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Name Category Published
People v. Financial Casualty & Surety Inc.
Surety fails to demonstrate good cause to justify second extension of appearance period where investigator's efforts to locate defendant proved fruitless. 		Criminal Law and Procedure Aug. 14, 2015
U.S. v. Temkin
District court errs in calculating offense level, failing to apply sentencing guideline pertaining to 'underlying unlawful conduct' of defendant's actions. 		Criminal Law and Procedure Aug. 14, 2015
U.S. v. Cook
Drug supplier defendant's fact pattern differs meaningfully from 'Gant' defendant, supports finding that search incident to lawful arrest was constitutional. 		Criminal Law and Procedure Aug. 14, 2015
People v. Nguyen
Backseat passenger who 'stared' at victim's car just prior to shooting, found guilty of aiding and abetting attempted murder of rival gang member. 		Criminal Law and Procedure Aug. 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 Aug. 13, 2015
U.S. v. Boitano
Filing is an element of a 26 U.S.C. Section 7206(1) offense and IRS' failure to prove defendant filed tax returns warranted reversal of convictions. 		Criminal Law and Procedure Aug. 13, 2015
People v. James
Trial court's failure to issue unconsciousness defense instruction warrants reversal of defendant's convictions related to bizarre incident. 		Criminal Law and Procedure Aug. 13, 2015
U.S. v. Fries
Higher sentence is reasonable where defendant's prior convictions on severed counts were 'not part of the instant offense.' 		Criminal Law and Procedure Aug. 11, 2015
United States v. Montoya-Gaxiola
Failure to instruct jury of mens rea element of crime constitutes non-harmless error in unlawful gun ownership case. 		Criminal Law and Procedure Aug. 11, 2015
People v. Accredited Surety and Casualty Co. Inc.
Attempt to exonerate bail bonds fails as request to extend appearance period is based on information gathered too late 		Criminal Law and Procedure Aug. 10, 2015
Shelton v. Marshall
Prosecution's suppression of secret deal with key witness constitutes <EM>Brady</EM> violation where evidence of deal is powerful impeachment evidence. 		Criminal Law and Procedure Aug. 10, 2015
U.S. v. Lapier
Evidence of two criminal relationships for one count of conspiracy merits <EM>sua sponte</EM> 'specific unanimity' jury instruction in methamphetamine distribution case. 		Criminal Law and Procedure Aug. 10, 2015
People v. Cardenas
Burglary count should be stayed where multiple victim exception does not apply because crimes of violence were against one victim. 		Criminal Law and Procedure Aug. 7, 2015
People v. Calloway
Broad construal of incompetent-to-stand-trial statute allows mechanism for trial court to renew competency hearings in 10-year-old robbery case. 		Criminal Law and Procedure Aug. 7, 2015
People v. Brown
Defendant is detained when police stop behind his parked car and activate patrol vehicle's emergency lights. 		Criminal Law and Procedure Aug. 7, 2015
People v. Morris
Defendant's constitutional right to fair trial by impartial jury is violated where excused juror was allowed to testify for prosecution. 		Criminal Law and Procedure Aug. 7, 2015
People v. Kisling
'Wende' protections do not apply in sexually-violent predator's appeal from order denying his petition for release. 		Criminal Law and Procedure Aug. 7, 2015
Andrews v. Davis
Rejection of habeas prisoner's ineffective assistance of counsel claim is based on prejudice analysis which was not contrary to or unreasonable application of Supreme Court precedent. 		Criminal Law and Procedure Aug. 5, 2015
People v. Soria
Defendant cannot be convicted of two counts of rape for a single act of intercourse; two counts must be consolidated. 		Criminal Law and Procedure Aug. 4, 2015
People v. Perez
Reduction of felony drug charge under Proposition 47 has no effect on felony failure to appear charge. 		Criminal Law and Procedure Aug. 3, 2015
People v. Superior Court
Postconviction discovery motion in capital case overruled as it is not related to ongoing legal proceedings. 		Criminal Law and Procedure Aug. 3, 2015
People v. Riley
Commercial bribery charges cannot be based upon events that occurred when accused was no longer employee of the pertinent institution. 		Criminal Law and Procedure Aug. 3, 2015
United States v. Hernandez
Complaints of lack of reciprocity on file sharing site constitutes expectation of something of value in child pornography case, meriting sentencing enhancement. 		Criminal Law and Procedure Aug. 3, 2015
People v. Delapena
Prop 47's resentencing provision acts as savings clause equivalent; thus, the statute's reduced penalty provisions do not apply retroactively. 		Criminal Law and Procedure Aug. 2, 2015
U.S. v. Winkles
Certificate of appealability required to appeal denial of a legitimate Rule 60(b) motion for relief from judgment arising out of denial of a 28 U.S.C. section 2255 motion. 		Criminal Law and Procedure Aug. 2, 2015
People v. Whitaker
Trial court properly applies two-for-two formula in calculating defendant's entitlement to conduct credit for 327 days served in custody. 		Criminal Law and Procedure Jul. 29, 2015
U.S. v. Sullivan
California convictions "relating to" sexual abuse correctly trigger mandatory minimum enhancements under federal criminal statute. 		Criminal Law and Procedure Jul. 29, 2015
U.S. v. Willis
Sentence vacated where court does not conduct divisibility analysis when determining whether Oregon firearm possession is a 'crime of violence' under Sentencing Guidelines. 		Criminal Law and Procedure Jul. 29, 2015
U.S. v. Carter
Defendant's statement that he is presently taking medication does not trigger expanded Rule 11 colloquy to ensure he is 'knowingly and voluntarily' entering guilty plea. 		Criminal Law and Procedure Jul. 28, 2015
People v. Diaz
Striking enhancement based on conviction designated a misdemeanor under Prop. 47 is premature because of failure to first seek re-designation from court of conviction. 		Criminal Law and Procedure Jul. 28, 2015
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