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Name Category Published
People v. Townsel
Instructional error that effectively precluded jury from considering evidence of defendant's intellectual disability warrants reversal of dissuading a witness charge, but otherwise left murder convictions intact. 		Criminal Law and Procedure Apr. 22, 2016
In re Johnson
In light of 'People v. Chiu,' defendant's conviction for first degree premeditated murder based on natural and probable consequences theory of aiding and abetting vacated. 		Criminal Law and Procedure Apr. 21, 2016
Molina-Martinez v. United States
Courts reviewing sentencing errors cannot apply categorical rule requiring additional evidence when district court applies incorrect range but nevertheless sentences defendant within correct range. 		Criminal Law and Procedure Apr. 21, 2016
U.S. Onuoha
Potentially excessive expert-recommended dosage fails to satisfy 'Sell' factor requiring that involuntary medication, to render defendant fit for trial, be in defendant's 'best medical interest.' 		Criminal Law and Procedure Apr. 21, 2016
U.S. v. Diaz
Reduction of prior felony conviction to misdemeanor under Proposition 47 does not affect federal sentence enhancement of life imprisonment that is based on that conviction. 		Criminal Law and Procedure Apr. 21, 2016
People v. Reid
Multiple counts of grand theft permissible notwithstanding 'Bailey' rule where defendant removed several urns from mausoleum to sell as scrap metal. 		Criminal Law and Procedure Apr. 21, 2016
People v. Nicholes
Gang enhancements stricken where prosecution's gang expert's testimony insufficient to meet requirement under 'People v. Prunty' regarding gang subsets. 		Criminal Law and Procedure Apr. 21, 2016
People v. Abdallah
One year enhancement under Penal Code Section 667.5(b) inapplicable where court recalls felony conviction and resentences defendant under Proposition 47 before sentencing on current case. 		Criminal Law and Procedure Apr. 20, 2016
People v. Jimenez
Man convicted of sexually penetrating unconscious niece fails to overturn convictions by attacking trial court's instructions regarding victim's character. 		Criminal Law and Procedure Apr. 20, 2016
People v. Lucero
Appropriate for trial court to instruct jury not to consider voluntary intoxication evidence in relation to firearm-use enhancements, as the enhancements required only general intent. 		Criminal Law and Procedure Apr. 20, 2016
People v. Grays
Refusal to provide Penal Code Section 198.5 jury instruction regarding unwanted intruders in one's residence was erroneous, but harmless. 		Criminal Law and Procedure Apr. 19, 2016
Welch v. U.S.
U.S. Supreme Courts decides retroactivity of 'Johnson,' which altered what and whom may be punished under Armed Criminal Career Act's 15-year mandatory minimum sentence. 		Criminal Law and Procedure Apr. 19, 2016
People v. Dunley
Mentally-disordered offenders are similarly situated with NGIs and SVPs with respect to testimonial privilege provided for in Penal Code Section 1026.5(b)(7). 		Criminal Law and Procedure Apr. 19, 2016
People v. Cardona
Kill zone instruction inappropriate when defendant's shot was primarily motivated by self-defense during course of ill-fated robbery. 		Criminal Law and Procedure Apr. 18, 2016
People v. Weddington
Trial court has no duty to sua sponte instruct on lesser included offense of misdemeanor evading where there was no evidence defendants committed the misdemeanor, but not felony, evading. 		Criminal Law and Procedure Apr. 15, 2016
Turner v. McEwen
Habeas petition correctly denied where defendant claims to have been substantially prejudiced by head shaking of trial spectator during victim's testimony. 		Criminal Law and Procedure Apr. 15, 2016
U.S. v. Bernardo
Transporting illegal alien within dashboard meets standard for sentencing enhancement applied to offenses that involve creation of substantial risk of death or bodily injury. 		Criminal Law and Procedure Apr. 14, 2016
U.S. v. Argueta-Rosales
Application of incorrect legal standard that fails to require proof of specific intent results in vacated conviction for attempted illegal reentry and remand. 		Criminal Law and Procedure Apr. 13, 2016
U.S. v. Rosales-Aguilar
Defendant's prior inconsistent statements elicited via cross-examination of a defense psychiatrist properly admitted as impeachment evidence. 		Criminal Law and Procedure Apr. 13, 2016
U.S. v. Parnell
Defendant's conviction under Massachusetts armed robbery statute does not qualify as violent felony under Armed Career Criminal Act, resulting in vacated sentence and remand. 		Criminal Law and Procedure Apr. 13, 2016
U.S. v. Pete
Indigent defendant entitled to vacation of, and additional resentencing on, 708 months sentence in order to allow for appointment of neuropsychological expert. 		Criminal Law and Procedure Apr. 12, 2016
Gallegos v. Ryan
Trial counsel's decision to concede defendant's involvement in horrendous crime, involving the rape and murder of young girl, does not warrant habeas relief. 		Criminal Law and Procedure Apr. 8, 2016
People v. Turner
Juvenile's 84-years-to-life sentence upheld in light of Senate Bill No. 260, which entitled him to parole hearing after 25 years of imprisonment. 		Criminal Law and Procedure Apr. 7, 2016
In re Lopez
Petitioner entitled to habeas relief because being an aider and abettor under natural and probable consequences doctrine does not support first-degree murder conviction. 		Criminal Law and Procedure Apr. 7, 2016
People v. Tidwell
Dismissal of felonies under Penal Code Section 1203.4 does not preclude Prop. 47 relief (reduction of felonies to misdemeanors) pursuant to Section 1170.18. 		Criminal Law and Procedure Apr. 6, 2016
People v. Eagle
Although defendant entitled to benefits following amendment to transporting methamphetamine statute, remand to allow retrial is proper remedy - not vacation of conviction. 		Criminal Law and Procedure Apr. 6, 2016
Woods v. Etherton
Appellate Court improperly granted habeas relief to drug offender where fair minded jurists could disagree on alleged confrontation rights violation. 		Criminal Law and Procedure Apr. 5, 2016
Nichols v. United States
Defendant wins reversal of conviction for failing to update his sex offender registration where he no longer 'resides' in Kansas upon move to Philippines. 		Criminal Law and Procedure Apr. 5, 2016
Morgan v. Beaumont Police Dept.
Police department not immune in wrongful suit action where it fails to show promulgation of vehicle pursuit policy through written certification from all officers. 		Criminal Law and Procedure Apr. 5, 2016
People v. Sanchez
Sex offender's conviction upheld despite absence of direct evidence of sexual penetration where confession and circumstantial evidence more than sufficient to establish corpus delicti of crime. 		Criminal Law and Procedure Apr. 5, 2016
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