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Name Category Published
People v. Ortega
Forcible sexual penetration conviction reversed where defendant prejudiced by failure to instruct on lesser included offense of sexual battery. 		Criminal Law and Procedure Sep. 30, 2015
U.S. v. Fowlkes
The 4th Amendment rights of an arrestee are violated when officers forcibly remove an unidentified item of unknown size from the detainee's rectum without medical training or a warrant. 		Criminal Law and Procedure Sep. 29, 2015
People v. Sellner
Offender fails to overturn trial court order resentencing her to two years felony jail for receiving stolen property under Proposition 47. 		Criminal Law and Procedure Sep. 25, 2015
U.S. v. Flores
Although government misrepresented testimony and misstated law on multiple occasions, defendant could not show the misconduct rose to level of plain error. 		Criminal Law and Procedure Sep. 24, 2015
People v. Vasquez
Former tenant commits burglary in house he formerly lived in although it appeared uninhabited due to sparse belongings inside. 		Criminal Law and Procedure Sep. 21, 2015
People v. Superior Court (Troyer)
Alleged deficiencies contained in evaluation reports do not constitute 'material legal error' and dismissal of sexually violent predator recommitment petition was thereby improper. 		Criminal Law and Procedure Sep. 21, 2015
People v. Reese
Denial of opening statements and closing arguments transcript does not violate pro per defendant's equal protection rights. 		Criminal Law and Procedure Sep. 18, 2015
U.S. v. Rosales-Gonzales
Trial court need not accede to sentencing departure purely on joint recommendation of parties; sentence upheld where application of Guidelines is reasonable, and not a manipulation to reach a desired sentence. 		Criminal Law and Procedure Sep. 17, 2015
County of Los Angeles v. Financial Casualty & Surety Inc.
Writing hearing date on bond does not make defendant's appearance 'lawfully required' for bail forfeiture purposes. 		Criminal Law and Procedure Sep. 17, 2015
People v. Brown
When defendant raises substantial evidence challenge, and unanimity instruction would otherwise have been required, review limited to whether sufficient evidence supports conviction based on act elected by prosecution. 		Criminal Law and Procedure Sep. 16, 2015
People v. Nelson
Where defendant solicits second party to solicit a third party to commit murder, sufficient connection exists to uphold solicitation of murder conviction. 		Criminal Law and Procedure Sep. 16, 2015
People v. Lopez
Repetitive and strange romantic pursuits represent credible threat to support stalking conviction, though communications lacked any 'overt threats.' 		Criminal Law and Procedure Sep. 15, 2015
People v. Shenouda
Offender's prior conviction, lack of remorse, and serial offenses support court's denial of parole and imposition of six year sentence. 		Criminal Law and Procedure Sep. 15, 2015
People v. Faranso
A California court lacks jurisdiction to issue a certificate of rehabilitation to a person convicted of a crime in a sister state. 		Criminal Law and Procedure Sep. 15, 2015
U.S. v. Myers
Judiciary's participation in plea negotiations, although improper, does not warrant reversal of criminal judgment where error was not prejudicial. 		Criminal Law and Procedure Sep. 15, 2015
People v. Nettles
Inmate not entitled to resentencing under Proposition 36 because he had disqualifying strikes for assault with intent to commit rape, a 'sexually violent offense.' 		Criminal Law and Procedure Sep. 14, 2015
People v. Amaya
Court does not err in reinstating original sentence following Proposition 36 resentencing that resulted in void judgment. 		Criminal Law and Procedure Sep. 11, 2015
Taylor v. San Diego Cty.
Because sexually violent predators are not similarly situated to other categories of mentally impaired detainees, denial of petitioner's equal protection claim was proper. 		Criminal Law and Procedure Sep. 10, 2015
U.S. v. Augare
Offender's coordinated and repetitive scheme of transferring project funds to his personal bank account, although not elaborate, nevertheless warranted 'sophisticated means' sentencing enhancement. 		Criminal Law and Procedure Sep. 10, 2015
People v. Lewis
There is no 'Brady' violation relating to last-minute disclosure of arresting officer's criminal charges where there is not reasonable probability disclosure would have altered convictions. 		Criminal Law and Procedure Sep. 10, 2015
People v. Arias
Juvenile adjudication constituting a conviction for purposes of sentencing under three strikes law also constitutes a conviction for purposes of determining eligibility for resentencing. 		Criminal Law and Procedure Sep. 9, 2015
People v. Uffelman
Based on legislative history, Penal Code catchall fine provision may be applied in addition to mandatory $10 fine applied to burglary convicts. 		Criminal Law and Procedure Sep. 9, 2015
Facebook Inc. v. Superior Court (Hunter)
Trial court should have granted social networking site's motion to quash subpoenas for social media records of murder victim and witness of drive-by shooting. 		Criminal Law and Procedure Sep. 9, 2015
U.S. v. Navarro
Prisoner set to be released before effective retroactivity date of otherwise-applicable sentence-reducing Sentencing Guideline amendment may not obtain relief based upon said amendment. 		Criminal Law and Procedure Sep. 8, 2015
Wilkinson v. Gingrich
State court unreasonably applies rule of collateral estoppel when it upholds perjury conviction after defendant's acquittal in traffic court. 		Criminal Law and Procedure Sep. 4, 2015
Elmore v. Sinclair
Not unreasonable to reject petitioner's ineffective assistance of counsel claims where counsel's decision not to present mental health defense was strategic and petitioner failed to show prejudice on other claims. 		Criminal Law and Procedure Sep. 4, 2015
People v. Mendoza
Attempt not a lesser included offense of sexual intercourse, sodomy, and oral copulation of a child under 10 years; trial court did not err by not offering jury instruction on attempt. 		Criminal Law and Procedure Sep. 4, 2015
In re Swanigan
Board of Parole Hearings cannot deny parole to inmate who was otherwise suitable for parole because he maintained his innocence in murder. 		Criminal Law and Procedure Sep. 3, 2015
Holmes v. California Victim Compensation and Government Claims Board
Person wrongfully convicted of failing to register as sex offender not entitled to indemnity because he sustained no pecuniary injury resulting from wrongful conviction. 		Criminal Law and Procedure Sep. 2, 2015
People v. Seymour
Defendant who had been released from probation early is entitled to 'expungement' under Penal Code Section 1203.4 although he still owes victim restitution. 		Criminal Law and Procedure Sep. 2, 2015
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