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U.S. v. Alexander
Although 9.6 month delay 'troublesome,' defendant not deprived of right to speedy trial upon weighing of 'Barker v. Wingo' factors.
Criminal Law and Procedure Apr. 4, 2016
Liao v. Junious
Parolee granted habeas relief where trial counsel's failure to secure medical evidence to support crucial 'sleepwalking' defense resulted in 'extreme malfunction of justice.'
Criminal Law and Procedure Apr. 4, 2016
People v. Poisson
Ear-slasher may be convicted of both mayhem and battery with serious bodily injury because the latter offense is not a lesser included offense of mayhem.
Criminal Law and Procedure Apr. 1, 2016
People v. Davis
Persons on probation for a felony conviction are 'currently serving a sentence' for purposes of Proposition 47, under which they must petition for resentencing.
Criminal Law and Procedure Apr. 1, 2016
U.S. v. Magallon-Lopez
Motion to suppress drugs found in vehicle properly denied where officer's lie regarding reason for stop permissible because undisclosed facts sufficed to establish reasonable suspicion.
Criminal Law and Procedure Apr. 1, 2016
People v. Woodworth
Court's error in failing to realize it had discretion to impose consecutive, rather than concurrent, sentence results in vacated sentence and remand.
Criminal Law and Procedure Mar. 31, 2016
Luis v. U.S.
Pretrial restraint of legitimate, 'untainted' assets (assets not traceable to alleged crime) needed to retain counsel of choice violates Sixth Amendment.
Criminal Law and Procedure Mar. 31, 2016
U.S. v. Backman
Woman's asserted instructional errors are insufficient to overturn her conviction for sex trafficking under the Trafficking Victims Protection Act of 2000.
Criminal Law and Procedure Mar. 31, 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 Mar. 31, 2016
People v. Gutierrez
Court may not revoke post-release community supervision after probationer commits non-violent drug offense without first determining whether probationer qualifies for treatment alternative pursuant to Prop 36.
Criminal Law and Procedure Mar. 31, 2016
People v. Reyes
Prosecutor's rebuttal argument concerning teenage victim's sexual orientation does not constitute misconduct that would justify reversal of rapist's convictions.
Criminal Law and Procedure Mar. 31, 2016
People v. Reyes
Prosecutor's rebuttal argument concerning teenage victim's sexual orientation does not constitute misconduct that would justify reversal of rapist's convictions.
Criminal Law and Procedure Mar. 31, 2016
People v. Fedalizo
Where appointed public defender waives resentencing petitioner's right to appear (pursuant, ostensibly, to petitioner's direction), petitioner cannot claim his constitutional right to self-representation was violated.
Criminal Law and Procedure Mar. 31, 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 Mar. 31, 2016
People v. Sanchez
Criminal defendant's constitutional and statutory right to be present at sentencing violated where court resentenced him in his absence.
Criminal Law and Procedure Mar. 30, 2016
U.S. v. Hernandez-Lara
Sentence affirmed where definition of "crime of violence" is unconstitutionally vague and thus cannot provide basis upon which to impose sentencing enhancement.
Criminal Law and Procedure Mar. 30, 2016
People v. Ybarra
Where counts from different violent offenses are joined, as being within the 'same class of crimes,' undue prejudice does not exist merely because evidence from two offenses is moderately imbalanced, or because evidence is not cross-admissible.
Criminal Law and Procedure Mar. 30, 2016
Brooks v. Yates
Counsel's 'virtual abandonment' of his client amounts to extraordinary circumstance warranting relief under FRCP 60(b) following dismissal of client's habeas petition as untimely.
Criminal Law and Procedure Mar. 29, 2016
U.S. v. Basa
Sentencing enhancement applies to sex trafficking conviction even though defendant did not herself have sex with victims; nor was application of additional enhancement impermissible double counting.
Criminal Law and Procedure Mar. 29, 2016
People v. Rangel
Defendant's failure to raise meritorious claims of error results in affirmance of judgment of death for first degree murder convictions.
Criminal Law and Procedure Mar. 29, 2016
People v. Rogers
Where defendant waives preliminary hearing, additional counts and enhancements may not be subsequently added, as any such additions must be based on evidence presented at a preliminary hearing.
Criminal Law and Procedure Mar. 29, 2016
People v. Arellano
Convictions for possession of assault weapon and active participation in criminal street gang reversed where 'Batson/Wheeler' motion alleging dismissal based on race wrongly denied.
Criminal Law and Procedure Mar. 28, 2016
People v. Zaun
Burglar fails to overturn attempt convictions over aborted burglaries of occupied homes committed in 2013.
Criminal Law and Procedure Mar. 28, 2016
People v. Florez
Use of 'shall' in Prop 36 resentencing statute does not create presumption favoring resentencing of eligible petitioners.
Criminal Law and Procedure Mar. 28, 2016
People v. Soto
Probation condition requiring probationer to obtain permission before changing residence or leaving California is unconstitutional.
Criminal Law and Procedure Mar. 28, 2016
People v. Brown
Conviction for resisting a police officer conditionally reversed where judge failed to sua sponte instruct jury on lesser necessarily included offense of simple assault.
Criminal Law and Procedure Mar. 25, 2016
People v. Solis
Taking an auto, in violation of Vehicle Code Section 10851(a), not an offense eligible for resentencing under Proposition 47.
Criminal Law and Procedure Mar. 25, 2016
People v. Kelly
Where same act of kidnapping supported both aggravated kidnapping circumstance and simple kidnapping conviction, sentencing court must stay latter sentence under Penal Code Section 654.
Criminal Law and Procedure Mar. 25, 2016
People v. Arredondo
Consent imputed to California drivers cannot itself justify warrantless blood draw from unconscious driver; nevertheless, drunk driving conviction is upheld.
Criminal Law and Procedure Mar. 25, 2016
Habeas Corpus Resource Center v. United States Dept. of Justice
Case challenging Attorney General's regulations dismissed for lack of jurisdiction where criminal defender organizations suffer no injury in fact and thus lack standing.
Criminal Law and Procedure Mar. 24, 2016