The Court of Appeals held that Penal Law justification may apply when prosecutors prove child endangerment through the defendant’s use of force and ordered a new trial.
The published Superior Court held that Philadelphia police had reasonable suspicion to stop a pedestrian after an experienced officer saw what appeared to be a concealed handgun beneath his clothing.
In an unpublished memorandum, the Ninth Circuit affirmed the denial of a California prisoner’s § 2254 petition, holding that his due-process challenge to charging periods of up to five years and four months was procedurally defaulted under California’s contemporaneous-objection rule and
A Southern District of California judge screened a prisoner’s § 1983 challenge to a drug-test disciplinary finding and dismissed it with leave to amend, because losing 30 days of credits implicates no liberty interest for someone serving life without parole and the lab result was in any event
A federal district court adopted a magistrate judge’s recommendation and conditionally granted habeas relief because trial counsel’s failure to investigate a possible alternate shooter was prejudicial, ordering release unless the State elects to retry the petitioner.
California’s Second District Court of Appeal affirmed Daniel Peter Masterson’s two forcible rape convictions and consecutive 15-years-to-life sentences, holding that the multiple-victim alternate penalty scheme permitted prosecution at any time and rejecting his evidentiary, discovery, religious-fre
The Fifth District affirmed a 145-years-to-life sentence, holding that trial counsel’s failure to object to a midtrial amendment adding seven sex-offense counts did not constitute ineffective assistance because the charges were supported by preliminary-hearing evidence and did not prejudice th
The Court of Appeal held that a trial court may reimpose an upper term sentence at a Penal Code section 1172.75 resentencing without new jury findings on aggravating factors if the upper term was originally imposed, but remanded for resentencing on a firearm possession count because the trial court
A California appellate court affirmed the judgment of conviction and remanded solely to correct the sentencing minute order and abstract of judgment to reflect the waiver of fines and fees, including the $400 parole revocation fine.
The Court of Appeal vacated gang enhancement findings because the 2008 jury was not instructed on elements later added by AB 333, remanded for the trial court to assess harmlessness, and affirmed the remaining sentencing rulings.
The Court of Appeal affirmed the denial of Tyler Taintergallon’s suppression motion, finding his initial detention supported by reasonable suspicion and the satchel search lawful incident to arrest, and declined to consider his mental health diversion challenge because he lacked a certificate
The Court of Appeal reversed a gang-allegation true finding, affirmed the judgment in all other respects, vacated the sentence, and remanded for full resentencing because the trial court failed to investigate a deliberating juror’s report of bias and then discharged that juror without establis
The Court of Appeal affirmed the trial court’s decision to reimpose an upper term sentence for carjacking during a Penal Code section 1172.75 resentencing, holding that because the upper term was originally imposed, the court was not required to find aggravating factors beyond a reasonable dou
A federal court denied a state prisoner’s motion to proceed in forma pauperis without prejudice and dismissed his First Amended habeas petition without prejudice because he failed to pay or properly seek waiver of the filing fee, failed to allege exhaustion of state court remedies, and pleaded
Case State of Nebraska v. Majdal K. Elias Court Nebraska Supreme Court Judge Funke, C.J.; Cassel, J.; Stacy, J.; Papik,
Case State of Nebraska v. John L. Lotter Court Nebraska Supreme Court Judge Funke, C.J.; Cassel, J.; Stacy, J.; Papik,
The Court of Appeal reversed in part, affirmed in part, and remanded with directions, rejecting Autman’s sufficiency challenge but directing the trial court to tailor an electronic search probation condition that was unconstitutionally overbroad.
The Court of Appeal affirmed a first degree robbery conviction, holding that a magistrate’s legal conclusion about evidence sufficiency at a preliminary hearing did not preclude the prosecution from recharging the offense, and that elevating the robbery count from second to first degree during
The Sixth District Court of Appeal reversed the defendants’ convictions after finding that the prosecutor’s voir dire pit bull analogy and predator-prey arguments violated the Racial Justice Act’s ban on language that implicitly appeals to racial bias by comparing defendants to ani
The Court of Appeal reversed an uncharged five-year serious felony enhancement, vacated Joshua Aleman’s sentence, and ordered a full resentencing because the late notice deprived him of a fair opportunity to make plea and trial decisions.
The Third District Court of Appeal held that a trial court resentencing a defendant under Penal Code section 1172.75 may reimpose an upper term under subdivision (d)(4) without the aggravating factors being stipulated to or found true by a jury—the trial court here had separately found true beyond a
The Nevada Supreme Court held that law-of-the-case principles—not jurisdiction—govern a successor judge’s authority to revisit an earlier ruling, and upheld removal of an unlawful plea drop-down.
The Superior Court ordered new appellate counsel after an Anders filing treated direct appeal like PCRA no-merit review and failed to demonstrate an independent examination of the complete record.
The Utah Court of Appeals held that credible officer testimony established probable cause for a plain-view drug seizure despite missing body-camera footage and later inconclusive field testing.