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Criminal Law & Procedure

[10/17] People v. Warmington
In a criminal action, seeking to reduce defendant's 2003 felony embezzlement conviction after he stole a TV from his employer, Walmart, and returned it for a gift card, the trial court's order denying his petition for redesignation to a misdemeanor is reversed where embezzlement under Penal Code section 503 is eligible for redesignation.

[10/17] US v. Preston
Conviction on two counts of aggravated sexual abuse of a child is reversed where the cumulative effect of improper witness testimony, prejudicial propensity evidence, and prosecutorial misconduct in commenting on the defendant's decision not to testify, witness vouching, and misstating evidence in summation rendered defendant's trial fundamentally unfair and prejudiced the outcome.

[10/17] Ganek v. Leibowitz
In a Bivens action, brought against defendant FBI agents and federal prosecutors for alleged constitutional violations in searching plaintiff investment fund owner's Manhattan offices, the district court's denial of qualified immunity is reversed where a corrected search warrant affidavit would have supported probable cause, the corrected warrant would have issued, and plaintiff cannot plead defendants' actions caused him preventable constitutional harm.

[10/17] People v. Lewelling
Conviction of a San Francisco Sheriff's deputy under Penal Code section 149, after using physical force to remove a disabled patient from San Francisco General Hospital, is reversed. The court held that the trial court's instructions to the jury on section 149 were inaccurate and misleading and prejudiced defendant's conviction.

[10/16] People v. T.F.
The court reversed a thirteen year old's juvenile conviction for lewd and lascivious conduct against a four-year-old girl where the minor defendant did not knowingly, intelligently, and voluntarily waive his Miranda rights, his confession was not voluntary and the error was not harmless.

[10/16] People v. Navarra
Conviction and sentence for first-degree murder, burglary, and conspiracy to commit murder are affirmed. The court held: (1) that Proposition 57 does not apply retroactively to defendant; and (2) retroactivity to juvenile offenders sentenced to life without parole is not required under Montgomery v. Louisiana, 136 S. Ct. 718 (2016).

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