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U.S. v. Reyes-Bonilla
In prosecution for illegal reentry, defendant seeking to exclude prior removal order, which violated due process right to counsel, must prove actual prejudice.
Criminal Law and Procedure Feb. 7, 2012
People v. Gabriel
Prior felony convictions for possession of assault weapon and cultivation of marijuana involve moral turpitude and are admissible to impeach defendant's credibility.
Criminal Law and Procedure Feb. 6, 2012
People v. Brents
Jury instruction for kidnapping special circumstance allegation that required finding that murder was committed to carry out assault results in prejudicial error.
Criminal Law and Procedure Feb. 3, 2012
People v. Elliott
Inconsistencies in initial description of perpetrator do not warrant reversal where jury found witnesses credible and sufficient evidence supported conviction.
Criminal Law and Procedure Feb. 3, 2012
Lane v. Valverde
Breath test is valid although police officer failed to test accuracy within necessary 10-day period when breath test occurred before 10 days elapsed.
Criminal Law and Procedure Feb. 2, 2012
U.S. v. Noriega-Perez
Property owner, who rented houses for use in smuggling operation, is properly convicted of aiding and abetting smuggling of aliens into U.S.
Criminal Law and Procedure Feb. 2, 2012
People v. Cravens
Court finds sufficient evidence to support conviction for second degree murder on implied malice theory where defendant sucker punched victim, causing death.
Criminal Law and Procedure Jan. 31, 2012
People v. Johnson
Court properly denies defendant right to self-representation where defendant is competent to stand trial, but not to conduct trial proceedings himself.
Criminal Law and Procedure Jan. 31, 2012
People v. Indiana Lumbermens Mutual Insurance Co.
Addition of robbery charge based on same acts alleged in original complaint, materially increasing surety’s risk, does not automatically exonerate bond.
Criminal Law and Procedure Jan. 31, 2012
People v. Hughes
Court may impose probation condition that prohibits defendant from using medical marijuana where condition related to crimes of conviction and future criminality.
Criminal Law and Procedure Jan. 30, 2012
People v. Miller
Equitable estoppel prevents narcotics offender, who entered into plea agreement, from vacating his plea even where his misdemeanor was mistakenly classified as felony.
Criminal Law and Procedure Jan. 30, 2012
U.S. v. McGowan
Former prison guard's sentencing deprives him of due process by relying on allegations made by inmate who was not present at trial or hearing.
Criminal Law and Procedure Jan. 27, 2012
People v. Geter
Absent any evidence that victim regained physical possession of money, defendant’s conviction for grand theft from person cannot stand.
Criminal Law and Procedure Jan. 27, 2012
In re Bratton
Court lacks authority to grant custody credit because petitioner should have presented claim for additional credit to Dept. of Corrections, and then Board of Parole Hearings.
Criminal Law and Procedure Jan. 26, 2012
U.S. v. Gonzalez
Under joint defense privilege, court must determine when implied agreement between parties ended to decide whether certain communications are discoverable.
Criminal Law and Procedure Jan. 26, 2012
People v. Thiessen
Defendant’s use of inoperable firearm that victims may not have seen is enough to support firearm enhancement because it showed solidarity with shooter.
Criminal Law and Procedure Jan. 26, 2012
People v. Quarterman
Prosecution is not permitted to initiate second probation violation proceeding on same ground following failure to sustain burden of proof at first proceeding.
Criminal Law and Procedure Jan. 25, 2012
Reynolds v. U.S.
Sex Offender Registration and Notification Act does not require pre-Act offenders to comply with registration requirements unless Attorney General specifies they do.
Criminal Law and Procedure Jan. 24, 2012
U.S. v. Jones
Government may not use evidence obtained through warrantless use of GPS device regardless of whether reasonable expectation of privacy exists.
Criminal Law and Procedure Jan. 24, 2012
People v. Mil
Omission of elements from instruction on felony-murder special circumstances for non-killer defendant constitutes prejudicial error requiring reversal of conviction.
Criminal Law and Procedure Jan. 24, 2012
Alvarez v. Hill
Inmate’s RLUIPA claim is properly dismissed where sovereign immunity bars claim and is rendered moot due to inmate's release from custody.
Criminal Law and Procedure Jan. 23, 2012
Payton v. Superior Court (People)
Conduct credits for good behavior are awarded to prisoners based on amendment in effect when custody is served, not date of crime.
Criminal Law and Procedure Jan. 23, 2012
People v. James
Jail’s system for legal research does not violate right to self-representation where inmates had reasonable access to materials through legal research assistants.
Criminal Law and Procedure Jan. 23, 2012
U.S. v. Solorio
Court’s failure to administer oaths to interpreters before translating government informant’s testimony at trial is not plain error warranting reversal.
Criminal Law and Procedure Jan. 20, 2012
People v. Gram
Court lacks discretion in recommitting defendant in a different facility than facility he was confined in when recommitment petition was filed.
Criminal Law and Procedure Jan. 20, 2012
Maples v. Thomas
Bar to federal review of state prisoner's habeas claim may be lifted where attorneys abandoned client, who lacked reason to believe he lacked representation.
Criminal Law and Procedure Jan. 19, 2012
U.S. v. Kuok
In conspiracy case, evidence of duress must be allowed where defendant alleged that Chinese government engaged in specific and direct threats against him.
Criminal Law and Procedure Jan. 18, 2012
People v. Dyser
First degree burglary and assault with intent to commit rape are lesser included offenses of assault with intent to commit rape during first degree burglary.
Criminal Law and Procedure Jan. 16, 2012
People v. Hunter
'Pinpoint instruction,' which lightened prosecution’s burden to prove firearm enhancement, is erroneous, but does not require reversal because error was harmless.
Criminal Law and Procedure Jan. 16, 2012
People v. Nelson
Juvenile’s repeated requests to speak with mother during post-'Miranda' waiver interview is not clear assertion of 'Miranda' rights under circumstances of case.
Criminal Law and Procedure Jan. 13, 2012