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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 Mar. 27, 2014
U.S. v. Castleman
Father who caused ‘bodily injury’ to mother of his child may not possess firearm, because his conviction was for a misdemeanor crime of domestic violence.
Criminal Law and Procedure Mar. 27, 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 Mar. 27, 2014
People v. Garcia
Two burglary convictions are proper where burglar robbed victim inside store at gunpoint, before sexually assaulting her in store’s bathroom.
Criminal Law and Procedure Mar. 27, 2014
People v. Garcia (D062659)
Two burglary convictions are proper where burglar robbed victim inside store at gunpoint, before sexually assaulting her in store’s bathroom.
Criminal Law and Procedure Mar. 25, 2014
U.S. v. Hernandez-Arias
Mexican citizen, who had temporary resident status in U.S., illegally attempts to reenter country because his status was revoked by prior conviction.
Criminal Law and Procedure Mar. 24, 2014
U.S. v. Montes-Ruiz
Court may not impose sentence for violation of supervised release to run concurrently with anticipated, but nonexistent, federal sentence in separate case.
Criminal Law and Procedure Mar. 24, 2014
People v. Garcia
Gang member who fired shots at rival gang members evades sentence increase because prosecution could not establish gang’s ‘pattern of criminal activity.’
Criminal Law and Procedure Mar. 24, 2014
People v. Garcia (H039603)
Trial court may constitutionally require juvenile sex offender to waive his right against self-incrimination to receive probation in lieu of prison sentence.
Criminal Law and Procedure Mar. 24, 2014
People v. Ramirez
Sex offender is entitled to more lenient sentencing where his offenses occurred both before and after Oct. 1, 2011 effective date of latest conduct credit law.
Criminal Law and Procedure Mar. 20, 2014
People v. Weeks
Court improperly increases inmate’s sentence for possession of contraband by taking into account prior prison term, which he had not yet completed.
Criminal Law and Procedure Mar. 19, 2014
U.S. v. Cortes
Undercover agent may have entrapped man by persuading him to make plans to rob a drug stash house for potentially large profits.
Criminal Law and Procedure Mar. 18, 2014
U.S. v. Cabrera-Gutierrez
Convicted sex offender who travels between states may be required by Congress to register as sex offender under authority of Commerce Clause.
Criminal Law and Procedure Mar. 18, 2014
Murray v. Schriro
Death sentence is upheld for armed robber, who murdered two victims, because prosecution’s removal of two Hispanic potential jurors was not discriminatory.
Criminal Law and Procedure Mar. 18, 2014
People v. Smit
Use of boobytrap that launched zip gun in attempt to kill testifying detective warrants sentence increase, even if offender was not present during its discharge.
Criminal Law and Procedure Mar. 18, 2014
Blake v. Baker
District court must allow habeas petitioner to return to state court to exhaust ineffective assistance claim because he had good cause to justify failure to exhaust.
Criminal Law and Procedure Mar. 17, 2014
People v. Gray
City must make public announcement and institute 30-day warning notice period for each 'red light camera' it installs, before issuing citations.
Criminal Law and Procedure Mar. 14, 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 Mar. 14, 2014
U.S. v. Morales-Isabarras
District court may revoke supervised release for Mexican citizen, who repeatedly illegally reentered U.S., although his term of supervised release had already expired.
Criminal Law and Procedure Mar. 14, 2014
U.S. v. Morris
District court properly calculates banks' $1,033,500 loss in mortgage fraud case by deducting amount they recovered from entire value of principal of loans.
Criminal Law and Procedure Mar. 14, 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 Mar. 13, 2014
People v. Garcia
Trial court does not commit reversible error by allowing two alternate jurors to sit in jury room during deliberations.
Criminal Law and Procedure Mar. 13, 2014
U.S. v. Chhun
U.S. tax preparer, who led attempt to overthrow Cambodian government, receives life in prison for conspiring to commit murder overseas.
Criminal Law and Procedure Mar. 12, 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 Mar. 12, 2014
U.S. v. Wilkes
Prosecution does not need to grant immunity to defense witness, who did not offer direct contradictions regarding scheme to acquire defense contracts by bribe.
Criminal Law and Procedure Mar. 11, 2014
People v. Grewal
Internet cafes may not continue to operate ‘sweepstakes,’ where customers played games to win cash prizes, because those games constituted unlawful gambling.
Criminal Law and Procedure Mar. 10, 2014
People v. Solis
Ex-boyfriend may not be convicted of two uncharged, lesser related crimes, stemming from attempted premeditated murder charge, for stabbing of ex-girlfriend.
Criminal Law and Procedure Mar. 10, 2014
In re Butler
Board of Parole Hearings must conduct new hearing after incorrectly denying parole to murderer based only on lack of insight and parole plans.
Criminal Law and Procedure Mar. 7, 2014
U.S. v. Bainbridge
Court may modify offender’s condition of supervised release to impose sexual deviancy evaluation, even if his underlying crime was not a sex offense.
Criminal Law and Procedure Mar. 7, 2014
People v. Garcia
Gang member who fired shots at rival gang members evades sentence increase because prosecution could not establish gang’s ‘pattern of criminal activity.’
Criminal Law and Procedure Mar. 7, 2014