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People v. Ebertowski
Probation conditions may require gang member to provide his passwords to electronic devices and social media websites to allow warrantless searches.
Criminal Law and Procedure Aug. 13, 2014
People v. Superior Court (Johnson)
In fulfilling constitutional duty under ‘Brady’ to disclose exculpatory evidence in criminal cases, prosecutor is entitled to direct access to peace officer personnel files.
Criminal Law and Procedure Aug. 12, 2014
In re Greenshields
Persons who are found not guilty by reason of insanity have right to refuse antipsychotic medications, unless court finds that they are incompetent or dangerous.
Criminal Law and Procedure Aug. 12, 2014
People v. Soto
Inmate is ineligible for resentencing even though part of his sentence, relating to crime where he was armed with firearm, was stayed.
Criminal Law and Procedure Aug. 11, 2014
Steen v. Appellate Division, Superior Court (People)
Court clerk may issue misdemeanor complaint for offense of failure to appear, following prosecutorial agency’s implicit, advance approval of such issuance.
Criminal Law and Procedure Aug. 11, 2014
U.S. v. Mageno
Prosecution’s misstatement of fact during closing argument requires reversal of conspiracy conviction, even where government raised issue itself on appeal.
Criminal Law and Procedure Aug. 11, 2014
People v. Quinones
Inmate is not eligible for resentencing under Three Strikes Reform Act where arming enhancement was found true, but dismissed for sentencing purposes.
Criminal Law and Procedure Aug. 11, 2014
In re Williams
Mentally incompetent man’s continued incarceration in county jail is improper because he could not receive treatment he needed to attain competency while in jail.
Criminal Law and Procedure Aug. 10, 2014
U.S. v. Lopez
Government may convict Mexican citizen for illegally reentering U.S. after being deported, even if it could not produce order of deportation.
Criminal Law and Procedure Aug. 7, 2014
People v. Hernandez
Appointed appellate counsel’s brief may not present 'arguable-but-unmeritorious' issues for consideration by appellate court.
Criminal Law and Procedure Aug. 6, 2014
People v. Carrasco
Defendant in death penalty case is not entitled to second counsel where first counsel was retained and not ‘appointed.’
Criminal Law and Procedure Aug. 5, 2014
People v. Hojnowski
Inmate who was convicted of three counts of battery by gassing while in prison is required to serve consecutive terms on all three counts.
Criminal Law and Procedure Aug. 5, 2014
U.S. v. Hernandez-Arias
Mexican citizen, who had temporary resident status in U.S., illegally attempts to reenter country because his status was revoked by prior conviction.
Criminal Law and Procedure Aug. 5, 2014
People v. Capistrano
Trial court properly excuses prospective jurors who unequivocally stated that they would be unable to impose death penalty regardless of the evidence.
Criminal Law and Procedure Aug. 4, 2014
U.S. v. Carr
Getaway driver and gun-toting robber also commits ‘forced accompaniment’ although their partner was the only person involved in shoving match during bank robbery.
Criminal Law and Procedure Aug. 4, 2014
People v. Hensley
Death penalty judgment is reversed because juror engaged in prejudicial misconduct by consulting with pastor regarding penalty phase while wrestling with decision.
Criminal Law and Procedure Jul. 31, 2014
U.S. v. Stewart
District court properly sentences GHB distributor as a career offender based on two prior state felony drug convictions, and despite low drug purity.
Criminal Law and Procedure Jul. 31, 2014
U.S. v. Parker
U.S. Forest Service has jurisdiction over activities that affect, threaten, or endanger Forest Service property, even if occurring on county road with easement.
Criminal Law and Procedure Jul. 31, 2014
U.S. v. Edwards
Officers have reasonable suspicion to stop man who matched anonymous caller's description of shooter and may point guns at him without turning stop into arrest.
Criminal Law and Procedure Jul. 31, 2014
People v. Guilford
Trial court may rely on appellate court’s opinion regarding defendant’s convictions in finding him ineligible for resentencing under Three Strikes Reform Act.
Criminal Law and Procedure Jul. 31, 2014
U.S. v. Reyes-Solosa
District court may continue post-revocation sentence for three weeks until supervised releasee receives sentence in illegal reentry case to consider breach of trust.
Criminal Law and Procedure Jul. 30, 2014
People v. London
Marijuana grower’s cannabis expert may not testify that cultivation was lawful when he knew nothing about collective and operations vary greatly.
Criminal Law and Procedure Jul. 30, 2014
People v. Hernandez
Appointed appellate counsel’s brief may not present 'arguable-but-unmeritorious' issues for consideration by appellate court.
Criminal Law and Procedure Jul. 29, 2014
U.S. v. Hurtado
Defendant who smuggled 11.64 kilograms of cocaine into U.S. is not entitled to ‘minor role’ sentence reduction, even if other participants had above-average culpability.
Criminal Law and Procedure Jul. 29, 2014
People v. Leonard
Pimp is guilty of aiding and abetting assault by using his wheelchair to block prostitute from escaping in her vehicle to facilitate mob’s severe beating.
Criminal Law and Procedure Jul. 29, 2014
U.S. v. Gowadia
Statements made by engineer, who leaked classified information, during interviews before arrest are admissible where time between confession and arrest was reasonable.
Criminal Law and Procedure Jul. 28, 2014
U.S. v. Szabo
Veterans Affairs medical center patient, who was convicted of causing disturbance at facility, must bring overbreadth challenge to regulation in Federal Circuit.
Criminal Law and Procedure Jul. 28, 2014
U.S. v. Valdez-Novoa
Mexican citizen may not overturn conviction for attempting to enter U.S. without consent by arguing immigration judge did not tell him he was eligible for voluntary departure.
Criminal Law and Procedure Jul. 28, 2014
People v. Castillo
Defense counsel's incorrect advice on maximum sentence does not prejudice defendant, who hoped to win motion regarding informants, instead of making lower offer.
Criminal Law and Procedure Jul. 28, 2014
People v. Redd
Inmate’s alleged conspiracy with prison cook to smuggle cell phones and tobacco into prison does not justify conviction for obstruction of justice.
Criminal Law and Procedure Jul. 28, 2014