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U.S. v. Lundin
Court correctly suppresses handguns seized from defendant's home following a warrantless search that is not justified by exigent circumstances.
Criminal Law and Procedure Mar. 23, 2016
People v. Bush
Petitioner's felony convictions for receiving stolen property may be eligible for resentencing as misdemeanors under Proposition 47, where record is unclear whether property involved exceeded $950.
Criminal Law and Procedure Mar. 23, 2016
People v. Aguilar
Defendant's prior felony conviction for carrying concealed firearm in a vehicle is crime of moral turpitude admissible for impeachment purposes.
Criminal Law and Procedure Mar. 23, 2016
People v. Giron-Chamul
Young daughter's refusal to answer many questions regarding father's offense of conviction warranted reversal where it constituted violation of his constitutional right to confrontation.
Criminal Law and Procedure Mar. 22, 2016
Shirley v. Yates
Prisoner obtains habeas relief following court's error in denying 'Batson' claim alleging racial discrimination in prosecutor's dismissal of black veniremember.
Criminal Law and Procedure Mar. 22, 2016
Frost v. Gilbert
Error preventing counsel from making alternative arguments in summation not prejudicial, where insufficiency argument would have 'fallen on deaf ears' due to overwhelming prosecutorial evidence.
Criminal Law and Procedure Mar. 22, 2016
U.S. v. Nickle
District court erroneously rejects drug offender's plea though his plea otherwise met Federal Rule of Civil Procedure 11(b)'s requirements.
Criminal Law and Procedure Mar. 22, 2016
People v. Smith
Continuance should be granted under PC 1050 where preliminary hearing will still fall within statutorily mandated ten-day window (PC 859(b)), even absent good cause.
Criminal Law and Procedure Mar. 21, 2016
People v. Adams
Cousins' convictions for forcible rape in concert, aggravated kidnapping, and related offenses remain intact despite error in failing to stay punishment on kidnapping conviction.
Criminal Law and Procedure Mar. 18, 2016
People v. Juarez
Conspiracy charges that contain all elements of twice-dismissed attempted murder charges must be dismissed because they constitute 'the same offense' under Penal Code Section 1387.
Criminal Law and Procedure Mar. 18, 2016
People v. Medina
Aider and abettor's active involvement in every element of attempted robbery that ended in murder supported sentencing court's special circumstance finding.
Criminal Law and Procedure Mar. 18, 2016
People v. Myers
Denial of Proposition 36 resentencing petition affirmed where court does not err in use of definition regarding 'unreasonable risk of danger to public safety.'
Criminal Law and Procedure Mar. 18, 2016
People v. Appleton
Probation condition allowing for searches of defendant's computers and electronic devices struck as unconstitutionally overbroad, requiring remand to fashion more narrowly-tailored condition.
Criminal Law and Procedure Mar. 17, 2016
People v. Valencia
Man who used fake $50 bills to purchase prepaid cellphone worth less than $950 is eligible for resentencing under new shoplifting law in Proposition 47.
Criminal Law and Procedure Mar. 17, 2016
People v. Nestdrop
Defendants, makers of marijuana delivery 'app', unsuccessful in overturning preliminary injunction because Proposition D prohibits virtually all deliveries of marijuana by vehicle.
Criminal Law and Procedure Mar. 16, 2016
People v. Franco
Face value, rather than 'actual' value, of forged check pertinent question in Prop 47 resentencing.
Criminal Law and Procedure Mar. 16, 2016
People v. Hutton
Defendant erroneously denied presentence custody credits though he was on 'sheriff's parole' and, therefore, not 'in custody,' at time of his arrest.
Criminal Law and Procedure Mar. 16, 2016
Daire v. Lattimore
Counsel's omission of defendant's mental illness does not run afoul of 'Strickland,' which applies to ineffective assistance of counsel in noncapital cases, precluding habeas relief.
Criminal Law and Procedure Mar. 16, 2016
Burton v. Davis
Habeas relief properly granted to California prisoner where state courts failed to adequately determine the merits of his 'Faretta' request for self-representation in murder trial.
Criminal Law and Procedure Mar. 11, 2016
People v. Root
Defendant entitled to relief under Proposition 47 because entry into bank to commit theft by false pretenses in amounts under $950 qualifies as 'shoplifting.'
Criminal Law and Procedure Mar. 11, 2016
U.S. v. Reza-Ramos
Felony murder conviction vacated where court errs in defining 'burglary' under federal murder statute by reference to Arizona's burglary statute.
Criminal Law and Procedure Mar. 10, 2016
People v. Arevalo
Acquittal on weapons charge and arming allegation precludes resentencing court from finding inmate ineligible for resentencing consideration.
Criminal Law and Procedure Mar. 10, 2016
McWilliams v. Alabama
Order
Criminal Law and Procedure Mar. 10, 2016
Storey v. Alabama
Order
Criminal Law and Procedure Mar. 10, 2016
Thompson v. Roy, Comm'r
Order
Criminal Law and Procedure Mar. 10, 2016
Baker v. Alabama
Order
Criminal Law and Procedure Mar. 10, 2016
Duke v. Alabama
Order
Criminal Law and Procedure Mar. 10, 2016
Presley v. Alabama
Order
Criminal Law and Procedure Mar. 10, 2016
People v. Garcia
Proposition 47's statutory scheme allowing recall of sentence applies to all those with felony dispositions, including those placed on probation who otherwise meet the conditions specified therein.
Criminal Law and Procedure Mar. 9, 2016
Wearry v. Cain
'Brady' violation from prosecution's failure to turn over evidence supporting inmate's innocence results in reversal of state postconviction court's denial of relief.
Criminal Law and Procedure Mar. 8, 2016