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People v. Batchelor
Driver’s murder conviction is overturned because he was entitled to have second jury informed of vehicular manslaughter conviction in earlier, related trial.
Criminal Law and Procedure Oct. 9, 2014
U.S. v. Renzi
Former Arizona Congressman who ran insurance agency commits insurance fraud by sending misleading letters to clients and regulators to conceal diverted campaign funds.
Criminal Law and Procedure Oct. 9, 2014
People v. Clark
Police have no duty to investigate whether suspect may be cultivating marijuana legally under the Compassionate Use Act prior to obtaining search warrant.
Criminal Law and Procedure Oct. 9, 2014
People v. Rinehart
Gold prospector’s conviction for violating California’s mining permit requirement is overturned because federal mining laws possibly preempted state laws at issue.
Criminal Law and Procedure Oct. 8, 2014
Clark v. Arnold
Counsel for defendant convicted of murder is not ineffective due to failure to preserve issue of defendant’s mental disorder, when law on issue was unclear.
Criminal Law and Procedure Oct. 8, 2014
U.S. v. Heredia
Mexican citizen is entitled to resentencing of illegal reentry conviction because prosecutor breached fast-track plea deal by advocating harsher sentence than stipulated.
Criminal Law and Procedure Oct. 8, 2014
Trillo v. Biter
Man is not entitled to habeas relief from second-degree murder conviction due to prosecutor’s inappropriate comments about witness inconsistencies and ‘lame’ story.
Criminal Law and Procedure Oct. 6, 2014
People v. Vaughn
Defendant unlawfully transfers firearm to police informant, even though he did not know informant was an unlicensed firearms dealer.
Criminal Law and Procedure Oct. 6, 2014
Lopez v. Smith
Ninth Circuit cannot rely on its own precedent in ruling it was clearly established that murderer was ambushed with new theory of liability at trial.
Criminal Law and Procedure Oct. 6, 2014
People v. Jones
Murderer may not reduce first-degree murder conviction where information was silent and jury did not make separate finding as to degree.
Criminal Law and Procedure Oct. 6, 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. 5, 2014
People v. White
Gang member is guilty of aiding and abetting shooting at inhabited dwelling by handing gun to accomplice and directing him to shoot as victims ran.
Criminal Law and Procedure Oct. 5, 2014
People v. Bryant
Capital defendants fail to overturn death sentences by claiming that use of REACT belts, which could electrically shock them, violated their constitutional rights.
Criminal Law and Procedure Oct. 2, 2014
People v. Fields
Pimp-in-training’s felony conviction for oral copulation with minor does not violate equal protection, even if intercourse with minor is punishable as misdemeanor.
Criminal Law and Procedure Oct. 1, 2014
People v. Christiansen
Superior court is required to order destruction of fingerprint impressions obtained at time of arrest, after finding defendant factually innocent of charges.
Criminal Law and Procedure Sep. 30, 2014
U.S. v. Aguilera-Rios
Deported Mexican citizen overturns illegal reentry conviction because his prior California firearms possession conviction was not a deportable offense to begin with.
Criminal Law and Procedure Sep. 29, 2014
Deck v. Jenkins
Prosecutor misstates law by telling jurors that intent to engage in lewd act at some point in future is sufficient for conviction for attempted lewd act on child.
Criminal Law and Procedure Sep. 29, 2014
People v. Doss
Trial court must determine whether defendant engaged in 'serious and obstructionist misconduct' before revoking his right to represent himself.
Criminal Law and Procedure Sep. 28, 2014
People v. Espinosa
Trial court may not reduce first degree murder conviction to second degree murder and give lower sentence, after defendant had already filed appeal.
Criminal Law and Procedure Sep. 25, 2014
People v. Pennington
Harbor patrol officer, who performed necessary duties at harbor, qualifies as 'peace officer' for purposes of misdemeanor battery on peace officer conviction.
Criminal Law and Procedure Sep. 23, 2014
People v. Fialho
After jury convicted defendant of manslaughter, instead of murder, trial court may impose lesser enhancement for personal firearm use, rather than intentional discharge.
Criminal Law and Procedure Sep. 23, 2014
U.S. v. Apel
Ninth Circuit upholds district court’s judgment in criminal case in light of U.S. Supreme Court’s 'U.S. v. Apel' decision.
Criminal Law and Procedure Sep. 22, 2014
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 Sep. 22, 2014
U.S. v. Garcia
Government proves defendant's act of damaging apartment building with pipe bomb substantially affected interstate commerce for federal jurisdictional purposes.
Criminal Law and Procedure Sep. 18, 2014
People v. De La Rosa
Defendant's appeal of finding of incompetency is not rendered moot due to his restoration to competency and continuation of criminal proceedings.
Criminal Law and Procedure Sep. 18, 2014
People v. Watt
Jury instruction that defendant would not be guilty of receiving stolen property if he reasonably believed items were dumped does not require reversal of conviction.
Criminal Law and Procedure Sep. 18, 2014
Gibbs v. LeGrand
Attorney’s failure to notify client of state court decision constitutes client abandonment, which entitles prisoner to more time to file federal habeas petition.
Criminal Law and Procedure Sep. 17, 2014
People v. Sem
After formally revoking defendant’s probation for failure to pay restitution, trial court must either sentence defendant to prison or reinstate probation.
Criminal Law and Procedure Sep. 17, 2014
People v. Chaides
Criminal complaint adequately alleges defendant had felony conviction for carrying concealed firearm while being active gang participant for three strikes purposes.
Criminal Law and Procedure Sep. 17, 2014
People v. Peyton
Criminal defendant’s motion to disqualify judge pursuant to due process clause fails to meet heightened standard of probability of actual bias.
Criminal Law and Procedure Sep. 16, 2014