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People v. Brown
Capital defendant may not claim ineffective assistance based on his defense attorney’s acquiescence to his request not to present mitigating evidence.
Criminal Law and Procedure Jun. 3, 2014
People v. Chiu
Defendant who told friend to shoot someone may not be convicted of first-degree premeditated murder under ‘natural and probable consequences’ doctrine.
Criminal Law and Procedure Jun. 3, 2014
People v. Elmore
Mentally ill man, who fatally stabbed woman, is not entitled to jury instruction on unreasonable self-defense where his perception of threat was entirely delusional.
Criminal Law and Procedure Jun. 3, 2014
People v. Rose
Trial court’s refusal to force prosecution to run rap sheets for police officer witnesses does not violate due process because it did not deny right to discover information.
Criminal Law and Procedure Jun. 2, 2014
People v. Dunckhurst
Inmate is ineligible for resentencing under Three Strikes Reform Act of 2012 because he committed disqualifying prison offense prior to filing petition for recall.
Criminal Law and Procedure Jun. 2, 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. 2, 2014
People v. Arce
Ineffective assistance claim fails where defendant’s counsel had plausible reasons for declining to seek discount in victim’s restitution for future lost wages.
Criminal Law and Procedure May 30, 2014
U.S. v. Sullivan
Government may use evidence obtained from defendant’s laptop, which contained child pornography, despite 21-day delay in obtaining search warrant.
Criminal Law and Procedure May 29, 2014
U.S. v. Rangel-Guzman
Drug offender’s conviction for importation of marijuana is appropriate, despite assistant U.S. attorney’s improper vouching, due to strong evidence against him.
Criminal Law and Procedure May 29, 2014
People v. Martinez
Mandatory supervision condition requiring parolee to report to police gang unit is reasonable, even if his original offense was not clearly gang-related.
Criminal Law and Procedure May 29, 2014
People v. Burrows
Trial court's failure to give notice before reducing and dismissing charges causes reinstatement of felony charges, despite probationer’s exemplary performance.
Criminal Law and Procedure May 29, 2014
People v. Kendrick
Sex offender forfeits right to challenge probation condition restricting his Internet use without prior approval, because he failed to raise issue at trial.
Criminal Law and Procedure May 29, 2014
People v. Petrilli
Wife, whose husband served as driver in several robberies, cannot be forced to testify against her husband, despite previously testifying before grand jury.
Criminal Law and Procedure May 29, 2014
Martinez v. Illinois
Double jeopardy prevents retrial of acquitted defendant in case where prosecution refused to participate in trial, after jury had been empaneled and sworn.
Criminal Law and Procedure May 28, 2014
Hall v. Florida
Defendant with IQ of 71 may challenge death sentence based on his intellectual disability, because Florida’s 70-point threshold for such challenges is unconstitutional.
Criminal Law and Procedure May 28, 2014
U.S. v. Guerrero-Jasso
District court may not use prior deportation dates, one of which occurred after aggravated felony conviction, to increase man’s sentence for illegally reentering U.S.
Criminal Law and Procedure May 28, 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 May 28, 2014
In re Riley
Board of Parole Hearings improperly denies parole to murderer by failing to consider his 30 years of sobriety and his age as a relevant factor.
Criminal Law and Procedure May 27, 2014
U.S. v. Ezeta
College professor commits financial aid fraud by doctoring financial aid forms for students without their knowledge, although he did not personally receive funds.
Criminal Law and Procedure May 27, 2014
People v. Johnson
Inmate is ineligible for resentencing under Three Strikes Reform Act, although witness intimidation was not a serious felony when he committed it in 1998.
Criminal Law and Procedure May 27, 2014
People v. Montes
Capital murderer may not also be convicted of carjacking, because it was already included in offense of kidnapping during a carjacking.
Criminal Law and Procedure May 23, 2014
In re LeBlanc
Governor’s denial of parole to inmate, who fatally stabbed domestic partner’s child, is upheld because lack of insight and mental instability showed his current dangerousness.
Criminal Law and Procedure May 23, 2014
U.S. v. Colon-Arreola
District court correctly imposes 16-level sentencing increase, because defendant’s prior conviction for battery on a peace officer constituted ‘crime of violence.’
Criminal Law and Procedure May 23, 2014
U.S. v. Garza
Court does not have to hold competency hearing where there was no strong connection between defendant's alleged dementia and ability to understand proceedings or defense.
Criminal Law and Procedure May 21, 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 May 21, 2014
People v. Valencia
Although trial court should have awarded defendant three extra days in presentence credits, issues are moot because defendant already served entire sentence.
Criminal Law and Procedure May 20, 2014
Vega v. Ryan
Lawyer gives ineffective assistance by failing to present testimony of priest, who heard victim take back sexual abuse allegations against her stepfather.
Criminal Law and Procedure May 20, 2014
People v. Scott
After revocation of probation, low-level felony offender, who was sentenced before Oct. 1, 2011, must serve his sentence in state prison, rather than county jail.
Criminal Law and Procedure May 20, 2014
Hurles v. Ryan
Judicial recusal may be appropriate where judge became involved in capital defendant’s appeal by making statements regarding evidence of guilt before trial.
Criminal Law and Procedure May 19, 2014
People v. Brown
Police officer has sufficient information to detain parked drunken driver, after responding to anonymous 911 call reporting a dangerous fight in the vicinity.
Criminal Law and Procedure May 15, 2014