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Name Category Published
People v. Andrade
One Strike Law does not authorize only one life term per victim; multiple life terms can be imposed for each eligible offense. 		Criminal Law and Procedure Jul. 26, 2015
People v. LaBlanc
Because superior court denied civilly-committed SVP's petition as frivolous based upon a misapprehension as to the original commitment jury's ruling, superior court erred. 		Criminal Law and Procedure Jul. 23, 2015
People v. Pinon
Trial court errs in imposing period of parole in resentencing offender under Prop. 47, without accounting for custody credits and where resulting period exceeded remainder of his post-release community supervision. 		Criminal Law and Procedure Jul. 23, 2015
United States v. Torres
Testimony of questions asked by an out-of-court declarant constitutes inadmissible hearsay evidence, as truth of the matter is 'implicitly' asserted. 		Criminal Law and Procedure Jul. 22, 2015
People v. Murillo
Where amateur rapper threatens death to (and cites names of) rape victims, said rap may constitute genuine threat such that charges should survive preliminary examination. 		Criminal Law and Procedure Jul. 22, 2015
People v. Lopez
Appellate court declines to decide threshold matter of whether repeat drug offender is eligible for resentencing relief under Proposition 47. 		Criminal Law and Procedure Jul. 22, 2015
People v. Rivas
Fingerprint identification neither new nor novel, does not merit <EM>Kelly</EM> hearing to determine admissibility 		Criminal Law and Procedure Jul. 21, 2015
U.S. v. Aquino
Probationer's 'literally true' response to probation officer, though evasive and coy, does not give rise to violation of probation condition that requires probationer to 'answer truthfully' all inquiries of officer. 		Criminal Law and Procedure Jul. 21, 2015
People v. Lopes
Juvenile adjudication does not qualify as a prior violation so as to elevate a misdemeanor DUI offense to a felony under Vehicle Code Section 23550.5. 		Criminal Law and Procedure Jul. 21, 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 Jul. 21, 2015
People v. American Contractors IndemnityCo.
Parties allowed 60-day window, not 15, to object to untimely summary judgments in effort to exonerate bail bonds 		Criminal Law and Procedure Jul. 21, 2015
People v. Cowart
Trial court cannot order dementia-afflicted defendant to state hospital for felony involving death as hit and run statute's gravamen pertains to flight from scene, not death or injury. 		Criminal Law and Procedure Jul. 20, 2015
U.S. v. Mahon
Scottsdale's Diversity Office has sufficient nexus to interstate commerce to support defendant's conviction involving pipe bomb explosion. 		Criminal Law and Procedure Jul. 20, 2015
Gage v. Chappell
Failure to exercise due diligence by failing to raise claims in first habeas petition results in denial of successive petition. 		Criminal Law and Procedure Jul. 20, 2015
U.S. v. Gonzalez-Corn
Removal order underlying illegal reentry charge is valid when based on qualifying felony conviction under the Controlled Substances Act. 		Criminal Law and Procedure Jul. 19, 2015
People v. Borynack
Realignment Act does not authorize court to suspend execution of sentence for defendant convicted under Destructive Devices and Explosives Chapter of Penal Code. 		Criminal Law and Procedure Jul. 19, 2015
People v. White
Descriptions of various indicators of non-consent to sex, found in different subdivisions of Penal Code Section 261, do not establish basis for multiple counts of rape stemming from a single act of intercourse. 		Criminal Law and Procedure Jul. 16, 2015
Rogers v. McDaniel
Unconstitutionally vague jury instruction on aggravating circumstance warrants habeas relief on death sentence. 		Criminal Law and Procedure Jul. 16, 2015
Boyer v. Chappell
Trial court's failure to conduct live evidentiary hearing regarding reliability of witness testimony tying convicted murderer to another murder does not warrant habeas relief. 		Criminal Law and Procedure Jul. 16, 2015
People v. Morales
Second degree murder conviction overturned where defendant makes coerced statements in violation of Miranda. 		Criminal Law and Procedure Jul. 15, 2015
Foley v. Biter
Counsel's failure to notify client of denial of habeas petition constitute attorney abandonment and, coupled with defendant's diligence, warrants relief. 		Criminal Law and Procedure Jul. 14, 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 Jul. 14, 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 Jul. 13, 2015
People v. Lazarus
Not an abuse of discretion to deny motion to dismiss where defendant is charged 23 years after crime once DNA evidence connects her to murder of ex-lover's wife. 		Criminal Law and Procedure Jul. 13, 2015
People v. Weatherton
Signing of Harvey waiver during plea deal precludes defendant from objecting to culpability of actions during restitution hearing. 		Criminal Law and Procedure Jul. 12, 2015
People v. Sigur
Consent defense to burglary inapplicable where defendant invades possessory interest in home in order to engage in sex acts with minor. 		Criminal Law and Procedure Jul. 12, 2015
U.S. v. Ye
First paragraph of 18 U.S.C. Section 1542, prohibiting 'willfully and knowingly' making false statements on a passport application, does not require specific intent. 		Criminal Law and Procedure Jul. 12, 2015
U.S. v. Watson
Where DNA evidence may show actual innocence and defendant meets other requirements, Innocence Protection Act mandates DNA testing. 		Criminal Law and Procedure Jul. 12, 2015
U.S. v. Chan
Dismissal of petition for coram nobis relief reversed as court reasons definition of ineffective assistance of counsel established in United States v. Kwan can apply retroactively. 		Criminal Law and Procedure Jul. 9, 2015
People v. Johnson
Kidnapping-murder special-circumstance finding and death sentence for second degree murder vacated because of incorrect simple kidnapping instruction and error on jury verdict form. 		Criminal Law and Procedure Jul. 9, 2015
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