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People v. Vega-Robles
Though admission of some of gang experts' testimony violated 'Sanchez,' error was harmless given abundant evidence of defendant's gang membership and leadership status.
Criminal Law and Procedure Mar. 8, 2017
Beckles v. United States
United States Sentencing Guidelines are not subject to vagueness challenges under Due Process Clause, resolving conflict regarding applicability of 'Johnson v. United States.'
Criminal Law and Procedure Mar. 7, 2017
Rippo v. Baker
Petitioner asserting bias claim involving trial judge that was being federally investigated for bribery need not show actual bias to warrant judge's recusal.
Criminal Law and Procedure Mar. 7, 2017
People v. Lara
Circumstantial evidence placing defendant in location of homicide does not support conviction for first degree murder as an abettor.
Criminal Law and Procedure Mar. 7, 2017
People v. Shorts
Evidence from prior sexual offense in which defendant forced victim to perform sexual acts at gunpoint appropriately admitted in sexual offense case similar to prior conviction.
Criminal Law and Procedure Mar. 7, 2017
U.S. v. Vazquez-Hernandez
Conviction for attempted illegal reentry overturned due to faulty instructions that omitted essential element of 'free from official restraint,' which constituted plain error.
Criminal Law and Procedure Mar. 6, 2017
People v. S.M.
Fraud-based charges properly dismissed 'in furtherance of justice' considering defendant's professional background, lack of criminal record, 'unfairness' of the four-year process, and other factors.
Criminal Law and Procedure Mar. 3, 2017
Robertson v. Pichon
Under deferential AEDPA standard, appellate court finds reasonable state court interpretation that request to take blood-alcohol chemical test does not constitute 'custodial interrogation' under 'Edwards.'
Criminal Law and Procedure Mar. 3, 2017
People v. Vandiver
Following passage of Proposition 47, value of blank check is de minimis for purposes of distinguishing between misdemeanor and felony receiving stolen property.
Criminal Law and Procedure Mar. 2, 2017
People v. Icke
Victim does not need to consent to sexual act for conviction of sexual penetration by fraudulent misrepresentation of professional purposes.
Criminal Law and Procedure Mar. 2, 2017
People v. Malago
Although court abuses discretion in failing to rule on defendant's objections to mandatory supervision conditions, reversal not required because there is no finding of prejudice.
Criminal Law and Procedure Mar. 1, 2017
People v. Jackson
Indigent defendants not entitled to choice of judge for 'Marsden' hearing, rendering hearing transfer meant to protect defendant from prejudice in bench trial appropriate.
Criminal Law and Procedure Mar. 1, 2017
People v. Profitt
'Valentine/Sapp' rule precludes bifurcation of defendant's felony and misdemeanor DUI charges where misdemeanor counts include prior misdemeanor convictions as elements of the crime.
Criminal Law and Procedure Feb. 28, 2017
People v. Delgado
On automatic appeal from death sentence, judgment affirmed in entirety where none of defendant's contentions have merit.
Criminal Law and Procedure Feb. 28, 2017
People v. Khamvongsa
Completion of sentence for felony conviction that had been reclassified as misdemeanor does not disqualify petitioner for relief under Penal Code Section 1203.4a.
Criminal Law and Procedure Feb. 27, 2017
People v. Lopez
Defendant's challenge to carjacking conviction unavailing, where there is sufficient evidence that vehicle was taken 'by means of force.'
Criminal Law and Procedure Feb. 27, 2017
People v. Lena
Court does not abuse its discretion in striking defendant's entire testimony when defendant refuses to answer any questions on cross-examination.
Criminal Law and Procedure Feb. 24, 2017
People v. Cowan
Prosecutor's grossly inaccurate explanation of reasonable doubt requires reversal of defendant's convictions and sentence.
Criminal Law and Procedure Feb. 24, 2017
People v. Nicolas
Speeding, texting driver that killed motorist obtains reversal of gross vehicular manslaughter conviction due to instructional error that lowered prosecution's burden of proof.
Criminal Law and Procedure Feb. 24, 2017
Buck v. Davis
Defense attorney's introduction of evidence that race is factor to be considered in determining propensity for violence violates defendant's right to effective assistance of counsel.
Criminal Law and Procedure Feb. 23, 2017
People v. Camel
Wiretap Act does not mandate courts to use 'Aguilar-Spinelli' test to determine probable cause for wiretap surveillance in motion to suppress hearing.
Criminal Law and Procedure Feb. 22, 2017
People v. Smith
Defendant convicted of attempted possession of controlled substance for sale unsuccessful in challenging narcotics registration requirement, where registration statute applies to both attempts and completed violations.
Criminal Law and Procedure Feb. 21, 2017
People v. Lowery
Amount written on forged check does not necessarily determine 'value' for purposes of misdemeanor classification under Penal Code Section 473.
Criminal Law and Procedure Feb. 21, 2017
People v. Diaz
Reclassification of prior felony conviction under Prop. 47 does not preclude its use to support sentence enhancement where judgment on prior conviction had been final.
Criminal Law and Procedure Feb. 17, 2017
People v. Clark
Petitioner not entitled to hearing on constitutional validity of prior 'strike' conviction on motion for resentencing under the Three Strikes Reform Act.
Criminal Law and Procedure Feb. 17, 2017
People v. Superior Court (Morales)
Under Penal Code section 1054.9, superior court has jurisdiction to grant motion to preserve evidence relating to capital case that is pending review on automatic appeal.
Criminal Law and Procedure Feb. 17, 2017
People v. Alsafar
MDOs, SVPs and NGIs are similarly situated with respect to the testimonial privilege for purposes of equal protection; dismissal nevertheless warranted where offender subsequently recommitted without being compelled to testify.
Criminal Law and Procedure Feb. 17, 2017
People v. Dillard
Additional probation conditions mandated by Penal Code Section 1203.067 are not direct consequences of defendant's open plea and does not require pre-plea 'Bunnell' advisement.
Criminal Law and Procedure Feb. 16, 2017
McGinnis v. Superior Court (People)
Motion for post-conviction discovery may not be denied solely due to habeas petitioner's inability to pay for copies of materials in advance.
Criminal Law and Procedure Feb. 16, 2017
People v. Superior Court (Corbett)
Evidence obtained in unlawful search properly suppressed as evidence would not likely be found during second, warrant-based search, which was supported by firearms discovered during first search.
Criminal Law and Procedure Feb. 16, 2017