal reversed the denial of Sunny Hsiao Shin Ting’s section 1172.6 petition because his murder-conviction evidentiary hearing occurred without his presence or a valid waiver, and the prosecution did not establish harmlessness beyond a reasonable doubt.
The Court of Appeal affirmed the judgment, holding that the trial court did not abuse its discretion in denying as untimely what it construed as Samoata’s mid-hearing request to continue sentencing to be represented by appointed counsel, applying good-cause and timeliness standards rather than
The First District Court of Appeal affirmed Eric Nguyen’s misdemeanor child-pornography conviction after appointed counsel filed a Wende brief, Nguyen filed no supplemental brief, and the court’s independent review of the record found no arguable issues, including no error in the denial
The Fifth District Court of Appeal affirmed Tyequez Shamar Baker’s premeditated murder conviction and 80-years-to-life sentence, finding sufficient evidence and rejecting his instructional, self-representation, and sentencing claims.
The Fourth District Court of Appeal affirmed the attempted-murder and related judgments against Bryan Inocencio and Carl Ray Flores Jr., rejecting instructional, constitutional, sentencing, and ineffective-assistance challenges while directing correction of Inocencio’s abstract of judgment to
The Fifth District affirmed a 225-years-to-life sentence, holding the trial court did not abuse its discretion in excluding a defendant who physically attacked his counsel from the bifurcated prior-conviction trial, and that counsel’s closing concessions did not violate McCoy because the defen
The Third District affirmed defendant’s 1989 murder conviction but vacated his life-without-parole sentence and remanded for full resentencing after holding the trial court wrongly believed it lacked discretion to strike the special circumstances, and it directed that presentence conduct credi
The Fourth Appellate District affirmed reimposition of an upper-term robbery sentence at a section 1172.75 resentencing, holding subdivision (d)(4) permits retaining a lawfully imposed upper term without new aggravating-factor findings, and found the defendant’s absence from the hearing harmle
The First District Court of Appeal affirmed Shane Paul Daniel Titman’s second-degree burglary conviction, holding that his traffic stop was not unconstitutionally prolonged because the officer diligently investigated specific facts suggesting bicycle theft and Titman’s own disruptive con