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U.S. v. Hullaby
Government’s use of informant with colorful criminal history in drug investigation does not rise to level of ‘outrageous conduct’ for due process purposes.
Criminal Law and Procedure Dec. 4, 2013
People v. Lowe
Police officers do not violate Fourth Amendment by taking warrantless DNA sample during booking of man suspected of rapes and robberies.
Criminal Law and Procedure Dec. 4, 2013
People v. Jackson
Expert testimony of forensic consultant, who stated victim was killed by a lone killer who was close to her, may be used at trial of man who murdered his wife.
Criminal Law and Procedure Dec. 4, 2013
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 Dec. 4, 2013
People v. Boatman
Boyfriend’s first degree murder conviction is reduced to second degree murder because there was no plan or motive in shooting death of girlfriend.
Criminal Law and Procedure Dec. 4, 2013
People v. Manibusan
Man’s death sentence for participating in murders and gunning down victim is upheld, although trial court did not investigate one juror's fears for her safety.
Criminal Law and Procedure Dec. 2, 2013
Long v. Johnson
Woman's murder conviction for live-in boyfriend's death is sufficiently supported by circumstantial evidence regarding opportunity, motive and access to weapon.
Criminal Law and Procedure Dec. 2, 2013
In re Perdue
Felon may not avoid conviction under California law for his possession of body armor by claiming he was unable to determine what it prohibited.
Criminal Law and Procedure Dec. 2, 2013
People v. Hamed
Trial court must explain how it calculated amount of first time sex offender’s fine, along with additional penalty assessments, before imposing fines.
Criminal Law and Procedure Nov. 28, 2013
People v. Davidson
Police officer does not need to read suspect 'Miranda' rights before asking single question regarding whether or not stolen motorcycle belonged to him.
Criminal Law and Procedure Nov. 28, 2013
People v. Johnson
Law enforcement veteran fails to overturn conviction for husband's murder, although she was absent when bailiff showed jury how murder weapon worked.
Criminal Law and Procedure Nov. 28, 2013
People v. Aguilar
Order
Criminal Law and Procedure Nov. 28, 2013
People v. Trujillo
Order
Criminal Law and Procedure Nov. 28, 2013
People v. Sanchez
First degree murder conviction is struck down because trial court improperly instructed jury that it did not need to agree on single theory of crime.
Criminal Law and Procedure Nov. 28, 2013
Smith v. Oregon Board of Parole and Post-Prison Supervision
Convicted man may raise Confrontation Clause issue in federal proceedings, although he did not at trial, because Oregon appellate court may have considered it.
Criminal Law and Procedure Nov. 26, 2013
U.S. v. Arreguin
DEA agents violate Fourth Amendment by searching home’s master bedroom after rushing past houseguest, who let them in but could not consent to a search.
Criminal Law and Procedure Nov. 24, 2013
People v. Vangelder
Expert testimony regarding breath-testing machines may not be used in drunken-driving trial because it encouraged jury to ignore legislative policy.
Criminal Law and Procedure Nov. 21, 2013
People v. Haro
Convicted stalker's prior juvenile robbery case may not be used as a 'strike' to increase his sentence under Three Strikes law.
Criminal Law and Procedure Nov. 21, 2013
Larsen v. Soto
Following trial, suspect proves his innocence and overturns his life sentence by presenting three credible witnesses, who attested to his innocence.
Criminal Law and Procedure Nov. 20, 2013
People v. Johnson
Mastermind of home invasion is convicted of first degree murder, although he was not there when victim fatally shot one of the robbers.
Criminal Law and Procedure Nov. 19, 2013
U.S. v. Chovan
Federal lifetime firearm ban still applies to man convicted of misdemeanor domestic violence despite expiration of California’s 10-year ban.
Criminal Law and Procedure Nov. 18, 2013
People v. Contreras
Man sentenced to life 19 days before Three Strikes Reform Act went into effect is entitled to resentencing under new law.
Criminal Law and Procedure Nov. 18, 2013
U.S. v. King
Canadian firearms enthusiast unlawfully deals in firearms although he purportedly tried to sell them on behalf of a licensed Oregon firearms company.
Criminal Law and Procedure Nov. 17, 2013
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 Nov. 17, 2013
Vega v. Ryan
Lawyer gives ineffective assistance by failing to present testimony of priest, who heard victim take back sexual abuse allegations against her stepfather.
Criminal Law and Procedure Nov. 14, 2013
People v. Scott
Appellate division of superior court must decide case where district attorney dropped felony charge, but obtained convictions on three misdemeanors.
Criminal Law and Procedure Nov. 14, 2013
People v. Nunez
Defendant who served more days in custody than he should have does not get credit to reduce term of mandatory supervised probation.
Criminal Law and Procedure Nov. 8, 2013
U.S. v. Horob
District court does not act vindictively in imposing same sentence, after Ninth Circuit overturned convictions and ordered resentencing.
Criminal Law and Procedure Nov. 8, 2013
People v. Anaya
Gang members receive reduced sentences for extortion because jury did not find they used threats to induce fear when collecting gang debt.
Criminal Law and Procedure Nov. 7, 2013
Burt v. Titlow
Lawyer appropriately advises client to withdraw guilty plea where client claimed innocence and knew that first-degree murder conviction was possible.
Criminal Law and Procedure Nov. 6, 2013