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People v. Lloyd
Man’s assault conviction overturned due to trial court’s failure to advise defendant of all his ‘Boykin-Tahl’ rights and obtain express waivers thereof.
Criminal Law and Procedure Apr. 22, 2015
Pizzuto v. Ramirez
Petitioner’s Rule 60 motion properly denied where claims are either not ineffective assistance of counsel claims or are unsupported by the evidence.
Criminal Law and Procedure Apr. 22, 2015
Rodriguez v. U.S.
Dog sniff conducted following completion of a traffic stop violates Fourth Amendment’s prohibition against unreasonable seizures.
Criminal Law and Procedure Apr. 21, 2015
United States v. Walls
Court did not err in providing jury with instruction under the TVPA relating to the affect of sex trafficking activities on interstate commerce.
Criminal Law and Procedure Apr. 21, 2015
U.S. v. Alvarez-Ulloa
Former boxer unsuccessfully challenges supplemental jury instruction on insanity defense because instruction was not impermissibly coercive.
Criminal Law and Procedure Apr. 21, 2015
United States v. Hornbuckle
Two-level enhancements appropriate due to undue influence and actual commission of sex acts by minors.
Criminal Law and Procedure Apr. 21, 2015
People v. Shamblin
Manner in which murderer killed his victim—by manual strangulation—is sufficient evidence of premeditation and deliberation.
Criminal Law and Procedure Apr. 21, 2015
People v. Sek
Court should not give ‘legally erroneous and misleading’ CALJIC No. 8.66.1 to jury, or impose indeterminate life sentences when information did not allege attempted murders were willful, deliberate and premeditated.
Criminal Law and Procedure Apr. 20, 2015
People v. Berry
Dismissed firearm count cannot be used to determine inmate’s eligibility for resentencing under California Penal Code Section 1170.126.
Criminal Law and Procedure Apr. 20, 2015
People v. Osorio
Particularly in the context of slight parole violations, defendant’s demurrer to parole revocation petition should be sustained where such petition fails to show reason as to why intermediate measure do not suffice.
Criminal Law and Procedure Apr. 20, 2015
People v. Spicer
Prosecution could properly bring murder charge against defendant years after he was convicted of receiving murder victim’s stolen car without implicating double jeopardy under ‘unavailable evidence’ exception.
Criminal Law and Procedure Apr. 19, 2015
People v. Galvan
Inmate is ineligible for resentencing relief because his crime constituted a ‘serious’ felony although it was not so classified at time of final judgment.
Criminal Law and Procedure Apr. 16, 2015
People v. Sledge
Third striker denied resentencing relief under Three Strikes Reform Act because he poses danger to society due to his criminal, mental health, and substance abuse history.
Criminal Law and Procedure Apr. 14, 2015
U.S. v. Mendez-Sosa
Under federal law, enhancement proper when prior offense received criminal points and was a 'crime of violence.'
Criminal Law and Procedure Apr. 13, 2015
People v. Keith
Drug offender’s sentence for crack cocaine-related offenses is reduced in light of recent changes in the law affecting cocaine.
Criminal Law and Procedure Apr. 12, 2015
U.S. v. Urrutia-Contreras
Defendant must be resentenced in light of sentencing court’s failure to seek government’s position with respect to revocation sentencing.
Criminal Law and Procedure Apr. 12, 2015
United States v. Sahagun-Gallegos
Government may not condition motion for third-level reduction on defendant’s agreement to waive appeal rights; error to apply sentencing enhancement when defendant didn't admit elements of qualifying ‘crime of violence.'
Criminal Law and Procedure Apr. 12, 2015
People v. Rodriguez
Robber properly sentenced for both robbery and evading arrest offenses where latter offense was not merely incidental to commission of robbery.
Criminal Law and Procedure Apr. 8, 2015
People v. Sedillo
Where jury acquits defendant of premeditation in attempted premeditation murder trial, attempted murder convictions must be dismissed as time-barred.
Criminal Law and Procedure Apr. 8, 2015
People v. Ford
Man linked to 1981 killing by DNA evidence fails to overturn murder conviction by arguing autopsy report violated confrontation clause.
Criminal Law and Procedure Apr. 7, 2015
People v. Johnson
Expert testimony of defendant’s paraphilic coercive disorder, along with other evidence, enough to substantiate jury determining him a sexually-violent predator.
Criminal Law and Procedure Apr. 7, 2015
McMonagle v. Meyer
Order
Criminal Law and Procedure Apr. 6, 2015
People v. Diaz
Courts not required to sua sponte provide cautionary jury instruction for offense of making criminal threats.
Criminal Law and Procedure Apr. 6, 2015
People v. Keith
Drug offender’s sentence for crack cocaine-related offenses is reduced in light of recent changes in the law affecting cocaine.
Criminal Law and Procedure Apr. 6, 2015
People v. Guzman
Prop 47’s definition of ‘unreasonable risk of danger to public safety’ may not be applied to Prop 36 resentencing petitions.
Criminal Law and Procedure Apr. 5, 2015
U.S. v. Tamman
Application of Broker-Dealer and Special Skill sentence enhancements to attorney’s crimes does not run afoul Sentencing Guideline’s prohibition on double counting.
Criminal Law and Procedure Apr. 5, 2015
U.S. v. Simmons
Offender’s prior escape conviction in Hawaii does not constitute ‘crime of violence’ under career offender guidelines to warrant sentence enhancement.
Criminal Law and Procedure Apr. 5, 2015
U.S. v. Richter
Defendant implicitly waives right to give closing argument where his counsel had several meaningful opportunities to request one, but did not.
Criminal Law and Procedure Apr. 2, 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 Apr. 1, 2015
People v. Huggins
Accomplice and in-custody informant may corroborate each other for purposes of corroboration requirement under California Penal Code.
Criminal Law and Procedure Apr. 1, 2015