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Lowe v. Superior Court (People)
Trial court may use facts from jury trial of felon convicted of possessing firearm in finding him ineligible for Three Strikes resentencing, despite reversal of other charges.
Criminal Law and Procedure Jul. 27, 2014
McDaniels v. Kirkland
California appellate court has no duty to augment record to allow for comparative juror analysis when analyzing whether prosecutor excluded African-American jurors based on race.
Criminal Law and Procedure Jul. 27, 2014
Fong v. Ryan
Prosecutor’s use of detective’s allegedly false testimony regarding identity of suspect obtained from informant does not require reversal of murder convictions.
Criminal Law and Procedure Jul. 27, 2014
People v. Elder
Inmate may not recall indeterminate life sentence, given that he was considered 'armed' when he committed offense of unlawful gun possession while being a felon.
Criminal Law and Procedure Jul. 27, 2014
People v. Catalan
After felon violated terms of mandatory supervision for first time by opening checking account without permission, court properly adds 550 days to county jail sentence.
Criminal Law and Procedure Jul. 24, 2014
People v. Boyce
Capital defendant is entitled to resentencing on aspect of determinate sentence where trial court imposed upper term on robbery count without true finding by jury.
Criminal Law and Procedure Jul. 24, 2014
People v. Shapiro
California man may be convicted of contacting 16-year-old victim on Internet to commit sex crime when victim was in Indiana, where age of consent is 16.
Criminal Law and Procedure Jul. 24, 2014
People v. Sweeney
Operators of online business engage in unlawful ‘endless chain scheme’ by selling memberships with promises of compensation based on recruitment of new members.
Criminal Law and Procedure Jul. 24, 2014
People v. Whitmer
Defendants may be convicted of many grand theft counts based on separate and distinct acts of theft committed pursuant to single overarching scheme.
Criminal Law and Procedure Jul. 24, 2014
U.S. v. Kiefer
Application of two-level sentence increase for use of computer does not result in double counting where defendant was convicted for receiving child pornography.
Criminal Law and Procedure Jul. 24, 2014
People v. Rader
Defendant who paid for meal at restaurant with counterfeit bills may be convicted of felony petty theft, instead of misdemeanor charge of defrauding innkeeper.
Criminal Law and Procedure Jul. 23, 2014
U.S. v. Daniels
District court must address supervised releasee personally to ask if he wants to make a statement in mitigation before imposing a post-revocation sentence.
Criminal Law and Procedure Jul. 23, 2014
People v. Hajek and Vo
Death sentence is upheld for men who held entire family hostage for hours and tortured elderly grandmother before killing her.
Criminal Law and Procedure Jul. 23, 2014
People v. Brown
California's ban on shotguns with an overall length of less than 26 inches, or short-barreled shotguns, does not violate Second Amendment.
Criminal Law and Procedure Jul. 22, 2014
People v. Chenault
Support dog may be present while child sexual abuse victims testify at trial where dog could assist them to recall events and give clearer testimony.
Criminal Law and Procedure Jul. 22, 2014
Wood v. Ryan
Capital defendant may not reopen his case without showing extraordinary circumstances, or obtain reconsideration of prior day's denial of motion to reopen.
Criminal Law and Procedure Jul. 22, 2014
Wood v. Ryan
Capital defendant obtains delay of execution until Arizona provides him with information regarding method of execution, including drugs and personnel qualifications.
Criminal Law and Procedure Jul. 21, 2014
U.S. v. Liera-Morales
ICE agent’s testimony about mother’s telephone conversation with son’s captors does not violate Confrontation Clause where call addressed hostage situation.
Criminal Law and Procedure Jul. 21, 2014
People v. Fiore
Man’s conviction for robbery of marijuana seller's acquaintance, who was present during drug deal, is improper, because he did not own or possess the marijuana.
Criminal Law and Procedure Jul. 17, 2014
People v. Povio
Defendant does not forfeit challenge to probation supervision fee based on inability to pay by failing to object when trial court imposed fee.
Criminal Law and Procedure Jul. 17, 2014
Velasquez v. Superior Court (People)
Intoxicated fixed gear bicyclist, who severely injured pedestrian while biking downhill, may be charged with recklessly driving a ‘vehicle.’
Criminal Law and Procedure Jul. 17, 2014
People v. Dowdell
Girlfriend fails to overturn kidnapping-related convictions although court mistakenly denied her request for instructions concerning battered woman syndrome.
Criminal Law and Procedure Jul. 17, 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 Jul. 15, 2014
People v. Elder
Inmate may not recall indeterminate life sentence, given that he was considered 'armed' when he committed offense of unlawful gun possession while being a felon.
Criminal Law and Procedure Jul. 15, 2014
People v. Bradford
Three Strikes inmate is eligible for resentencing relief where his commitment offense involved possession of wire cutters, which he did not use as weapon.
Criminal Law and Procedure Jul. 15, 2014
Amado v. Gonzalez
Prosecution's failure to reveal key witness' criminal background and gang affiliation results in reversal of 1998 conviction for aiding and abetting murder on public bus.
Criminal Law and Procedure Jul. 13, 2014
U.S. v. Ruiz
Omissions by search warrant affiant regarding drug-related activity of witness, who identified defendant in photo lineup, do not fatally undermine search warrant.
Criminal Law and Procedure Jul. 13, 2014
People v. Myers
Evidence of prior robbery of donut shop is admissible to prove defendant had a common plan or design when committing similar robbery of hotel.
Criminal Law and Procedure Jul. 13, 2014
People v. Huynh
Increased sentence under ‘One Strike’ law for sexual offenders requires that prior conviction precede the commission of the currently charged offense.
Criminal Law and Procedure Jul. 13, 2014
People v. DeVaughn
Money laundering convictions based on personal checks must be reversed for three men who used fictitious identity to enter into numerous fraudulent loan transactions.
Criminal Law and Procedure Jul. 10, 2014