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Hardy v. Chappell
Convicted murderer entitled to habeas relief where, despite finding counsel's performance deficient, state court nevertheless upheld his guilty verdict under an alternate theory. 		Criminal Law and Procedure Aug. 12, 2016
Demirdjian v. Gipson
Dismissal of habeas petition challenging murder convictions due to ineffective assistance of counsel affirmed under AEDPA's deferential standard. 		Criminal Law and Procedure Aug. 11, 2016
People v. Gibson
Defendant ineligible for resentencing of LWOP sentence for murder committed as a juvenile despite trial court's misunderstanding of Penal Code Section 1170(d)(2) applicability to non-killers. 		Criminal Law and Procedure Aug. 11, 2016
U.S. v. Zhou
Though government only referred to credit card fraud as to one store rather than both defrauded stores at plea colloquy, count to which defendant pled guilty was broad enough to encompass offenses as to both, making restitution to both stores proper. 		Criminal Law and Procedure Aug. 11, 2016
People v. Frierson
Inmate convicted of stalking not eligible for resentencing under Three Strikes law as third conviction considered violent, dangerous. 		Criminal Law and Procedure Aug. 10, 2016
People v. Watts
Crime-lab fee imposed under Health and Safety Code Section 11372.5 not subject to penalty assessments that could potentially increase charges by 310 percent. 		Criminal Law and Procedure Aug. 10, 2016
United States v. Doe
Court must not rule on dispute in fact pattern in sentence reduction pursuant to Federal Rule of Criminal Procedure 35(b) due to application after initial sentencing. 		Criminal Law and Procedure Aug. 10, 2016
Fox v. Johnson
Petitioner not entitled to specific performance of plea agreement after she effectively rescinded plea agreement in withdrawing plea. 		Criminal Law and Procedure Aug. 9, 2016
Reis-Campos v. Biter
Under AEDPA's 'immensely deferential standard of review' prosecution's concealment of evidence that would bolster self-defense claim mandates affirmance of denial of habeas corpus petition. 		Criminal Law and Procedure Aug. 9, 2016
People v. Dunn
Defendant ineligible for resentencing of felony petty theft with a prior to a misdemeanor under Proposition 47 due to prior juvenile adjudication requiring sex offender registration. 		Criminal Law and Procedure Aug. 8, 2016
U.S. v. Pridgette
Government's concession that record did not establish fact supporting defendant's sentence enhancement warrants remand for resentencing on closed record. 		Criminal Law and Procedure Aug. 8, 2016
People v. Fromuth
'Motivated by' language in online predator statute analogous to 'because of' language in hate crime statute, necessitating proof of 'motivation' as substantial factor in offense. 		Criminal Law and Procedure Aug. 5, 2016
People v. Moran
Probation condition that defendant stay out of all Home Depot stores and their parking lots permissible under state law and does not implicate constitutional right to travel. 		Criminal Law and Procedure Aug. 5, 2016
U.S. v. Smith
Members of the Los Angeles Sheriff's Dept. fail to overturn convictions related to their role in interfering with federal investigation of civil rights abuses at county jails. 		Criminal Law and Procedure Aug. 5, 2016
U.S. v. Lamott
Court properly instructs jury to disregard defendant's voluntary intoxication defense because assault by strangulation under federal assault statute is general intent crime. 		Criminal Law and Procedure Aug. 3, 2016
People v. Hamernik
Appeals court cannot review motion to amend information as trial court found it moot, improperly substituting lesser-included offense. 		Criminal Law and Procedure Aug. 3, 2016
People v. Falaniko
Attempted murder convictions overturned due to instructional error that allowed jury to convict defendant without finding of specific intent to kill each intended victim. 		Criminal Law and Procedure Aug. 2, 2016
U.S. v. Benally
Defendant's conviction for using a firearm in connection with a 'crime of violence' overturned in light of 'Leocal' and 'Fernandez-Ruiz.' 		Criminal Law and Procedure Aug. 2, 2016
U.S. v. Alvirez
Erroneous admission of unauthenticated Certificate of Indian Blood to establish defendant's Indian status requires reversal of conviction for assault resulting in serious bodily injury on Indian reservation. 		Criminal Law and Procedure Aug. 2, 2016
People v. Jackson
Judgment of death affirmed following convictions relating to murder and attempted murder of two elderly women, with remand ordered to recalculate noncapital portion of sentence. 		Criminal Law and Procedure Aug. 2, 2016
People v. Lexington National Insurance Corp.
Misdemeanor defendant's nonappearance at pre-trial hearing warrants bail forfeiture despite appearance through counsel where trial court ordered her to personally appear at scheduled hearing. 		Criminal Law and Procedure Aug. 1, 2016
U.S. v. Prigge
Defendant's decision not to testify at trial bars his claim on appeal challenging court's pre-trial decision not to preclude, in advance, impeachment with prior conviction. 		Criminal Law and Procedure Aug. 1, 2016
U.S. v. Lustig
Defendant may withdraw conditional guilty plea to child sex trafficking charges in light of concededly erroneous suppression motion ruling regarding warrantless searches of car cellphones. 		Criminal Law and Procedure Aug. 1, 2016
People v. Byrd
Failure to prove police officers were 'in a distinctive uniform' results in reversal of conviction for fleeing from pursuing police officer under Vehicle Code Section 2800.2. 		Criminal Law and Procedure Aug. 1, 2016
People v. Putney
Trial courts may not commit criminal defendants under the Sexually Violent Predators Act years before their sentences of incarceration are set to end. 		Criminal Law and Procedure Jul. 29, 2016
Munoz Santos v. Thomas
Evidence that statements were obtained by coercion may be treated as 'explanatory' evidence admissible in extradition hearing. 		Criminal Law and Procedure Jul. 29, 2016
People v. Curry
Defendant cannot escape plain language of Proposition 47 and must file petition for recall of sentence with trial court that entered her judgment of conviction. 		Criminal Law and Procedure Jul. 29, 2016
People v. Loya
Convictions reversed where exasperated judge's rejection of negotiated plea agreement without reason constituted abuse of discretion. 		Criminal Law and Procedure Jul. 28, 2016
People v. Johnson
Petitioning defendant, not prosecution, has initial burden of establishing eligibility for resentencing under Proposition 47. 		Criminal Law and Procedure Jul. 28, 2016
U.S. v. Wanland
All of defendant's arguments challenging convictions for tax related offenses lack merit, resulting in affirmance. 		Criminal Law and Procedure Jul. 28, 2016
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