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People v. Wade
Defendant carries a firearm 'on his person' within Penal Code Section 25850(a)'s meaning if he is wearing backpack containing firearm.
Criminal Law and Procedure May 10, 2016
People v. Cortez
Murder convictions, reversed on appeal, reinstated where trial court commits no error relating in part to prosecutor's comments on reasonable doubt standard.
Criminal Law and Procedure May 10, 2016
Gimenez v. Ochoa
Father's murder conviction upheld in connection with infant daughter's death due to shaken baby syndrome.
Criminal Law and Procedure May 10, 2016
People v. Landau
Pedophile obtains relief from order recommitting him as sexually violent predator due to court's prejudicial error in admitting 'massive amount of inadmissible hearsay.'
Criminal Law and Procedure May 9, 2016
People v. Johnston
Vehicle Code offense that allows, and continues to allow punishment as misdemeanor or felony, is ineligible for retrospective resentencing relief under Penal Code Section 1170.18.
Criminal Law and Procedure May 9, 2016
U.S. v. Lee
Prior convictions are not "crime of violence" under residual clause of Section 4B1.2(a)(2) of United States Sentencing Guidelines, resulting in vacated sentence and remand.
Criminal Law and Procedure May 9, 2016
Rishor v. Ferguson
Denial of habeas relief reinstated where district court erroneously determined that defendant, who validly waived counsel at first trial, was entitled to second waiver of counsel hearing on remand.
Criminal Law and Procedure May 9, 2016
U.S. v. Vega-Ortiz
Denial of motion to dismiss information charging defendant with being deported alien found in United States proper where prior convictions qualify as aggravated felonies.
Criminal Law and Procedure May 9, 2016
People v. Brown
Gang member's first degree murder conviction overturned due to erroneous and prejudicial prosecution under natural and probable consequences theory of aiding and abetting.
Criminal Law and Procedure May 6, 2016
People v. Mohamed
Doctor properly convicted of involuntary manslaughter in death of liposuction patient where substantial evidence supported he was criminally negligent in performing procedure.
Criminal Law and Procedure May 5, 2016
U.S. v. Ornelas
Sentence imposed in absentia lawful where defendant's appeal waiver is valid and he was 'voluntarily absent' for sentencing hearing.
Criminal Law and Procedure May 5, 2016
People v. Roach
Nothing in Proposition 47's resentencing provision prohibits court from imposing same aggregate term upon resentencing, provided new term is proper under generally-applicable sentencing procedures.
Criminal Law and Procedure May 5, 2016
People v. Fruits
In elder abuse prosecution, son's prior acts of elder abuse against his mother admissible in relation to offense of making criminal threats.
Criminal Law and Procedure May 5, 2016
Ocasio v. U.S.
Officer properly convicted of conspiring to violate Hobbs Act, though kickback scheme did not involve obtaining money from anyone outside the conspiracy.
Criminal Law and Procedure May 3, 2016
People v. Valdez
Prop. 47's 'unreasonable risk of danger to public safety' standard appropriate standard to apply to resentencing petitions under Prop. 36.
Criminal Law and Procedure May 2, 2016
In re J.C.
Minor who successfully petitions under Proposition 47 to reduce felony shoplifting conviction to misdemeanor not also entitled to expungement of her DNA record.
Criminal Law and Procedure May 2, 2016
People v. Gonzalez
Felony-murder convictions affirmed where, with the exception of claim regarding parole revocation fines, defendants' multiple other claims of error are unavailing.
Criminal Law and Procedure May 2, 2016
U.S. v. Adebimpe
In Medicare fraud case, 'abuse-of-trust' sentencing enhancement properly applied to husband and wife team that supplied power wheelchairs to people that did not need them.
Criminal Law and Procedure Apr. 29, 2016
People v. Martinez
Appellate court need not independently review appellate record for meritorious issues in appeal from extension of civil commitment of individual found not guilty by reason of insanity.
Criminal Law and Procedure Apr. 28, 2016
People v. Bradshaw
Because remand necessary to determine defendant's eligibility for mandatory probation and drug treatment, judicial efficiency also permits remand to determine resentencing under Proposition 47.
Criminal Law and Procedure Apr. 28, 2016
People v. McGehee
Failure to instruct on involuntary manslaughter in murder case involving hallucinated demon attack does not warrant reversal of second degree murder conviction.
Criminal Law and Procedure Apr. 27, 2016
People v. Jones
Remand not warranted where current law does not require trial court to provide written reason in minutes for dismissing defendant's strikes.
Criminal Law and Procedure Apr. 27, 2016
In re Gomez
Habeas relief granted to Pelican Bay State Prison inmate who was disciplined for participating in planned hunger strike to protest state's solitary confinement practices.
Criminal Law and Procedure Apr. 26, 2016
People v. Steele
Deputies' safety justified brief detention of second driver whose vehicle was sandwiched between patrol car and lead vehicle that deputies intended to stop on outstanding warrant.
Criminal Law and Procedure Apr. 26, 2016
In re Busch
Petition for writ of habeas corpus denied where Governor's decision to reverse grant of parole for inmate convicted of second degree murder is supported by 'some evidence.'
Criminal Law and Procedure Apr. 25, 2016
People v. Alvarez
Substantial evidence supports aggravated kidnapping convictions and kidnapping sentencing enhancements where defendant police officer could not rely on lawful arrest defense.
Criminal Law and Procedure Apr. 25, 2016
People v. Byron
Post Release Community Supervision properly revoked over drug user's allegations of due process violations related to timing of her arraignment and probable cause hearing.
Criminal Law and Procedure Apr. 25, 2016
People v. Vasquez
First degree premeditated murder conviction affirmed where jury properly instructed on direct aiding and abetting theory.
Criminal Law and Procedure Apr. 25, 2016
People v. Landau
Pedophile obtains relief from order recommitting him as sexually violent predator due to court's prejudicial error in admitting 'massive amount of inadmissible hearsay.'
Criminal Law and Procedure Apr. 22, 2016
People v. Caraballo
Inmate disqualified from resentencing relief as second strike offender under Prop. 36 because he was 'vicariously armed' during commission of current offense.
Criminal Law and Procedure Apr. 22, 2016