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Name Category Published
U.S. v. Swisher
Federal law that criminalizes unauthorized wearing of military medals with intent to deceive does not violate First Amendment. 		Criminal Law and Procedure Oct. 29, 2014
People v. James
Light rail rider’s conviction for battery against transportation agent is reduced to simple battery because his security guard victim was not a 'station agent.' 		Criminal Law and Procedure Oct. 28, 2014
Abbott v. Federal Bureau of Prisons
Federal Bureau of Prisons improperly finds inmate is ineligible for early release based on prior Montana conviction for unlawful restraint. 		Criminal Law and Procedure Oct. 27, 2014
U.S. v. Castro-Ponce
Narcotics trafficker may not receive sentence increase based on obstruction of justice until district court finds his false testimony was also material and willful. 		Criminal Law and Procedure Oct. 26, 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. 26, 2014
People v. Rossetti
Warrantless blood sample taken from drunken driving suspect need not be suppressed when police had good faith belief that California law did not require warrant. 		Criminal Law and Procedure Oct. 23, 2014
Williams v. Swarthout
Judge’s mistaken statement to jury that defendant pleaded guilty to charges constitutes prejudicial error, despite judge’s later curative instructions. 		Criminal Law and Procedure Oct. 23, 2014
U.S. v. Moore
Drug trafficker who stood by while officers searched home he shared with his fiancée cannot invalidate fiancée’s consent to search, absent his express refusal. 		Criminal Law and Procedure Oct. 23, 2014
Hughes v. U.S.
U.S. Supreme Court rule that any fact increasing mandatory minimum is an element that must be submitted to jury is not retroactive to cases on collateral review. 		Criminal Law and Procedure Oct. 23, 2014
People v. Harbison
Nonviolent drug offenders, who have repeatedly been ordered into treatment, but have been found unamenable, must be sentenced to 30 days following conviction. 		Criminal Law and Procedure Oct. 22, 2014
People v. Dawkins
Trial court properly admits 9-1-1 recording about ongoing burglary made by anonymous caller based on deputy’s testimony regarding recording’s authenticity. 		Criminal Law and Procedure Oct. 22, 2014
U.S. v. Vera
District court’s failure to admonish jury regarding officer’s dual roles as lay and expert witness warrants resentencing of defendants' drug convictions. 		Criminal Law and Procedure Oct. 22, 2014
U.S. v. Bell
Right to counsel is not violated where self-represented defendant had opportunity to make closing argument, even though court did not prompt him to make one. 		Criminal Law and Procedure Oct. 22, 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 Oct. 22, 2014
People v. Mullendore
Pedestrian upends felony conviction for striking driver’s windshield with backpack because jury should have heard about lesser included misdemeanor offense. 		Criminal Law and Procedure Oct. 21, 2014
People v. Whitmer
Dealership manager who arranged for fraudulent sale of 20 motorcycles fails to overturn grand theft of automobile convictions, although motorcycle is not ‘automobile.’ 		Criminal Law and Procedure Oct. 21, 2014
People v. Gonzalez
Defendant may be convicted of oral copulation of unconscious person and oral copulation of intoxicated person, although both convictions were based on same act. 		Criminal Law and Procedure Oct. 20, 2014
U.S. v. Hernandez
Defendant’s prior state conviction for being felon in possession of firearm may not be used for purposes of federal sentencing enhancement in illegal reentry case. 		Criminal Law and Procedure Oct. 20, 2014
People v. Garcia
Inmate with nonstop criminal history fails to overturn Three Strikes Reform Act’s ‘unreasonable risk of danger to public safety’ provision as unconstitutionally vague. 		Criminal Law and Procedure Oct. 16, 2014
People v. Brimmer
Prisoner serving indeterminate life sentence under Three Strikes law is ineligible for resentencing when armed with firearm during commission of possession of firearm offense. 		Criminal Law and Procedure Oct. 16, 2014
People v. Blakely
Attacker cannot prove he was insane while robbing victim he believed was a demon because he needed to offer evidence that he did not know right from wrong. 		Criminal Law and Procedure Oct. 16, 2014
Williams v. Superior Court (People)
In parole revocation proceedings, Orange County must provide a probable cause hearing within 15 days of arrest and allow parolees to present evidence. 		Criminal Law and Procedure Oct. 15, 2014
People v. Lind
60-day time limit to hold preliminary hearing after defendant enters plea is tolled when defendant files motion to disqualify judge. 		Criminal Law and Procedure Oct. 15, 2014
People v. Gjersvold
Jury must find ex-convict did not have ‘informed consent’ when he entered prison grounds in order to convict him of unauthorized entry onto grounds. 		Criminal Law and Procedure Oct. 15, 2014
Litmon v. Harris
California law requiring sexually violent predators to verify personal information at local police station every 90 days does not violate equal protection rights. 		Criminal Law and Procedure Oct. 14, 2014
People v. Archer
Offender may not withdraw plea based on trial court’s alleged miscalculation of his maximum prison term based on charges arising from one crime spree. 		Criminal Law and Procedure Oct. 14, 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. 13, 2014
Opinion of Harris (09-308)
Courts that receive funds from former probationers for payment of statutory fines and fees must first allocate funds toward unpaid victim restitution. 		Criminal Law and Procedure Oct. 12, 2014
People v. Accredited Surety Casualty Co.
Surety’s delay in seeking relief from bond forfeiture is unreasonably based on belief that defendant would be returned to county despite outstanding warrants elsewhere. 		Criminal Law and Procedure Oct. 12, 2014
People v. Evans
Police exceed scope of private search by computer repairman in violation of Fourth Amendment by taking files and viewing videos not viewed by repairman. 		Criminal Law and Procedure Oct. 12, 2014
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