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People v. Dolezal
California does not violate First Amendment by punishing bail bond agents who directly solicit bail bond business at jails.
Criminal Law and Procedure Nov. 6, 2013
People v. Lettice
Trial court must reconsider whether to allow prosecution to submit amended charges, even after drunk driver had already entered plea agreement.
Criminal Law and Procedure Nov. 5, 2013
Stewart v. Cate
Gang member who was convicted as the driver in a drive-by shooting may not seek federal habeas corpus relief because he waited too long to file petition.
Criminal Law and Procedure Nov. 4, 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. 1, 2013
Opinion of Harris
District Attorney may criminally prosecute buyers and sellers to punish them for illegally transferring firearms in unlicensed firearm transactions.
Criminal Law and Procedure Nov. 1, 2013
People v. Harrison
Failure to adhere to proper evaluation and certification procedures does not automatically mean prisoner cannot be certified as Mentally Disordered Offender.
Criminal Law and Procedure Nov. 1, 2013
U.S. v. Tercero
Following enactment of Fair Sentencing Act, district court properly refuses to further reduce crack cocaine offender’s sentence below 70 months.
Criminal Law and Procedure Nov. 1, 2013
Amado v. Gonzalez
Prosecution's failure to reveal key witness' criminal background and gang affiliation results in reversal of 1998 conviction for aiding and abetting murder on public bus.
Criminal Law and Procedure Oct. 31, 2013
U.S. v. Kyle
District judge’s remarks during plea agreement discussions upend guilty plea in child sexual abuse case by influencing decision to enter plea.
Criminal Law and Procedure Oct. 31, 2013
Dietrick v. Superior Court (People)
‘Two-dismissal’ rule does not apply when prosecutor voluntarily dismissed case after forgetting to present evidence of prior convictions, then filed charges again.
Criminal Law and Procedure Oct. 31, 2013
People v. Montrose
State prisoner will not be placed in county jail based on Realignment Legislation when sentence was imposed, but suspended, before Oct. 1, 2011.
Criminal Law and Procedure Oct. 30, 2013
Lujan v. Garcia
First-degree murder convictions are set aside where man confessed to killing his estranged wife and another man without clear explanation of right to attorney.
Criminal Law and Procedure Oct. 30, 2013
People v. Doyle
Defendant’s prior DUI manslaughter conviction may be used to both elevate his current DUI to felony and serve as a strike under Three Strikes law.
Criminal Law and Procedure Oct. 30, 2013
Gulbrandson v. Ryan
Death sentence based on brutal murder of ex-girlfriend is upheld despite defense counsel's alleged failure to recall expert at sentencing to testify as to mental state.
Criminal Law and Procedure Oct. 29, 2013
People v. Accredited Surety and Casualty Co.
Bail bond forfeiture cannot be discharged based on trial court's failure to initiate forfeiture proceedings within specific time frame.
Criminal Law and Procedure Oct. 29, 2013
People v. Douglas M.
Sex offender does not have to enroll in ‘approved sex offender management treatment program’ because his offenses occurred before new law went into effect.
Criminal Law and Procedure Oct. 28, 2013
James v. Ryan
Ninth Circuit's decision to lift death sentence due to ineffective assistance goes undisturbed, even if Arizona state court previously denied relief on procedural grounds.
Criminal Law and Procedure Oct. 28, 2013
People v. Childs
City's principal network engineer is properly convicted of disrupting computer services because he refused to reveal network passwords after being reassigned.
Criminal Law and Procedure Oct. 28, 2013
U.S. v. Steele
Husband, who was convicted of hiring man to kill his wife, must hold off on asking for new trial based on trial counsel’s alleged ineffective assistance.
Criminal Law and Procedure Oct. 25, 2013
People v. Wortham
Inmate may appeal trial court's refusal to recall sentence under reformed Three Strikes law, but is not entitled to new sentence because he committed a serious felony.
Criminal Law and Procedure Oct. 25, 2013
U.S. v. Black
Defendant may not overturn conviction when he readily agreed to carry out undercover agent’s plan to rob a fictional cocaine stash house.
Criminal Law and Procedure Oct. 24, 2013
People v. Wilson
After violating probation, burglar must serve two years in state prison, rather than county jail, according to his plea agreement.
Criminal Law and Procedure Oct. 23, 2013
Robers v. United States
Order
Criminal Law and Procedure Oct. 22, 2013
Jones v. Ryan
Days from his scheduled execution, inmate unsuccessfully asserts ineffective assistance of trial counsel in his second habeas corpus petition.
Criminal Law and Procedure Oct. 22, 2013
People v. Zondorak
California’s ban on AK series semi-automatic rifles does not violate Second Amendment because these weapons are ‘dangerous and unusual.’
Criminal Law and Procedure Oct. 22, 2013
U.S. v. Stargell
Tax preparer’s conviction for wire fraud is upheld because evidence showed that her fraudulent scheme exposed banks to greater risk of loss.
Criminal Law and Procedure Oct. 18, 2013
People v. Mahoney
Defendant cannot claim he never saw child pornography when his computers contained over one thousand images in temporary, downloaded and deleted files.
Criminal Law and Procedure Oct. 18, 2013
People v. Freeman
Defense attorney may no longer represent his client on appeal after filing four unintelligible and unsupported opening appellate briefs.
Criminal Law and Procedure Oct. 17, 2013
People v. Sandercock
Members of marijuana cultivating collective, who delivered and sold marijuana to undercover detective, may be prosecuted for selling marijuana for profit.
Criminal Law and Procedure Oct. 17, 2013
People v. Burkett
Burglar who stole bathroom fixtures from home may only be convicted of second-degree burglary because no one lived there at the time.
Criminal Law and Procedure Oct. 16, 2013