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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. 7, 2016
Hedlund v. Ryan
Reversal of district court's denial of petitioner's writ of habeas corpus required due to Arizona Supreme Court's unconstitutional application of 'causal nexus' test.
Criminal Law and Procedure Mar. 7, 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. 4, 2016
Tarango v. McDaniel
Nevada prisoner is entitled to habeas relief where state supreme court failed to consider potential prejudicial impact of police contact with known hold-out juror.
Criminal Law and Procedure Mar. 4, 2016
U.S. v. Werle
'Felony riot' conviction under Washington law does not trigger Armed Career Criminal Act's 15-year mandatory minimum sentence where offense did not constitute 'violent felony.'
Criminal Law and Procedure Mar. 4, 2016
People v. Williams
Proposition 47-based felony redesignations are not retroactive such that they upset sentencing enhancements based upon felonies that were subsequently redesignated as misdemeanors.
Criminal Law and Procedure Mar. 4, 2016
People v. Foy
Admission of witness's former testimony without finding of constitutional unavailability violates defendant's confrontation rights under the Sixth Amendment.
Criminal Law and Procedure Mar. 3, 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. 3, 2016
U.S. v. Medina-Carrasco
Appeal dismissed where defendant is sentenced according to plea agreement and his waiver of appellate rights is valid and enforceable.
Criminal Law and Procedure Mar. 3, 2016
Mendez v. County of Los Angeles
Deputies entitled to qualified immunity for violating knock-and-announce rule where law at the time was not clearly established.
Criminal Law and Procedure Mar. 3, 2016
U.S. v. Lemus
Comparison of drugs that were not tied to defendant is insufficient to support jury's quantity finding, warranting reversal and remand for resentencing.
Criminal Law and Procedure Mar. 3, 2016
People v. Rouse
Inmate found to be eligible for resentencing under Penal Code Section 1170.18, Proposition 47, is entitled to assistance of counsel at resentencing stage.
Criminal Law and Procedure Mar. 2, 2016
Lockhart v. U.S.
Statutory minimum sentence enhancement under 18 U.S.C. Section 2252(b)(2) applies to defendant's prior state conviction for sexual abuse whether or not conviction involved a minor or ward.
Criminal Law and Procedure Mar. 2, 2016
U.S. v. Murguia-Rodriguez
Court's dismissal of defendant's interpreter without adhering to procedural requirements of the Court Interpreter's Act results in vacation of sentence and remand.
Criminal Law and Procedure Mar. 2, 2016
People v. Dobson
Penal Code Section 1170.126, which allows certain inmates to recall sentences pursuant to Three Strikes Reform Act of 2012, does not apply to insanity committees.
Criminal Law and Procedure Mar. 2, 2016
People v. Chen
Reversal required where court's order reducing defendant's felony second degree burglary conviction to misdemeanor second degree burglary is not authorized by Proposition 47.
Criminal Law and Procedure Mar. 2, 2016
People v. Bias
Defendant ineligible for Prop 47 relief, as resentencing language does not pertain to defendant's particular crime of identity theft.
Criminal Law and Procedure Mar. 1, 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 Feb. 29, 2016
People v. Descano
Conviction for cultivating marijuana is not eligible for resentencing under Proposition 47; nor does its exclusion as offense eligible for resentencing violate equal protection.
Criminal Law and Procedure Feb. 29, 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 Feb. 29, 2016
U.S. v. Hernandez-Castro
Defendant may not appeal sentence for breach of plea agreement where government fails to object to sentencing departure that differs from stipulation, especially where eventual sentence falls below stipulated range.
Criminal Law and Procedure Feb. 26, 2016
People v. Garcia
Burglar's mere entries with felonious intent into structure and bathroom within that structure do not permit multiple burglary convictions.
Criminal Law and Procedure Feb. 26, 2016
People v. Garcia
Defendants unsuccessful in challenging robbery convictions; gang enhancement also upheld where there is sufficient evidence to sustain jury's true finding.
Criminal Law and Procedure Feb. 24, 2016
People v. Quiroz
A trial court does not have jurisdiction to convene a competency hearing after a state hospital certifies that an involuntarily confined defendant is not likely to regain competence.
Criminal Law and Procedure Feb. 24, 2016
In re Andres
Order granting habeas corpus petition affirmed where inmate timely filed appeal and was not required to use any specific mail procedure in filing appeal.
Criminal Law and Procedure Feb. 24, 2016
In re Kirchner
Defendant, sentenced as a juvenile to life without possibility of parole, must pursue remedy providing opportunity for parole hearing before resorting to habeas relief.
Criminal Law and Procedure Feb. 24, 2016
People v. Masters
Defendant's claims of error rejected; judgment of death for first degree murder of correctional officer affirmed in its entirety.
Criminal Law and Procedure Feb. 23, 2016
Kao v. California Dept. of Corrections and Rehabilitation
Inmate, seeking to compel processing of his disciplinary appeal, successful in reversing denial of petition for writ of mandate for untimeliness.
Criminal Law and Procedure Feb. 23, 2016
People v. Perry
In petition for resentencing under Proposition 47, resentencing court properly declined People's request to invalidate plea agreement and reinstate previously dismissed charges against petitioner.
Criminal Law and Procedure Feb. 22, 2016
In re Kocontes
Petition for writ of habeas corpus denied; collateral estoppel does not bar new complaint filed after dismissal of prior complaint alleging same offense.
Criminal Law and Procedure Feb. 22, 2016