Appeals
|
Procedures When Appointed Counsel Determines that an Appeal from an Order Denying Postconviction Relief Lacks Arguable Merit
|
Updated: 3/24/2021
|
Appeals
|
Mistake of Fact Instructional Error and Prejudice Standard
|
Updated: 2/24/2021
|
Appeals
|
True Finding on Gang-Killing Special Circumstance and Chiu Error / Harmless Error Review
|
Updated: 1/15/2020
|
Areas of Constitutional Law
|
Bail and the Ability to Pay
|
Updated: 9/30/2020
|
Areas of Constitutional Law
|
IAC for Failure to Investigate and Appellate Review of IAC Claim
|
Updated: 8/22/2018
|
Areas of Constitutional Law
|
Denial of Bail
|
Updated: 5/23/2018
|
Areas of Constitutional Law
|
Constitutional Right to Privacy and Psychotherapist Requirement to Report Clients Who Watch Child Pornography
|
Updated: 5/10/2017
|
Civil Commitments
|
Evidence--Relying on Case-Specific Hearsay Contained in Psychological Evaluations in Finding Probable Cause to Commit Petitioner as SVP
|
Updated: 3/17/2021
|
Civil Commitments
|
Conservatorship--Right Not to Testify
|
Updated: 6/24/2020
|
Civil Commitments
|
LPS--Must the Trier of Fact Find, Beyond a Reasonable Doubt, that the Objector is Unwilling or Unable Voluntarily to Accept Meaningful Treatment
|
Updated: 2/11/2020
|
Crimes
|
Murder--SB 1437's Application to Attempted Murder Liability Under the NPC Doctrine and Aider and Abettor Liability
|
Updated: 3/24/2021
|
Crimes
|
Prop. 64--Criminal Status of Possession of Marijuana in Prison
|
Updated: 3/10/2021
|
Crimes
|
Murder--SB 1437's Application to Second Degree Murder Under NPC, Retroactivity and Instructional Error
|
Updated: 10/8/2020
|
Crimes
|
Whether Assault by Means of Force Likely to Produce Great Bodily Injury a Lesser Included Offense of Assault with a Deadly Weapon
|
Updated: 4/22/2020
|
Crimes
|
PC 632.7--Recording Cell Phone Calls Without Participants' Consent
|
Updated: 4/1/2020
|
Crimes
|
First Degree Murder--Substantial Concurrent Causation Theory (Sanchez) and Impact of Chiu and SB 1437
|
Updated: 3/25/2020
|
Crimes
|
Whether Conviction for Human Trafficking of a Minor (PC 236.1, subd. (c)(1)) was Proper Where Defendant was Communicating with Adult Police Officer
|
Updated: 3/11/2020
|
Crimes
|
Murder--Instruction on Elements of First Degree Murder By Poison
|
Updated: 11/13/2019
|
Dependency (300)
|
Whether it is Structural Error for a Juvenile Court to Proceed With Jurisdiction and Disposition Hearings Without an Incarcerated Parent's Presence
|
Updated: 2/17/2021
|
Dependency (300)
|
Does Parent Have Right to Challenge Counsel's Failure to File Timely NOA from Order Terminating Parental Rights
|
Updated: 10/21/2020
|
Dependency (300)
|
Beneficial Parental Relationship Exception to Adoption
|
Updated: 7/24/2019
|
Evidence
|
Hearsay/Confrontation Clause and Gang Expert Testimony Regarding Uncharged Predicate Offenses to Establish a "Pattern of Criminal Gang Activity"
|
Updated: 3/24/2021
|
Evidence
|
Sufficiency of the Evidence--Conspiracy to Commit Murder for the Benefit of a Gang
|
Updated: 12/9/2020
|
Evidence
|
Did Victim's Voluntary Ingestion of Fentanyl Support Enhancement for Personal Infliction of Great Bodily Injury
|
Updated: 3/18/2020
|
Evidence
|
Discovery
|
Updated: 10/22/2012
|
Extraordinary Remedies
|
Writ of Mandate--Invalid Conviction Under PC 186.22, subd. (a)
|
Updated: 8/21/2019
|
Jury Trial
|
