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People v. Guillen
Probationer who successfully completed court-ordered drug treatment program no longer has to pay remaining unpaid restitution fine.
Criminal Law and Procedure Aug. 9, 2013
People v. Johnson
Three-month lapse between arrest and probation revocation hearing does not violate probationer’s right to receive timely hearing.
Criminal Law and Procedure Aug. 9, 2013
People v. Petronella
Business owner who underreported payroll for several years to receive lower insurance premiums is convicted of violating Insurance Code.
Criminal Law and Procedure Aug. 9, 2013
U.S. v. Lee
District court may not manipulate calculations to create desired sentence for woman who assisted government in prosecuting drug network she was involved in.
Criminal Law and Procedure Aug. 8, 2013
Sully v. Ayers
Ex-police officer who brutally murdered six people may not be granted relief from death sentence because ineffective assistance claims would not have changed his sentence.
Criminal Law and Procedure Aug. 7, 2013
U.S. v. Underwood
Suspected member of ecstasy drug trafficking organization successfully challenges search of his house because affidavit did not provide basis for probable cause.
Criminal Law and Procedure Aug. 7, 2013
Shoemaker v. Taylor
Website owner may be convicted of possessing child pornography based on innocuous images of children, digitally altered to look like child pornography.
Criminal Law and Procedure Aug. 7, 2013
U.S. v. Alexander
Deliveryman who stole mail to create counterfeit checks may be convicted of aggravated identity theft because names and numbers on check were 'means of identification.'
Criminal Law and Procedure Aug. 7, 2013
U.S. v. Gomez
Post-arrest statement may be used to rebut defendant's claim of innocence regarding presence of substantial amount of methamphetamine inside car trunk.
Criminal Law and Procedure Aug. 7, 2013
People v. Mason
Court’s failure to instruct jury that prior spousal rape conviction had to involve force or violence causes reversal of conviction for failure to register as sex offender.
Criminal Law and Procedure Aug. 7, 2013
People v. Petronella
Business owner who underreported payroll for several years to receive lower insurance premiums is convicted of violating Insurance Code.
Criminal Law and Procedure Aug. 7, 2013
People v. Moreno
Defendant may not serve his sentence in county jail under Criminal Justice Realignment Act because his sentence was imposed prior to its enactment.
Criminal Law and Procedure Aug. 7, 2013
Saesee v. McDonald
Defense attorney's expression of hope that witness might appear in order to corroborate alibi does not render his assistance constitutionally ineffective.
Criminal Law and Procedure Aug. 6, 2013
People v. Barao
Trial court properly refuses to approve proposed plea bargain to reduce sentence by more than 30 years in case involving murder, firearm use and robbery.
Criminal Law and Procedure Aug. 6, 2013
People v. Denman
Defendant who recorded false quitclaim deeds that transferred nine properties he did not own to himself is properly convicted for filing false documents.
Criminal Law and Procedure Aug. 6, 2013
In re Thomas
Defendant who fatally shot his neighbor over parking dispute successfully overturns second degree murder conviction due to instructional error.
Criminal Law and Procedure Aug. 5, 2013
U.S. v. Lira
Conviction for firearm use in furtherance of drug trafficking is overturned because jury should have determined whether defendant discharged firearm.
Criminal Law and Procedure Aug. 5, 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 Aug. 5, 2013
U.S. v. Flores
District court may not impose sentencing enhancement for using minor in conspiracy to sell drugs without establishing minor's age when she entered conspiracy.
Criminal Law and Procedure Aug. 5, 2013
Teal v. S.C. (People)
Order
Criminal Law and Procedure Aug. 2, 2013
U.S. v. Valenzuela-Arisqueta
Court may reject defendant’s guilty plea although he had not been correctly advised of maximum possible penalty for offense of illegal entry.
Criminal Law and Procedure Aug. 2, 2013
People v. Hanna
MySpace user’s conviction for attempting lewd and lascivious conduct with 13-year-old girl is proper although he reasonably believed she was 18.
Criminal Law and Procedure Aug. 1, 2013
People v. Superior Court (Cardillo)
Owners of medical marijuana clinics may be charged with unlawful practice of medicine even if they did not see patients or issue recommendations.
Criminal Law and Procedure Aug. 1, 2013
People v. Coleman
Sentencing court may not delegate analysis of defendant’s ability to pay drug program fee to probation department.
Criminal Law and Procedure Jul. 31, 2013
Aguilar v. Woodford
Prosecution's failure to disclose police dog's history of mistaken scent identifications warrants overturning of first degree murder conviction.
Criminal Law and Procedure Jul. 30, 2013
U.S. v. Spencer
Defendant faces increased sentence following drug-trafficking convictions because his prior criminal property damage conviction makes him a 'career offender.'
Criminal Law and Procedure Jul. 30, 2013
Murdaugh v. Ryan
Defendant who beat man to death with meat tenderizer and dismembered his body has right to have jury determine mitigating factors during his sentencing.
Criminal Law and Procedure Jul. 29, 2013
U.S. v. Gonzalez-Villalobos
Alien's attack on deportation order underyling conviction for illegal reentry fails because he failed to show proceedings deprived him of opportunity for judicial review.
Criminal Law and Procedure Jul. 29, 2013
U.S. v. Grasso
Real estate agent’s money laundering and conspiracy convictions are upheld due to involvement in Los Angeles-based scheme to defraud mortgage lenders.
Criminal Law and Procedure Jul. 29, 2013
Hudec v. Superior Court (People)
Paranoid schizophrenic who killed his father and was found not guilty by reason of insanity may not be forced to testify at trial for his extended commitment.
Criminal Law and Procedure Jul. 29, 2013