Fourth District holds that Penal Code section 29820’s firearm prohibition for certain juvenile wards until age 30 is facially constitutional under both the Second Amendment Bruen framework and the Due Process Clause.
Fifth District holds that Penal Code section 292’s definitions of ‘acts of violence’ and ‘great bodily harm’ are constitutional under California Constitution article I, section 12, and that a no-bail order in a serious child sexual abuse case was supported by clear and
Case In the Interest of: John Doe (2024-36), State of Idaho v. John Doe (2024-36) Court Idaho Court of Appeals
Fifth District holds that the mere presence of peace officers attempting a routine traffic stop is not the ‘objective correlate’ required to support an imperfect self-defense instruction for a defendant whose only basis for self-defense was a delusion.
First District holds that the DMV’s revised hearing structure satisfies due process and rejects the broader ‘appearance of bias’ approach used in Romane v. DMV (now before the California Supreme Court).
Case Express Scripts, Inc., et al. v. Anne Arundel County, Maryland Court Supreme Court of Maryland Judge Booth (Larry Hogan,
Second District reverses first and second degree murder convictions because the trial court abused its discretion in excluding under Evidence Code section 352 a contemporaneous handwritten note relevant to the defendant’s provocation defense.
Second District holds that under Penal Code section 1237.1 a trial court retains jurisdiction during a pending appeal to correct presentence custody credit errors, and modifies the judgment to award two additional days of credit.
Fourth District holds that police violated the Fourth Amendment by ordering a man out of a residence at gunpoint without a warrant or probable cause and rejects the contrary 1985 Trudell decision.
Sixth District holds that impounding a suspended-license driver’s minivan solely to prevent further illegal driving violates the Fourth Amendment community caretaking doctrine and orders suppression of evidence from the resulting inventory search.
Fourth District holds that an Apple Pay account is a ‘financial account’ excluded from warrantless probation searches and orders suppression of bank evidence obtained through a warrant relying on the unlawful search.
Second District holds that a defendant in custody in another county did not willfully fail to appear for sentencing and that uncertified records from a Fresno court were inadmissible to prove a Cruz waiver violation.
First District holds that a trial court had no sua sponte duty to give a circumstantial evidence instruction in a felon-in-possession case where direct evidence linked the defendant to the cabin containing the guns and ammunition.
Fourth District holds that defense counsel’s brief administrative suspension from the State Bar for trust account reporting noncompliance during trial does not, by itself, establish a denial of the right to effective assistance of counsel.
First District reverses a juvenile court order transferring a 16-year-old murder defendant to adult court because the court did not apply the heightened amenability standards required by AB 2361 and SB 545.
Sixth District holds that even if a search of a deceased suspect’s phone violated the California Electronic Communications Privacy Act, suppression is not required because officers acted in good-faith reliance on the mother’s consent.
Case State of North Dakota v. Jodi L. Cooper Court North Dakota Supreme Court Judge Fair McEvers (Jack Dalrymple, 2014)
Second District affirms convictions for the murder of a Pomona police officer and a separate assault, holding that hot pursuit and concern for family members justified the warrantless entry, but remands to correct determinate-term sentencing under Penal Code section 1170.1.
First District affirms a murder conviction but reverses a drive-by shooting conviction because the trial court failed to instruct the jury on grossly negligent discharge of a firearm as a lesser included offense.
Second District affirms denial of mental health diversion under Penal Code section 1001.36, with a notable concurrence sharply criticizing a recent Fourth District decision that overturned a similar denial.
Second District grants writ vacating mental health diversion in a violent hate-crime case, holding that the trial court must consider evidence of past treatment noncompliance when applying the public safety prong of Penal Code section 1001.36.
Case Ibrahim Ahmed Mohammed v. State of North Dakota Court North Dakota Supreme Court Judge Fair McEvers (Jack Dalrymple, 2014)
Case State of North Dakota v. Jose Vasquez Court North Dakota Supreme Court Judge Per Curiam Date Decided February 26,
Case State of North Dakota v. Richard Edwin Romanyshyn Court North Dakota Supreme Court Judge Douglas A. Bahr (Doug Burgum,