Whether Eye Witness Identification Instruction (CALCRIM No. 315) Violates Defendant's Due Process Rights
|
Updated: 3/10/2021
|
Jury Trial
|
Drug Overdose as Implicit Waiver of Right to be Present at Trial / No Continuance for Defendant to Testify
|
Updated: 6/17/2020
|
Jury Trial
|
Batson/Wheeler--Discovery of Prosecutor's Jury Selection Notes
|
Updated: 7/24/2019
|
Juvenile Delinquency
|
Constitutionality of SB 1391 (Prophibiting Transfer of 14 or 15 Years Olds to Adult Criminal Court)
|
Updated: 7/22/2020
|
Juvenile Delinquency
|
Temporary Restraining With No Notice to Minor
|
Updated: 6/17/2020
|
Motions
|
PC 1473.7 Motion--Prejudice From Trial Counsel's Failure to Properly Advise on Immigration Consequences
|
Updated: 3/24/2021
|
Pleadings
|
Trial Court Permission to Consolidate Pleadings
|
Updated: 1/30/2019
|
Pleas
|
Retroactive Application of SB 136 and Plea Agreements
|
Updated: 2/24/2021
|
Pretrial Motions
|
Bail Conditions on Felony Defendants
|
Updated: 4/25/2018
|
Probation & Parole
|
Probation--Finality for Purposes of Applying a Later Ameliorative Change in the Law
|
Updated: 2/24/2021
|
Probation & Parole
|
Prop. 57--CDCR Excluding Sex Offenders From Early Parole Consideration
|
Updated: 12/9/2020
|
Probation & Parole
|
Prop. 57 Parole for Prisoner Serving a Sentence for a Combination of Violent and Nonviolent Felonies
|
Updated: 11/18/2020
|
Probation & Parole
|
Youth Offender Parole--Constitutionality of Excluding Young Adults Sentenced Under One Strike law
|
Updated: 7/22/2020
|
Probation & Parole
|
Eligibility for Youthful Offender Parole Hearing
|
Updated: 6/24/2020
|
Probation & Parole
|
Standard for Reviewing Condition of Release on Mandatory Supervision
|
Updated: 4/29/2020
|
Search and Seizure
|
Whether Defendant Was Detained When Officer Shone a Spotlight on Defendant's Parked Car and Ordered Passenger to Stay Near Car
|
Updated: 10/14/2020
|
Sentencing
|
SB 1437--Felony-Murder Special Circumstance Finding Precluding Eligibility for Relief
|
Updated: 3/24/2021
|
Sentencing
|
Imposing Lesser Firearm Enhancements That Were Not Charged or Submitted to Jury
|
Updated: 3/24/2021
|
Sentencing
|
SB 1437--Record of Conviction When Considering Prima Facie Showing of Eligibility and Timing of Right to Appointed Counsel
|
Updated: 3/24/2021
|
Sentencing
|
Three Strikes Sentencing When There Are Multiple Current Violent or Serious Felony Convictions
|
Updated: 3/10/2021
|
Sentencing
|
SB 1437--Prosecution's Burden of Proof to Show Petitioner's Ineligibility for Resentencing
|
Updated: 3/10/2021
|
Sentencing
|
Does Resentencing Pursuant to PC 1170, subd. (d)(1) "Reopen" Finality of Sentence for Retroactive Application of Prop. 57 and SB 1391
|
Updated: 1/27/2021
|
Sentencing
|
Does Gallardo (Limiting Judicial Fact-Finding for Prior Convictions) Apply Retroactively
|
Updated: 12/23/2020
|
Sentencing
|
When a Final Judgment is Later Vacated, Altered, or Amended and a New Sentence Imposed, Can an Ameliorative Change in the Law be Applied?
|
Updated: 10/14/2020
|
Sentencing
|
Alternate Penalty Provision of Criminal Street Gang Penalty Statute (Pen. Code, § 186.22, subd. (b)(4)(B)) for Conspiracy Conviction
|
Updated: 7/15/2020
|
Sentencing
|
Fines, Fees, Assessments and Considering Defendant's Ability to Pay
|
Updated: 6/17/2020
|
Sentencing
|
One Strike Law Pleading and Sentencing
|
Updated: 2/24/2020
|