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People v. Robinson
Beauty salon worker commits sexual battery by fraud against victims he duped into believing massage was legitimate, but not against those who balked at his actions.
Criminal Law and Procedure Jun. 24, 2014
People v. Itehua
Man whose stalking of married woman involved pattern of implied threats of violence against her meets criteria for commitment as mentally disordered offender.
Criminal Law and Procedure Jun. 24, 2014
Loughrin v. United States
Government does not need to prove man who forged stolen checks intended to defraud financial institutions to convict him under federal bank fraud statute.
Criminal Law and Procedure Jun. 23, 2014
People v. Delarosarauda
Trial court may not issue protective order prohibiting father from contacting children, despite domestic violence against mother, because he did not hurt them.
Criminal Law and Procedure Jun. 22, 2014
In re Champion
Capital murderer is not entitled to habeas relief from conviction, despite trial attorney’s failure to present evidence against involvement in other crimes.
Criminal Law and Procedure Jun. 19, 2014
U.S. v. Rodriguez
District court properly excludes evidence of prison’s medical negligence at trial of men, who fatally stabbed another inmate, because such negligence was foreseeable.
Criminal Law and Procedure Jun. 19, 2014
U.S. v. Richardson
Congress properly delegates authority to Attorney General to determine applicability of SORNA’s registration requirements to pre-SORNA sex offenders.
Criminal Law and Procedure Jun. 19, 2014
U.S. v. Sardariani
Court properly applies two-level sentencing increase to fraudster’s sentence due to his use of forged signatures and notary seals that qualified as ‘authentication features.’
Criminal Law and Procedure Jun. 19, 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 Jun. 18, 2014
People v. Machado
Court may not automatically deny petition for resentencing under Three Strikes Reform Act when commitment offenses included violent and nonviolent felonies.
Criminal Law and Procedure Jun. 18, 2014
U.S. v. Jackson
Marine Corps maintenance worker’s conviction for manufacture of federal identification card is inappropriate, given that government did not prescribe card’s design.
Criminal Law and Procedure Jun. 18, 2014
People v. Aguilar
Lawful resident fails to vacate conviction for felony firearm possession based on his attorney's alleged failure to advise him of the immigration consequences of his plea.
Criminal Law and Procedure Jun. 18, 2014
Abramski v. U.S.
Former police officer may not avoid conviction for acting as ‘straw buyer’ by falsely indicating he was actual gun buyer, although gun was for his uncle.
Criminal Law and Procedure Jun. 17, 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 Jun. 17, 2014
People v. Espinoza
Three strikes offender still must participate in post-release community supervision, although he was resentenced and released after serving more than 15 years.
Criminal Law and Procedure Jun. 17, 2014
People v. Davis
Homeless man who was convicted of burglary cannot appeal trial court’s decision to seal police officer’s records 12 years later in connection with different matter.
Criminal Law and Procedure Jun. 16, 2014
U.S. v. Quintero-Junco
Although district court misapplied approach for determining whether Arizona sex offense was a crime of violence, defendant’s sentence increase remains intact.
Criminal Law and Procedure Jun. 13, 2014
Dixon v. Williams
Trial court incorrectly instructs jury that honest but reasonable, instead of unreasonable, belief in need for self-defense may not reduce murder to manslaughter.
Criminal Law and Procedure Jun. 12, 2014
People v. Rivera
Trial court must accept appeal of restitution order, because defense attorney’s failure to file separate appeal of order on time amounted to ineffective assistance.
Criminal Law and Procedure Jun. 9, 2014
People v. Martinez (E057976)
Hit-and-run driver does not have to pay $425,655 in victim restitution because he never pleaded guilty to causing accident that resulted in victim’s traumatic brain injury.
Criminal Law and Procedure Jun. 9, 2014
People v. Martinez (H039398)
Drug dealer convicted of manslaughter after woman died of drug overdose may be subject to great bodily injury enhancement in connection with drug offenses.
Criminal Law and Procedure Jun. 9, 2014
People v. Debose
Death penalty is upheld for man who murdered woman by following her out of casino and burning her car, despite improper arson-murder special circumstance.
Criminal Law and Procedure Jun. 6, 2014
People v. Goldsmith
Traffic camera photographs and video are properly used at trial to show that woman ran red light because officer's testimony sufficiently authenticated the evidence.
Criminal Law and Procedure Jun. 6, 2014
People v. Trinh
Mass shooter fails to overturn death penalty, despite trial court’s error regarding heat of passion defense, because his victims did not provoke him.
Criminal Law and Procedure Jun. 6, 2014
U.S. v. Spear
Physician may appeal conviction from illegitimate drug distribution, despite waiver provision in plea agreement, because scope of waiver only concerned his sentence.
Criminal Law and Procedure Jun. 6, 2014
People v. Manning
Trial court must explain its reasons for denying request for resentencing where Three Strikes offender’s prior convictions for rape might not have disqualified him.
Criminal Law and Procedure Jun. 6, 2014
U.S. v. Osinger
Ex-boyfriend may not overturn stalking conviction because statute was not unconstitutionally vague and First Amendment did not protect his disturbing messages.
Criminal Law and Procedure Jun. 5, 2014
People v. Jandres
Man escapes rape conviction because trial court mistakenly allowed testimony of attempted kidnapping victim to show his propensity to commit sexual offense.
Criminal Law and Procedure Jun. 4, 2014
People v. American Contractors Indemnity Co.
Trial court properly forfeits bond after defendant failed to appear at hearing without executing a written waiver, even if court did not expressly require his attendance.
Criminal Law and Procedure Jun. 3, 2014
Bond v. U.S.
Chemical weapons treaty may not be used to prosecute jilted wife, who made amateur attempt to injure her husband's lover with toxic chemicals.
Criminal Law and Procedure Jun. 3, 2014