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U.S. v. Crooked Arm
Sale of fan containing migratory bird feathers is a misdemeanor, not a felony, under the Migratory Bird Treaty Act.
Criminal Law and Procedure Jun. 8, 2015
People v. Scott
California Supreme Court upholds man's convictions and death sentence in connection with rape, murder of elderly woman and clarifies practice in reviewing 'Batson/Wheeler' motions.
Criminal Law and Procedure Jun. 8, 2015
People v. Chung
Consecutive sentences on three offer to sell counts violated bar on multiple punishment for 'single act' under Penal Code Section 654.
Criminal Law and Procedure Jun. 4, 2015
People v. Shabazz
Defendant must comply with specific procedures before he can reduce qualifying felony convictions to misdemeanors under Proposition 47, which does not apply automatically.
Criminal Law and Procedure Jun. 2, 2015
Pensinger v. Chappell
Kidnap-murder special circumstance and death sentence must be vacated where jury was not instructed on requirement of 'independent felonious purpose.'
Criminal Law and Procedure Jun. 2, 2015
Elonis v. United States
'Reasonable person' standard improperly applied in context of criminal-threat-by-Facebook case; renders culpability level negligence, which cannot support the conviction.
Criminal Law and Procedure Jun. 1, 2015
People v. Tingcungco
Tolling of appearance period for bail jumper not statutorily supported without prosecutorial assent.
Criminal Law and Procedure May 31, 2015
U.S. v. Martinez
Defendant was not removable based on aggravated felony because Washington state conviction for third-degree child molestation did not categorically qualify as generic sexual abuse of minor.
Criminal Law and Procedure May 28, 2015
People v. Trujeque
Violation of ex post facto clause to apply California Penal Code Section 1387.1 when defendant was not liable when the section became effective.
Criminal Law and Procedure May 28, 2015
People v. Walker
Trial court prejudicially errs in failing to issue instruction on lesser included offense warranting reversal of defendant's conviction for felony possession of marijuana for sale.
Criminal Law and Procedure May 27, 2015
U.S. v. Johnston
Conviction for possession of child pornography must be vacated where it is unclear if conviction is based on separate conduct from receipt of child pornography.
Criminal Law and Procedure May 26, 2015
People v. McNally
Correctional officer trained in firearm safety acts with implied malice by jokingly pointing a pistol at victim and causing the firearm to discharge, killing victim.
Criminal Law and Procedure May 25, 2015
Yohner v. Cal. Dept. of Justice
Stepgrandparent who was convicted of sex offense involving stepgranddaughter is ineligible to request exclusion from state Dept. of Justice's Megan's Law Internet Web site.
Criminal Law and Procedure May 25, 2015
People v. Jones
Threats issued during in camera hearing substantiate need to keep defendant in visible shackles, which he at first had worn voluntarily.
Criminal Law and Procedure May 21, 2015
In re Sena
Order directing prisoner's release on parole was improper; court should have directed the parole board to conduct release proceedings.
Criminal Law and Procedure May 20, 2015
People v. Therman
Force used to falsely imprison spouse reasonably seen as domestic abuse; merits postjudgment protective order.
Criminal Law and Procedure May 20, 2015
U.S. v. Evans
Ex-felon registration check and dog sniff conducted after completion of traffic stop violates the Fourth Amendment unless there was independent reasonable suspicion.
Criminal Law and Procedure May 20, 2015
People v. Miranda
Voluntary waiver of right to counsel is knowing and intelligent despite later claims of mental health problems, which were not apparent when defendant invoked right to self-representation.
Criminal Law and Procedure May 20, 2015
U.S. v. Mageno
Where critical trial court transcript error leads appellate court to vacate conviction, rehearing is proper when said error is discovered and corrected.
Criminal Law and Procedure May 19, 2015
In re Butler
Prisoner entitled to attorney fees for settlement relating to the setting of base and adjusted base terms in sentencing of parole eligible life prisoners.
Criminal Law and Procedure May 18, 2015
Henderson v. U.S.
Court may accommodate felon's request to transfer firearms to friend if it is satisfied felon would not have control over those weapons.
Criminal Law and Procedure May 18, 2015
U.S. v. Boykin
Drug dealer guilty of selling methamphetamine to confidential source on aiding and abetting theory although he did not personally handle transaction.
Criminal Law and Procedure May 18, 2015
People v. Cross
Boykin-Tahl warnings, and appraisal of penal consequences, required before criminal defendant stipulates prior felony conviction.
Criminal Law and Procedure May 18, 2015
Riley v. McDaniel
Jury instruction defining 'deliberation' as part of 'premeditation' violates due process where law at defendant's trial defined deliberation as separate element of first-degree murder.
Criminal Law and Procedure May 17, 2015
People v. Hall
Probation condition prohibiting probationer from possessing any firearm is sufficiently clear and need not include knowledge requirement to protect against unwitting violations.
Criminal Law and Procedure May 17, 2015
United States v. Cazares
Reasons given for conducting voir dire in private insufficient to avoid violation of defendants' rights; defendants, however, waived their rights to be present and have a public trial.
Criminal Law and Procedure May 14, 2015
Her Majesty the Queen in Right of Canada v. United States District Court (Nathan Stoliar)
Canada not entitled to restitution under the Mandatory Victims Restitution Act because the scheme to which defendant pled guilty was different than the one perpetrated against Canada.
Criminal Law and Procedure May 13, 2015
U.S. v. Brown
Indigent criminal defendant obtains new trial for child pornography-related charges after court improperly denied his motion to fire retained counsel.
Criminal Law and Procedure May 13, 2015
U.S. v. Gonzalez
Trial court does not abuse discretion when it declines to offer defendant's proposed jury instruction as to specific unanimity, where trial court offers a similar instruction.
Criminal Law and Procedure May 13, 2015
People v. Denize
Defendant serving a Three Strikes sentence for both a serious and nonserious offense is not entitled to resentencing under the retrospective portion of the Three Strikes Reform Act.
Criminal Law and Procedure May 13, 2015