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Name Category Published
People v. Aparicio
Abuse of discretion deemed appropriate standard in denial of Proposition 36 resentencing. 		Criminal Law and Procedure Jan. 13, 2015
People v. Trujillo
Defendant forfeits appeal of presentence investigation fee and probation supervision fee for failure to object in trial court. 		Criminal Law and Procedure Jan. 13, 2015
People v. Aguilar
Defendant forfeits appeal over presentence investigation, probation supervision, and attorneys’ fees for failure to object in trial court. 		Criminal Law and Procedure Jan. 13, 2015
U.S. v. Neal
Inmate’s prison stay extended after conviction on attempt to file retaliatory false liens against prison officials. 		Criminal Law and Procedure Jan. 13, 2015
U.S. v. Jimenez-Arzate
California conviction under Penal Code Section 245(a)(1) constitutes crime of violence for federal sentencing purposes. 		Criminal Law and Procedure Jan. 13, 2015
People v. Noyan
Sentencing scheme applicable to persons bringing contraband to custodial facility violates equal protection because it imposed unequal sentence depending on type of contraband. 		Criminal Law and Procedure Jan. 13, 2015
United States v. Rodman
Machine gun seller who agrees to and does submit required ATF forms using false information commits conspiracy to defraud the government. 		Criminal Law and Procedure Jan. 12, 2015
People v. Anderson
Jury instruction on collective/cooperative defense to marijuana cultivation charge must explain that exchange of marijuana for money between collective members is not necessarily unlawful. 		Criminal Law and Procedure Jan. 12, 2015
People v. Rekte
Driver dodges red light camera ticket by undermining camera system’s reliability. 		Criminal Law and Procedure Jan. 9, 2015
People v. Superior Court (Jalalipour)
Trial court judge may not reduce "wobbler" felony charges to misdemeanors after preliminary hearing but before offender's guilty pleas. 		Criminal Law and Procedure Jan. 8, 2015
People v. Toure
Exigent circumstances allow for warrantless, non-consensual blood draw of resistant drunk driver, but sentence exceeds limit. 		Criminal Law and Procedure Jan. 7, 2015
People v. Superior Court (Burton)
Trial court cannot postpone prisoner’s Proposition 36 resentencing petition to later reconsider prisoner’s dangerousness and eligibility for relief. 		Criminal Law and Procedure Jan. 7, 2015
People v. Solis
Convictions for uncharged but related, lesser offenses may stem from one charged offense. 		Criminal Law and Procedure Jan. 7, 2015
People v. Superior Court (Williams)
Trial court cannot postpone prisoner’s Proposition 36 resentencing petition to later reconsider prisoner’s dangerousness and eligibility for relief. 		Criminal Law and Procedure Jan. 7, 2015
Hudec v. Superior Court (People)
Respondent may not be compelled to testify at trial for extension of his not-guilty-by-reason-of-insanity commitment. 		Criminal Law and Procedure Jan. 6, 2015
People v. Grimes
Exclusion of accomplice’s statements regarding defendant’s lack of participation in killing does not warrant reversal of felony murder death sentence. 		Criminal Law and Procedure Jan. 6, 2015
People v. Aparicio
Abuse of discretion deemed appropriate standard in denial of Proposition 36 resentencing. 		Criminal Law and Procedure Jan. 6, 2015
U.S. v. Gladding
After prosecution, government bears burden of proof in property return disputes. 		Criminal Law and Procedure Jan. 5, 2015
U.S. v. Gnirke
Sentencing court may not restrict offender’s access to non-pornographic depictions of adult sexual conduct as condition of supervised release. 		Criminal Law and Procedure Jan. 5, 2015
Mann v. Ryan
Prisoner is entitled to habeas relief where state court applied wrong standard in assessing prejudice due to counsel’s allegedly defective performance during sentencing. 		Criminal Law and Procedure Dec. 30, 2014
People v. Franco
Trial court may, but is not required to, obtain supplemental probation report in determining whether resentencing inmate would pose danger to public safety. 		Criminal Law and Procedure Dec. 24, 2014
People v. Losa
Trial court properly denies third strike offender’s resentencing petition because equal protection does not require proof beyond reasonable doubt on dangerousness. 		Criminal Law and Procedure Dec. 23, 2014
U.S. v. Alvarado-Pineda
Noncitizen is ineligible for removal relief because theft conviction in Washington, coupled with 14-month sentence, constitutes aggravated felony. 		Criminal Law and Procedure Dec. 22, 2014
People v. Noyan
Sentencing scheme applicable to persons bringing contraband to custodial facility violates equal protection because it imposed unequal sentence depending on type of contraband. 		Criminal Law and Procedure Dec. 19, 2014
People v. Payne
Three strikes offender’s resentencing petition is properly denied because preponderance of evidence showed he posed unreasonable risk of danger to public. 		Criminal Law and Procedure Dec. 19, 2014
People v. Valencia
Three strikes offender is not entitled to resentencing relief because new definition of ‘unreasonable risk of danger to public safety’ does not apply to him. 		Criminal Law and Procedure Dec. 18, 2014
Heien v. North Carolina
Traffic stop does not violate Fourth Amendment although officer erroneously thought driver broke law for having only one working brake light. 		Criminal Law and Procedure Dec. 16, 2014
U.S. v. Garcia-Santana
Using contemporary sources methodology, conspiracy to commit burglary does not constitute aggravated felony that would render petitioner ineligible for removal relief. 		Criminal Law and Procedure Dec. 16, 2014
U.S. v. Reves
Court lacks jurisdiction over petitioner’s motion to vacate sentence where motion was filed day after probation ended because petitioner was no longer in custody. 		Criminal Law and Procedure Dec. 16, 2014
People v. Mason
Felon’s possession of firearm on four specified dates only supports conviction of single offense because his possession was continuous throughout those dates. 		Criminal Law and Procedure Dec. 16, 2014
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