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People v. Rios
Gang member is not guilty of ‘street terrorism’ for stealing car because there was no evidence that he did so with anyone else.
Criminal Law and Procedure Jan. 17, 2014
People v. Vega
Drug dealer must serve sentence in state prison, rather than county jail, because he ‘cooked’ methamphetamine in presence of seven-month-old grandson.
Criminal Law and Procedure Jan. 16, 2014
People v. Carroll
Woman who was released on her ‘own recognizance’ twice, but failed to appear in court, cannot escape conviction based on errors in release agreements.
Criminal Law and Procedure Jan. 16, 2014
U.S. v. Davis
Crack cocaine dealer may not further reduce sentence to 60 months because his original 70-month sentence was already below the amended guidelines range.
Criminal Law and Procedure Jan. 15, 2014
People v. Goolsby
Man who destroyed his motor home by setting fire to another motor home and pushing it on his is not guilty of ‘arson of inhabited structure.’
Criminal Law and Procedure Jan. 15, 2014
People v. Nguyen
City of Irvine ordinance barring sex offenders from entering parks without permission unconstitutionally conflicts with California’s sex offender regulations.
Criminal Law and Procedure Jan. 14, 2014
People v. Bryant
Woman may not claim involuntary manslaughter in attempting to overturn second degree murder conviction for fatal stabbing of her boyfriend during fight.
Criminal Law and Procedure Jan. 14, 2014
People v. Denham
Murderer who stole victim's motorcycle may not challenge victim restitution order in excess of $45,000 because he failed to separately appeal order.
Criminal Law and Procedure Jan. 14, 2014
People v. Rosales
Robber fails to overturn his convictions due to allegedly incorrect jury instructions because his victims positively identified him as the perpetrator.
Criminal Law and Procedure Jan. 14, 2014
People v. Mashburn
Drug offender may not appeal court's denial of his attempt to exclude evidence because he gave up his right to appeal on plea form.
Criminal Law and Procedure Jan. 9, 2014
People v. Milbrook
Partygoer who shot victim during heated argument at house party gets new trial because jury was not instructed on voluntary manslaughter.
Criminal Law and Procedure Jan. 9, 2014
In re Alvarez
Prisoner’s transfer to security housing due to gang membership is appropriate although some proof of his gang association was more than six years old.
Criminal Law and Procedure Jan. 9, 2014
People v. Nguyen
Burglary conviction is upheld where defendant visited electronics store and placed expensive laptop computers in less expensive printer's box.
Criminal Law and Procedure Jan. 9, 2014
People v. Abundio
Life without parole sentence is appropriate for 18-year-old drug user, who robbed and killed his dealer in order to obtain marijuana.
Criminal Law and Procedure Jan. 7, 2014
People v. Leadbetter
Offender may get sentence reduction because court improperly counted his prior Tennessee aggravated assault conviction as strike under Three Strikes law.
Criminal Law and Procedure Jan. 7, 2014
U.S. v. Dharni
Trial judge does not violate right to public trial by asking accused's family members to leave courtroom during jury selection until seats opened up.
Criminal Law and Procedure Jan. 6, 2014
People v. Carboni
Man fails to overturn conviction for transportation of narcotic pills by claiming he was holding them for a friend with a valid prescription.
Criminal Law and Procedure Jan. 6, 2014
People v. Ghebretensae
Drug dealer does not have to pay $110 probation supervision fee because trial court placed him on mandatory supervision, not probation.
Criminal Law and Procedure Dec. 31, 2013
People v. Virgo
Hell's Angels 'enforcer' overturns five of 10 attempted murder convictions because during shootout, some officers took cover outside his home.
Criminal Law and Procedure Dec. 31, 2013
People v. Wahidi
Attacker is guilty of dissuading victim from testifying because he asked victim to settle dispute through Muslim customs, rather than trial.
Criminal Law and Procedure Dec. 31, 2013
People v. Rios
Man who killed his wife, her cousin, and their son cannot evade multiple life sentences because he was intoxicated when committing murders.
Criminal Law and Procedure Dec. 30, 2013
Cuevas v. Superior Court (People)
Police department may have to return seized cash after improperly initiating forfeiture proceedings, instead of district attorney.
Criminal Law and Procedure Dec. 27, 2013
People v. Shockley
Step-grandfather is not entitled to jury instruction on battery as lesser included offense of lewd conduct on child under 14.
Criminal Law and Procedure Dec. 27, 2013
U.S. v. Crowder
Court may impose a lifetime term of supervised release following sex offender’s violation of his initial supervised release.
Criminal Law and Procedure Dec. 26, 2013
U.S. v. Valdes-Vega
Border patrol agents make lawful stop of pickup truck in area used by smugglers near U.S.-Mexico border based on erratic driving pattern.
Criminal Law and Procedure Dec. 26, 2013
U.S. v. Lin
Chinese national cannot be convicted of misusing immigration documents where he unlawfully obtained Commonwealth of Northern Mariana Islands driver’s licenses.
Criminal Law and Procedure Dec. 26, 2013
People v. Biane
Land developers who bribed county board members to get a favorable settlement can be charged with offering bribe, as well as aiding its receipt.
Criminal Law and Procedure Dec. 24, 2013
U.S. v. Mondragon
Double Jeopardy does not bar retrial following a mistrial that the defendant explicitly agreed to, after he reached plea agreement with government.
Criminal Law and Procedure Dec. 24, 2013
U.S. v. Caceres-Olla
Prior Florida sex offense conviction does not warrant sentence increase for man who unlawfully reentered the U.S.
Criminal Law and Procedure Dec. 24, 2013
People v. Elizalde
Police officer must give ‘Miranda’ warnings to suspect before asking him about his gang membership while booking him into jail.
Criminal Law and Procedure Dec. 23, 2013