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People v. Lofchie
University of California faculty member may not be criminally prosecuted for participating in decision to hire his wife for summer study abroad course.
Criminal Law and Procedure Aug. 27, 2014
U.S. v. Mendez
Under Washington law, adult’s prior juvenile adjudication for firearm possession constitutes conviction that may serve as basis for federal felon-in-possession charge.
Criminal Law and Procedure Aug. 26, 2014
James v. State
Husband’s misdemeanor battery conviction is ‘misdemeanor crime of domestic violence,’ making him ineligible to possess any firearm under federal Gun Control Act.
Criminal Law and Procedure Aug. 26, 2014
People v. J.S.
Court must hear mentally disordered offender’s timely petition challenging her classification, although initial term of involuntary treatment had already expired.
Criminal Law and Procedure Aug. 26, 2014
People v. Lujano
Police officers unlawfully detain man they suspected was committing burglary, but was actually a resident, where nothing suggested he was involved in a crime.
Criminal Law and Procedure Aug. 26, 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 Aug. 25, 2014
Woods v. Sinclair
Habeas petitioner’s procedural default on claims in death penalty case may be excused due to post-conviction counsel’s ineffective assistance, if substantial.
Criminal Law and Procedure Aug. 25, 2014
U.S. v. Fowlkes
Forcible removal of drugs from defendant's rectum during warrantless body cavity search by officers without medical training violates Fourth Amendment.
Criminal Law and Procedure Aug. 25, 2014
Hernandez v. Spearman
Prisoner’s federal habeas corpus petition is considered filed at moment it was delivered to prison officials, even if another prisoner delivered petition to officials.
Criminal Law and Procedure Aug. 24, 2014
People v. Baniani
Medical marijuana collective operator is entitled to jury instruction on MMPA defense because evidence showed collective was not profit-making enterprise.
Criminal Law and Procedure Aug. 24, 2014
People v. Lucas
Throat-slashing killer fails to overturn multiple murder convictions and death sentence because joinder of other similar cases did not result in prejudice.
Criminal Law and Procedure Aug. 21, 2014
Mayes v. Premo
Trial court's credit to prosecution’s race-neutral explanations for striking black potential jurors is not objectively unreasonable based on comparative analysis.
Criminal Law and Procedure Aug. 21, 2014
United States v. Cyr
Canadian citizen’s bulk cash smuggling of $132,245 into U.S. properly results in forfeiture of entire amount, where it was likely connected to drug trafficking.
Criminal Law and Procedure Aug. 21, 2014
U.S. v. Gadson
Police officer may offer testimony interpreting content of telephone conversations based on direct knowledge of investigation and persons involved.
Criminal Law and Procedure Aug. 19, 2014
U.S. v. Cisneros
Career criminal’s mandatory 15-years sentence is appropriately based on prior convictions for fleeing or attempting to elude police officers in vehicle.
Criminal Law and Procedure Aug. 19, 2014
Jones v. Taylor
Witness recantations that merely cast doubt on habeas petitioner’s guilt are insufficient to merit habeas relief on his freestanding claim of actual innocence.
Criminal Law and Procedure Aug. 19, 2014
People v. Hubbard
Defendant is not entitled to resentencing under amended recidivist sentencing provisions where one of two commitment convictions was for serious and violent felony.
Criminal Law and Procedure Aug. 19, 2014
People v. Adair
Defendant convicted of annoying child may be required to wait 10 years from discharge before seeking certificate of rehabilitation without violating equal protection.
Criminal Law and Procedure Aug. 19, 2014
People v. Sanchez
Thief’s conviction for grand theft of copper wire is upheld although prosecutor made improper comments regarding his decision not to testify at trial.
Criminal Law and Procedure Aug. 19, 2014
People v. Merriman
Death verdict is upheld where trial court properly joined charges related to capital and noncapital crimes that occurred before murder.
Criminal Law and Procedure Aug. 18, 2014
People v. Shazier
Prosecutor’s suggestion to jurors that they would face contempt from community unless they found defendant to be sexually violent predator does not require reversal.
Criminal Law and Procedure Aug. 18, 2014
Arrendondo v. Neven
Habitual criminal is not entitled to habeas relief where he voluntarily waived right to counsel in light of court’s warnings and his understanding of charges.
Criminal Law and Procedure Aug. 18, 2014
Moore v. Helling
Murderer is not entitled to habeas relief, even if Nevada state court failed to issue jury instruction separately defining ‘willful,’ ‘deliberate’ and ‘premeditated’ killing.
Criminal Law and Procedure Aug. 17, 2014
People v. Banks
Capital defendant's conviction for willful, deliberate and premeditated attempted murder is reduced where court failed to instruct jury on meaning of relevant terms.
Criminal Law and Procedure Aug. 14, 2014
Peopel v. McCurdy
Murderer sentenced to death may not challenge trial court's denial of motion to change venue when he did not renew motion and factors weighed against change.
Criminal Law and Procedure Aug. 14, 2014
People v. Tom
Driver may not benefit from privilege against self-incrimination with respect to postarrest, pre-Miranda silence where it was unclear whether he invoked right to silence.
Criminal Law and Procedure Aug. 14, 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 Aug. 14, 2014
People v. Deluca
National Guard Armory emergency winter shelter where sex offender frequently stayed is ‘residence’ for purposes of sex offender registration requirement.
Criminal Law and Procedure Aug. 14, 2014
Stanley v. Chappell
Ninth Circuit lacks jurisdiction to hear murderer’s appeal of district court’s stay-and-abeyance order because order did not effectively 'put him out of court.'
Criminal Law and Procedure Aug. 13, 2014
U.S. v. Orozco
Defendant may not invoke right to testify when he initially remained silent, but changed his mind after hearing prosecution’s closing, and failed to offer excuse.
Criminal Law and Procedure Aug. 13, 2014