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People v. Espinoza
Criminal trial may proceed in pro se defendant’s absence only if record shows voluntary and knowing waiver of fundamental trial rights.
Criminal Law and Procedure Jan. 30, 2015
People v. Almanza
Sex offender fails to overturn conviction because counsel’s serious conflicts did not prejudice him.
Criminal Law and Procedure Jan. 30, 2015
People v. Zinda
Justified-homicide-during-lawful-arrest instruction not required where defendant’s intention was only to kill.
Criminal Law and Procedure Jan. 29, 2015
Arteaga v. Superior Court (People)
Grand jury indictment may be based on uncorroborated accomplice testimony.
Criminal Law and Procedure Jan. 29, 2015
U.S. v. Davis
Drug sentence upheld despite retroactive change to federal guidelines because, per Sotomayor concurrence, Rule 11(c)(1)(C) plea agreement was not based on the guidelines.
Criminal Law and Procedure Jan. 28, 2015
People v. Perez
Court abuses discretion in dismissing motion to withdrawal guilty plea.
Criminal Law and Procedure Jan. 28, 2015
People v. Vidana
Defendant cannot be convicted of both Larceny and embezzlement because they are not separate offenses, but two ways of committing theft.
Criminal Law and Procedure Jan. 27, 2015
United States v. Whittemore
Conviction for making campaign contributions in name of another is supported, even if funds were gifts to third parties under state law.
Criminal Law and Procedure Jan. 27, 2015
U.S. v. McElmurry
Self-professed child pornography addict escapes convictions due to district court’s prejudicial evidentiary ruling.
Criminal Law and Procedure Jan. 27, 2015
Ezell v. United States
28 U.S.C. Section 2255(h) motion for successive Section 2255 petition is properly denied when no new or constitutional rule is presented.
Criminal Law and Procedure Jan. 26, 2015
U.S. v. Ortiz
Probation officer’s familiarity with defendant’s voice enough to admit her testimony identifying defendant on intercepted phone calls, though calls were in Spanish and officer and defendant had spoken in English.
Criminal Law and Procedure Jan. 26, 2015
Sessoms v. Grounds
Suspect raises right to counsel by clearly articulating desire to have counsel present, when he told police that his father advised him to ask police to give him lawyer.
Criminal Law and Procedure Jan. 26, 2015
In re Wilson
Juvenile homicide offender’s life without parole sentence overturned in light of U.S. Supreme Court’s ‘Miller v. Alabama’ decision.
Criminal Law and Procedure Jan. 23, 2015
People v. Armogeda
Postrelease Community Supervision Act of 2011 unconstitutionally amended voter-passed Proposition 36.
Criminal Law and Procedure Jan. 22, 2015
People v. Camp
Trial court may revoke mandatory supervision portion of offender’s hybrid sentence to permit his deportation.
Criminal Law and Procedure Jan. 22, 2015
Christeson v. Roper
Death row inmate entitled to assistance from conflict-free counsel in federal habeas petition to argue equitable tolling of AEDPA claim.
Criminal Law and Procedure Jan. 21, 2015
People v. Givan
Mistake of fact jury instruction unnecessary at gross-vehicular-manslaughter-while-intoxicated trial, as defendant’s subjective belief would not negate any element of crime.
Criminal Law and Procedure Jan. 21, 2015
People v. Campbell
Instructional errors that gave jurors all-or-nothing choice prejudiced defendants, warranting reversal of felony murder convictions.
Criminal Law and Procedure Jan. 20, 2015
People v. Orlosky
Informality of arrangement between joint marijuana growers does not preclude collective cultivation defense.
Criminal Law and Procedure Jan. 20, 2015
People v. Alexander
Uncooperative drug offender bore sole responsibility for 16-month jail sentence by refusing to hold up his end of plea bargain.
Criminal Law and Procedure Jan. 20, 2015
People v. Mackey
Warrantless use of GPS tracking device does not require evidence suppression notwithstanding U.S. Supreme Court’s subsequent prohibition of such use.
Criminal Law and Procedure Jan. 16, 2015
U.S. v. Hertler
Court upholds defendant’s 20-month term of supervised release despite defendant’s argument that he could be sentenced to no more than nine.
Criminal Law and Procedure Jan. 16, 2015
People v. Mulcrevy
Concentrated cannabis is "marijuana," under Compassionate Use Act, and such an affirmative defense should not be excluded.
Criminal Law and Procedure Jan. 16, 2015
People v. Gonzales
Conviction for permitting another to carry loaded firearm in vehicle requires proof of knowledge that firearm was loaded.
Criminal Law and Procedure Jan. 15, 2015
Jennings v. Stephens
Appellee granted habeas corpus relief is not required to cross-appeal for Fifth Circuit to consider theory that was rejected by district court.
Criminal Law and Procedure Jan. 15, 2015
U.S. v. Zamudio
Government does not acquire knowledge of deportee’s illegal presence in country at time deportee presented invalid green card.
Criminal Law and Procedure Jan. 15, 2015
Whitfield v. U.S.
Robber receives enhanced sentence for forced-accompaniment robbery although victim only took few steps.
Criminal Law and Procedure Jan. 14, 2015
U.S. v. Dibe
Ineffective-assistance-of-counsel claim is not mitigating factor courts may consider at sentencing.
Criminal Law and Procedure Jan. 14, 2015
In re Young
Inmate is entitled to immediate parole where Board of Parole Hearings twice arbitrarily denied him parole.
Criminal Law and Procedure Jan. 14, 2015
People v. Hernandez
Juvenile offender’s sentence of 61 years to life constitutes cruel and unusual punishment despite new law allowing him to seek parole within his lifetime.
Criminal Law and Procedure Jan. 14, 2015