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Commonwealth of Puerto Rico v. Valle
Puerto Rico cannot avail of dual-sovereign doctrine that would have allowed successive prosecution of illegal firearms sale that violated Puerto Rico Arms Act and analogous U.S. gun trafficking statutes.
Criminal Law and Procedure Jun. 9, 2016
People v. Montgomery
'Prior conviction' rendering applicant ineligible for redesignation of felony to misdemeanor under Proposition 47 is conviction that occurs prior to filing of application for redesignation.
Criminal Law and Procedure Jun. 9, 2016
Sifuentes v. Brazelton
Convicted murderer not entitled to habeas relief where California appellate court's rejection of 'Batson' claims were not objectively unreasonable under doubly-deferential standard of review.
Criminal Law and Procedure Jun. 9, 2016
People v. Eulian
Off-duty firefighter who punched cat lady into unconsciousness cannot escape assault and battery convictions based on allegedly erroneous self-defense jury instructions.
Criminal Law and Procedure Jun. 8, 2016
Currie v. McDowell
Denial of habeas corpus reversed where prosecutor once again removes African American juror via peremptory strike based on race.
Criminal Law and Procedure Jun. 8, 2016
People v. Hall
Order denying Proposition 47 resentencing affirmed where petitioner fails to show court abused discretion in finding him an unreasonable risk of danger to public safety.
Criminal Law and Procedure Jun. 7, 2016
U.S. v. Ornelas
In determining prisoner's eligibility for sentence reduction, court must calculate the guideline range by using criminal history category applicable before any consideration of downward departure.
Criminal Law and Procedure Jun. 6, 2016
U.S. v. Loveland
Conviction for conspiracy to possess methamphetamine with intent to distribute vacated due to lack of evidence of agreement to resell the drugs.
Criminal Law and Procedure Jun. 5, 2016
People v. Garlinger
'Kelly' standard for admission of new scientific techniques does not apply to cell phone records that triangulated robber's location on night of robbery.
Criminal Law and Procedure Jun. 2, 2016
People v. Castillolopez
Conviction properly reversed where Swiss Army Knife with collapsible blade does not qualify as 'dirk or dagger' because blade does not lock into position.
Criminal Law and Procedure Jun. 2, 2016
U.S. v. Spears
Drug offender may not benefit from recent amendment to sentencing guideline that increased triggering threshold for certain crack cocaine offenses.
Criminal Law and Procedure Jun. 2, 2016
People v. Garcia
Convictions for forcible lewd acts on child upheld where prosecution need not establish when offenses actually occurred since information only refers to "on or about" dates.
Criminal Law and Procedure Jun. 1, 2016
People v. Acosta
Defendant unsuccessful in challenging imposition of prior prison term enhancements on aggregate sentence where enhancements do not attach to a particular count or case.
Criminal Law and Procedure Jun. 1, 2016
People v. Zendejas
Where multiple defendants are charged with common crimes based on common events, court did not err in trying defendant jointly, notwithstanding defendant's claim it caused her torment.
Criminal Law and Procedure Jun. 1, 2016
People v. Santa Ana
Following credit for period of custody against probationary jail term from earlier case, court properly did not also credit that period against consecutive jail term in instant case.
Criminal Law and Procedure Jun. 1, 2016
Gray v. Superior Court (People)
Trial court's denial of fee request by defendant in criminal infraction case is not appealable because such order does not affect substantial rights.
Criminal Law and Procedure Jun. 1, 2016
People v. Potts
Defendant, who was under home detention program, commits felony escape when he willfully took a detour from work prior to end of workday.
Criminal Law and Procedure Jun. 1, 2016
People v. Zamarripa
Individual seeking reclassification of felony under Prop. 47 may be disqualified by certain 'prior' convictions, whether or not those priors occurred before or after the offense for which the individual seeks reclassification.
Criminal Law and Procedure Jun. 1, 2016
Johnson v. Lee
California's procedural bar of defaulted claims under <EM>In re Dixon</EM> is adequate; Ninth Circuit's decision to contrary reversed.
Criminal Law and Procedure May 31, 2016
Lynch v. Arizona
Capital defendant who is ineligible for parole under Arizona law has due process right to inform jury of this fact under 'Simmons.'
Criminal Law and Procedure May 31, 2016
U.S. v. Inouye
No abuse of discretion in setting restitution at eight percent of defendant's gross monthly income in connection with revocation of supervised release.
Criminal Law and Procedure May 31, 2016
People v. Bankers Insurance Co.
Filing of amended complaint does not warrant exoneration of bond where amendment, though unauthorized, did not materially increase surety's risk under the bond.
Criminal Law and Procedure May 31, 2016
People v. Nice
Police officer's visual speed estimation, combined with experience and expertise, provided reasonable suspicion for traffic stop, defeating defendants' suppression motion.
Criminal Law and Procedure May 30, 2016
People v. Young
Warrantless search of sex offender lawful though occurring one year and one day after initial placement on postrelease community supervision, which year no violation occurred.
Criminal Law and Procedure May 30, 2016
People v. Vasquez
Defendants unsuccessful in challenging imposition of gang enhancements where prosecution presents sufficient evidence that multiple Norteno gang subsets acted as single group.
Criminal Law and Procedure May 26, 2016
Smith v. Ryan
Denial of federal habeas petition proper in case challenging death sentence under Antiterrorism and Effective Death Penalty Act.
Criminal Law and Procedure May 26, 2016
People v. Salazar
Sentencing court may use defendant's prior juvenile murder conviction as basis for special circumstance that made current first degree murder conviction punishable by death.
Criminal Law and Procedure May 26, 2016
People v. Franklin
Constitutional claim by juvenile homicide offender serving two consecutive 25-years-to-life sentences rendered moot by newly-enacted statutes requiring parole hearing by 25th year of incarceration.
Criminal Law and Procedure May 26, 2016
In re Richards
Husband convicted of wife's murder obtains habeas relief following expert witness's retraction of bite mark testimony, which constituted 'false evidence' under recently-amended Penal Code Section 1473.
Criminal Law and Procedure May 26, 2016
Jackson v. Superior Court (People)
Following denial of relief to petitioner ordered committed to state hospital, court urges Legislature to amend Penal Code Section 1370(c)(2) to provide courts more clarity.
Criminal Law and Procedure May 25, 2016