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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 Apr. 15, 2014
People v. Chilelli
Trial court must award slightly fewer presentence conduct credits to stalker based on law in effect when he stopped, rather than started, stalking victim.
Criminal Law and Procedure Apr. 15, 2014
U.S. v. Villalobos
Attorney’s conviction for attempted extortion is upheld, despite instructional error, because he threatened to have client impede criminal investigation, in return for money.
Criminal Law and Procedure Apr. 14, 2014
U.S. v. Gillenwater
District court properly orders involuntary medication of delusional man, who sent several threatening emails to government officials and employees for more than a year.
Criminal Law and Procedure Apr. 14, 2014
U.S. v. Barrios-Siguenza
Deported man gets retrial of invalid conviction for assault on federal officer where counsel assured that he would be willing to return.
Criminal Law and Procedure Apr. 10, 2014
U.S. v. Sheldon
Prosecution does not need to prove that man knew recorder used for child pornography was made outside of his state to convict him for sexual exploitation of child.
Criminal Law and Procedure Apr. 10, 2014
People v. Safety National Casualty Insurance Co.
Trial court incorrectly orders forfeiture of bail bond due to felony defendant's failure to attend hearing he was not required to attend by court or law.
Criminal Law and Procedure Apr. 10, 2014
People v. Sheehy
Thief is disqualified from serving sentence in county jail under Criminal Justice Realignment Act, because prior conviction required him to register as sex offender.
Criminal Law and Procedure Apr. 10, 2014
U.S. v. Dominguez-Maroyoqui
Prior conviction for assault of federal officer does not qualify as a crime of violence for purposes of 12-level sentence increase on illegal reentry conviction.
Criminal Law and Procedure Apr. 8, 2014
People v. Arriaga
Mexican citizen, who sought to vacate previous conviction that could lead to his deportation, may pursue his appeal without obtaining certificate of probable cause.
Criminal Law and Procedure Apr. 8, 2014
U.S. v. Albino-Loe
Government may use ‘Notice to Appear’ document filed during immigration court proceedings at defendant’s criminal trial for illegally reentering country.
Criminal Law and Procedure Apr. 8, 2014
U.S. v. French
Operator of eBay business, who charged customers without delivering items, waives right to counsel by deciding to represent herself, despite court’s warnings.
Criminal Law and Procedure Apr. 8, 2014
People v. Waxler
Police officer has reasonable cause to search truck after smelling odor of burnt marijuana and observing marijuana pipe inside vehicle.
Criminal Law and Procedure Apr. 7, 2014
People v. Rowe
Woman must face charges of soliciting forcible rape and sodomy, because she posted ads online encouraging men to go to victim’s house for sex.
Criminal Law and Procedure Apr. 7, 2014
People v. Canela
Robber receives 'great bodily injury' sentence increase for hitting pedestrian with vehicle while evading police officers by driving on wrong side of highway.
Criminal Law and Procedure Apr. 4, 2014
U.S. v. Ward
District court constructively amends indictment by failing to specify victims in jury instructions, which requires reversal of aggravated identity theft convictions.
Criminal Law and Procedure Apr. 4, 2014
People v. Wasbotten
Trial court may order woman, who robbed victims with Airsoft gun, to directly repay her victims for what she stole, without submitting matter to jury.
Criminal Law and Procedure Apr. 4, 2014
Hale v. Superior Court (People)
Prosecution may not increase drunken driver’s sentence for inflicting great bodily injury, after driver lost control of his vehicle and killed three passengers.
Criminal Law and Procedure Apr. 3, 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 Apr. 3, 2014
People v. Steele
Pimp is guilty of kidnapping wandering teenage girl for prostitution, because her mother retained legal custody over her despite their strained relationship.
Criminal Law and Procedure Apr. 3, 2014
People v. Ngo
Trial court must retry man for committing lewd and lascivious acts on seven-year-old girl because it used incorrect dates in its instructions to jury.
Criminal Law and Procedure Apr. 1, 2014
People v. Brewer
After choosing to impose longer sentence increases in case of attempted rapist, trial court correctly chooses to hold off on additional increases, rather than strike them.
Criminal Law and Procedure Mar. 31, 2014
U.S. v. Guillen-Cervantes
Smuggler who illegally transported immigrants into U.S. does not have right to seek contribution from co-conspirator to pay forfeiture judgment.
Criminal Law and Procedure Mar. 31, 2014
People v. Durst
Arsonist’s confession may be used at trial, although police did not read ‘Miranda’ rights before interview, because he knew he was free to leave.
Criminal Law and Procedure Mar. 31, 2014
U.S. v. Vargem
Trial court may not increase sentence for having illegal machine gun based on protective order, which was issued against defendant without notice or hearing.
Criminal Law and Procedure Mar. 31, 2014
People v. Morales
Court of Appeal must hear case, rather than appellate division of superior court, where defendant was originally charged with felony, which she later pleaded down.
Criminal Law and Procedure Mar. 28, 2014
People v. Black
Trial court does not violate defendant's rights by wrongly forcing him to use peremptory challenges to remove biased jurors, because jury was ultimately fair.
Criminal Law and Procedure Mar. 28, 2014
Mayes v. Premo
Trial court's credit to prosecution’s race-neutral explanations for striking black potential jurors is not objectively unreasonable based on comparative analysis.
Criminal Law and Procedure Mar. 28, 2014
People v. Marinelli
After successfully completing three years of probation, man who pleaded nolo contendere to attempted sex offenses may seek to expunge his plea.
Criminal Law and Procedure Mar. 28, 2014
People v. Friday
Trial court may not impose probation condition requiring sex offender to waive ‘any privilege against self-incrimination’ as part of sex offender treatment program.
Criminal Law and Procedure Mar. 28, 2014