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Nevarez v. Barnes
Validated gang associate in security housing unit loses ex post facto challenge to his ineligibility for conduct credits based on amended California Penal Code.
Criminal Law and Procedure Apr. 28, 2014
U.S. v. Ramirez-Estrada
Booking officer’s testimony may not be admitted at trial, when used only to show that defendant invoked his ‘Miranda’ rights and refused to answer questions.
Criminal Law and Procedure Apr. 28, 2014
U.S. v. Ruiz-Lopez
Various documents used during deportation process may be used as evidence in illegal reentry case to establish that defendant was not a U.S. citizen.
Criminal Law and Procedure Apr. 28, 2014
U.S. v. Thum
District court improperly revokes supervised release for ‘encouraging illegal alien to reside in U.S.’ when probationer escorted alien from restaurant to nearby van.
Criminal Law and Procedure Apr. 28, 2014
Harris v. Superior court (People)
Attorney’s representation at preliminary hearing deprives client of effective assistance where attorney also faced criminal charges following arrest by same officer.
Criminal Law and Procedure Apr. 28, 2014
People v. Tirey
California law violates equal protection by making sex offenders convicted of misconduct with persons under 14 ineligible for relief from sex offender registration.
Criminal Law and Procedure Apr. 28, 2014
People v. Klatt
Trial court may not require sex offender to seek approval from probation officer before forming romantic relationships with persons having custody of a minor.
Criminal Law and Procedure Apr. 25, 2014
Hernandez v. Holland
Bailiff does not need to give 'Miranda' warnings during casual conversation where defendant spontaneously volunteered incriminating information about himself.
Criminal Law and Procedure Apr. 25, 2014
U.S. v. Gomez
Defendant’s prior sexual offense conviction cannot form basis for 16-level sentencing enhancement in current illegal entry conviction.
Criminal Law and Procedure Apr. 25, 2014
Hedlund v. Ryan
Trial court may require defendant to wear leg brace during trial to protect courtroom, because court personnel had reason to believe he might try to escape.
Criminal Law and Procedure Apr. 25, 2014
People v. Goldman
Sex offender who was convicted of continuous sexual abuse of niece, as well as isolated offense, forfeits objection to overlapped charges by failing to demur.
Criminal Law and Procedure Apr. 25, 2014
People v. Osuna
Three strikes offender is ineligible for resentencing under Three Strikes Reform Act, because he was armed with a firearm during his third strike offense.
Criminal Law and Procedure Apr. 25, 2014
People v. Blakely
Three strikes offender may qualify for resentencing under Three Strikes law because it was unclear what criteria trial court used to determine his eligibility.
Criminal Law and Procedure Apr. 25, 2014
White v. Woodall
Federal court incorrectly upends death penalty when state court may have correctly allowed jury to draw inferences from defendant’s refusal to testify at penalty phase.
Criminal Law and Procedure Apr. 24, 2014
Paroline v. U.S.
Possessor of child pornography does not have to pay victim’s entire $3.4 million in losses from the trade in her images.
Criminal Law and Procedure Apr. 24, 2014
People v. Prock
Prosecutor may reargue that defendant planned fatal stabbing after confrontation, despite prior acquittal of first-degree murder charge.
Criminal Law and Procedure Apr. 24, 2014
Braziel v. Superior Court (People)
Three strikes offender is ineligible for resentencing because one of his offenses was a serious felony, even if it was not at time of his conviction.
Criminal Law and Procedure Apr. 24, 2014
Navarette v. California
Traffic stop does not violate Fourth Amendment when California Highway Patrol officers suspected driver was intoxicated based on tip from 911 caller.
Criminal Law and Procedure Apr. 23, 2014
People v. Dubose
Although jury properly convicts youth offenders of torture for beating group home counselor to death, trial court must reconsider whether LWOP is appropriate.
Criminal Law and Procedure Apr. 21, 2014
U.S. v. Taylor
Veteran receives increased sentence for defrauding VA because he lied about domestic violence incident during bond revocation hearing.
Criminal Law and Procedure Apr. 21, 2014
Forbess v. Franke
Federal habeas petitioner may pursue relief despite filing his petition late, because he suffered severe delusions that prevented him from understanding need to file.
Criminal Law and Procedure Apr. 21, 2014
U.S. v. Harrington
Motorist’s conviction for refusal to submit to blood alcohol test is overturned because Yosemite National Park rangers mistakenly told him his refusal was not a crime.
Criminal Law and Procedure Apr. 21, 2014
U.S. v. Christian
Trial court improperly excludes psychologist’s expert testimony solely because he examined defendant for competency, rather than diminished capacity.
Criminal Law and Procedure Apr. 18, 2014
U.S. v. Emmett
District court must provide explanation that allows for meaningful appellate review when denying probationer’s request to terminate his supervised release.
Criminal Law and Procedure Apr. 18, 2014
U.S. v. Odachyan
Armenian immigrant’s sentence for health care fraud is valid, despite allegedly anti-immigrant remarks made by sentencing judge.
Criminal Law and Procedure Apr. 18, 2014
People v. Petrovic
Sex offender is guilty of posessing child pornography on his computer, even if he did not realize that images were stored in computer's temporary Internet files.
Criminal Law and Procedure Apr. 18, 2014
People v. Arevalo
Mere presence of DNA on rock that may have been used to gain entry into nail salon during break-in does not support man’s burglary conviction.
Criminal Law and Procedure Apr. 16, 2014
U.S. v. Charles
Prisoner who received 204-month sentence based on Career Offender Guideline is not eligible for sentence reduction under amendment to crack cocaine guidelines.
Criminal Law and Procedure Apr. 16, 2014
People v. Castillolopez
Man is not guilty of carrying concealed ‘dirk’ or ‘dagger’ based on his possession of pocketknife, because knife’s blade was not locked into position.
Criminal Law and Procedure Apr. 16, 2014
People v. Archuleta
Expert witness’ use of hearsay statement by gang member about defendant violates confrontation clause rights, but does not affect jury’s verdict.
Criminal Law and Procedure Apr. 15, 2014