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Sossa v. Diaz
Prisoner is entitled to extra time to challenge to his conviction after judge incorrectly informed him he had an extra month to file a petition.
Criminal Law and Procedure Sep. 11, 2013
U.S. v. Gonzalez
Defendant who illegally reentered the country after being deported fails to overturn 51-month sentence due to alleged sentencing errors.
Criminal Law and Procedure Sep. 11, 2013
In re Carrillo
Trial court may not increase bail from $90,000 to $1 million based solely on confidential information provided during private meeting with prosecution.
Criminal Law and Procedure Sep. 11, 2013
U.S. v. Bonilla-Guizar
Alien smuggler’s conviction for conspiring to take hostages is upheld even though ICE agent admitted that he was biased while testifying against him.
Criminal Law and Procedure Sep. 10, 2013
Pizzuto v. Blades
Idaho may sentence murderer with IQ of 72 to death despite its ban on death sentences for mentally retarded persons.
Criminal Law and Procedure Sep. 10, 2013
People v. Wilson
Trial court may not double DUI sentence based on driver’s prior manslaughter conviction because driver claimed his passenger caused the accident.
Criminal Law and Procedure Sep. 9, 2013
U.S. v. Dunn
Prisoner is not entitled to reduction of 100-month sentence for crack cocaine offense under new law because he had an extensive criminal history.
Criminal Law and Procedure Sep. 9, 2013
Dow v. Virga
Prosecutor violates defendant’s constitutional rights by falsely asserting he proved his own guilt by asking to cover his facial scar during a lineup.
Criminal Law and Procedure Sep. 6, 2013
Bell v. Uribe
Holdout juror's removal is appropriate because she conducted her own research and presented her 'expert' analysis to jury during deliberations.
Criminal Law and Procedure Sep. 6, 2013
U.S. v. Earl
Trial court retains authority to put defendant, who was in home confinement, back in prison, after he admitted to associating with known felons.
Criminal Law and Procedure Sep. 6, 2013
Detrich v. Ryan
Defendant gets another chance for habeas relief on claims alleging ineffective assistance of counsel following U.S. Supreme Court ruling in ‘Martinez v. Ryan.’
Criminal Law and Procedure Sep. 4, 2013
U.S. v. Flores
Defendants who bought an unregistered grenade launcher may not receive increased penalty because they purchased 40-mm cartridges as well.
Criminal Law and Procedure Sep. 3, 2013
People v. Beltran
Second degree murder conviction stands where court's instruction focused on whether average person would be induced to react from passion, not from judgment.
Criminal Law and Procedure Aug. 30, 2013
People v. Dowl
Although defendant legally possessed medical marijuana, surrounding circumstances support his conviction for possession of marijuana for sale.
Criminal Law and Procedure Aug. 30, 2013
Cavitt v. Cullen
Man is guilty of felony murder based on robbery of girlfriend’s stepmother, who died shortly after, even if he speculated that girlfriend actually killed stepmother after he left.
Criminal Law and Procedure Aug. 30, 2013
U.S. v. Thompson
Use of thermal lance, a cutting tool that utilizes extreme heat, to open ATM does not constitute 'using fire' for purposes of increasing sentence.
Criminal Law and Procedure Aug. 30, 2013
U.S. v. Humphries
Owner of company that produced 'used toluene' and 'excess methanol' is properly found guilty of illegally storing hazardous waste without permit.
Criminal Law and Procedure Aug. 30, 2013
Packer v. Superior Court (People)
Defendant may not disqualify prosecutor on ground that defendant had some degree of relationship with prosecutor’s children at some point in time.
Criminal Law and Procedure Aug. 30, 2013
People v. Ogg
Mother's conviction for aiding and abetting in continuous sexual abuse of her daughter is proper where she married perpetrator and discouraged daughter from reporting abuse.
Criminal Law and Procedure Aug. 30, 2013
U.S. v. Ermoian
Private investigator is improperly convicted for obstructing justice although he was suspected of leaking confidential information during FBI’s investigation of gang members.
Criminal Law and Procedure Aug. 29, 2013
People v. Turner
Police officers lawfully detain parent, who made threats at his son's high school football game, based on tip from a coach that he had a gun.
Criminal Law and Procedure Aug. 29, 2013
People v. Ortega
Father is properly convicted of molesting his daughter in 1995 because original charges were filed within 10 years of commission of offense.
Criminal Law and Procedure Aug. 28, 2013
U.s. v. King
Police may conduct suspicionless search of probationer's residence when he had agreed to be subject to warrantless searches as probation condition.
Criminal Law and Procedure Aug. 28, 2013
U.S. v. Evans
Alien who claimed to be U.S. citizen obtains new trial on charges hinging on his citizenship after district court excluded evidence of his birth certificate.
Criminal Law and Procedure Aug. 28, 2013
U.S. v. Swor
Mortgage broker who defrauded investors is not required to pay restitution to investors who were scammed after he severed ties with scheme.
Criminal Law and Procedure Aug. 28, 2013
People v. Cruz
Trial court properly imposes $2,450 fine in addition to $294 in fees and surcharges in connection with drunken driving conviction.
Criminal Law and Procedure Aug. 28, 2013
People v. Harris
Defendant’s conviction for raping and murdering young white woman in Kern County is upheld, rejecting defendant’s claim of racial discrimination in jury selection.
Criminal Law and Procedure Aug. 27, 2013
People v. Mai
Defendant’s conviction for murder of California Highway Patrol officer is upheld because excusal of three African American prospective jurors was not racially motivated.
Criminal Law and Procedure Aug. 27, 2013
People v. Jones
Juror who would not consider death penalty due to religious beliefs is properly excused at trial of defendant who strangled numerous women.
Criminal Law and Procedure Aug. 27, 2013
People v. Williams
Defendant who used re-encoded credit cards at Walmart to make fraudulent purchases is not guilty of robbery because he did not use force.
Criminal Law and Procedure Aug. 27, 2013