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Name Category Published
U.S. v. Prince
Career criminal receives enhanced sentence because prior conviction for attempted robbery posed risks similar to violent felonies enumerated under Armed Career Criminal Act. 		Criminal Law and Procedure Nov. 24, 2014
U.S. v. Agront
Dept. of Veterans Affairs regulation prohibiting disorderly conduct that creates loud, boisterous, and unusual noise is not unconstitutionally vague as applied. 		Criminal Law and Procedure Nov. 23, 2014
U.S. v. Reyes
Smuggler receives sentencing enhancement because it was reasonably foreseeable, due to sheer number of individuals smuggled, that unaccompanied minors would be smuggled. 		Criminal Law and Procedure Nov. 23, 2014
People v. Gardner
Defendant who is competent to stand trial is not competent to represent himself, given he suffered from expressive language disorder that prevented coherent communication. 		Criminal Law and Procedure Nov. 23, 2014
People v. Smith
Gang member is properly convicted as aider and abettor in murders of members of his own gang, which ocurred as natural and probable consequence of ‘jump out’ he set up. 		Criminal Law and Procedure Nov. 20, 2014
People v. Chubbuck
Inmate is ineligible for resentencing relief under Three Strikes Reform Act because he intended to cause great bodily injury during underlying solicitation offense. 		Criminal Law and Procedure Nov. 19, 2014
Taylor v. Cate
Criminal defendant who was convicted of murder and attempted robbery may not be resentenced as aider and abettor without first being granted new trial. 		Criminal Law and Procedure Nov. 19, 2014
Glebe v. Frost
Robber fails to overturn his conviction because trial court’s restriction of his attorney’s summation of defenses was not a structural error that warranted reversal. 		Criminal Law and Procedure Nov. 17, 2014
U.S. v. Martinez
Prior conviction under California law for vehicle flight from pursuing peace officer qualifies as ‘violent felony’ for purposes of Armed Career Criminal Act. 		Criminal Law and Procedure Nov. 16, 2014
U.S. v. Waters
2011 Amendment to U.S. Sentencing Guidelines, which directs courts to use policy in effect on date of crack cocaine term reduction, does not violate ex post facto clause. 		Criminal Law and Procedure Nov. 16, 2014
Wofford v. Superior Court (People)
Mandatory supervision releasees are eligible to apply for transfers of their supervision to another state pursuant to the Interstate Compact for Adult Offender Supervision. 		Criminal Law and Procedure Nov. 16, 2014
People v. Pedroza
Double jeopardy bars retrial of gang member where trial court’s grant of new trial amounted to acquittal due to uncorroborated accomplice testimony. 		Criminal Law and Procedure Nov. 16, 2014
People v. Murillo
Mistrial in murder case must be granted when witness refused to answer over 100 leading questions by prosecutor about his out-of-court statements identifying shooter. 		Criminal Law and Procedure Nov. 13, 2014
People v. Anthony
Inmate is ineligible for resentencing under Three Strike Reform Act when serving one sentence for a serious or violent felony and another which was not. 		Criminal Law and Procedure Nov. 12, 2014
U.S. v. Raya-Vaca
Illegal reentry conviction is overturned because immigration officer’s failure to provide notice and opportunity to respond during expedited removal violated due process. 		Criminal Law and Procedure Nov. 10, 2014
U.S. v. Brown
Business partner does not deserve leadership role sentence enhancement for participation in Ponzi scheme where he did not exercise control over any participant. 		Criminal Law and Procedure Nov. 9, 2014
U.S. v. Huitron-Rocha
District court properly uses modified categorical approach to find conviction for possession and transportation of cocaine for sale is 'drug trafficking offense' for sentencing purposes. 		Criminal Law and Procedure Nov. 9, 2014
U.S. v. de la Torre-Jimenez
Offender receives 16-level sentencing enhancement because his prior conviction for possession of cocaine for sale constitutes drug trafficking offense warranting enhancement. 		Criminal Law and Procedure Nov. 9, 2014
Teal v. Superior Court (People)
Trial court’s order denying motion to recall sentence under Three Strikes Reform Act is appealable, although inmate fails to meet threshold eligibility requirement. 		Criminal Law and Procedure Nov. 6, 2014
People v. Hicks
Inmate is ineligible for resentencing under Three Strikes Reform Act because he was personally armed with firearm during commission of underlying offense. 		Criminal Law and Procedure Nov. 6, 2014
People v. Rodriguez
Presiding judge may reassign defendant’s renewed suppression motion to different judge where original judge is unavailable due to scheduling conflict. 		Criminal Law and Procedure Nov. 6, 2014
People v. Hussain
Car repair shop owner’s grand theft conviction is overturned because his attorney’s failure to request claim-of-right defense prejudiced him. 		Criminal Law and Procedure Nov. 6, 2014
People v. Eroshevich
Double jeopardy does not absolutely bar retrial of Howard Stern on conspiracy charges related to provision of prescription drugs to Anna Nicole Smith. 		Criminal Law and Procedure Nov. 3, 2014
People v. G.H.
Mentally incompetent defendant facing possible five-year sentence is not entitled to precommittment custody credits for time served against three-year confinement. 		Criminal Law and Procedure Nov. 2, 2014
People v. Aparicio
Appellate court must review denial of petition for resentencing under Three Strikes Reform Act using ‘abuse of discretion’ standard due to highly factual inquiry. 		Criminal Law and Procedure Nov. 2, 2014
People v. Anthony
Inmate is ineligible for resentencing under Three Strike Reform Act when serving one sentence for a serious or violent felony and another which was not. 		Criminal Law and Procedure Oct. 30, 2014
People v. Adams
Prosecutor’s opening statements about fear and witness intimidation to explain reluctance to testify against gang member in capital murder case is not misconduct. 		Criminal Law and Procedure Oct. 30, 2014
People v. Brown
Inmate is ineligible for resentencing relief under Three Strikes Reform Act due to prior disqualifying conviction for oral copulation by force. 		Criminal Law and Procedure Oct. 30, 2014
People v. Tubbs
Trial court improperly strikes requirement that resentenced offender be subject to postrelease community supervision, as mandated under Three Strikes Reform Act. 		Criminal Law and Procedure Oct. 30, 2014
People v. Coleman
Prosecution cannot be forced to run officer witness’ rap sheet, even though it was obligated to disclose material information within its possession under 'Brady.' 		Criminal Law and Procedure Oct. 29, 2014
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