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U.S. v. Sanchez-Aguilar
Defendant may be convicted of illegal reentry, even though government did not provide evidence he had been outside country following his latest conviction for same crime.
Criminal Law and Procedure Jun. 19, 2013
Henry v. Ryan
Evidence suppressed at defendant’s murder trial did not violate his due process rights because evidence was more incriminating than exculpatory.
Criminal Law and Procedure Jun. 19, 2013
Lemke v. Ryan
Double Jeopardy Clause does not bar retrial of defendant’s felony murder charge following jury’s prior acquittal on robbery charge underlying felony murder charge.
Criminal Law and Procedure Jun. 19, 2013
Teal v. Superior Court (People)
Prisoner is ineligible for resentencing under amended Three Strikes Law because one of his prior convictions was for sexually violent offense.
Criminal Law and Procedure Jun. 19, 2013
Stake Center Locating Inc. v. District Court (DiFrancesco)
Victim of various tax evasion and wire fraud crimes may not pursue defendant's assets until after defendant has been sentenced.
Criminal Law and Procedure Jun. 19, 2013
U.S. v. Avery
Attorney’s honest services fraud conviction is vacated following Supreme Court’s decision narrowing scope of crime to those involving bribery and kickback.
Criminal Law and Procedure Jun. 18, 2013
U.S. v. Vasquez
Defendant should not have received higher sentence based on prior conviction for driving with suspended license because sentence did not count as probation.
Criminal Law and Procedure Jun. 18, 2013
People v. Fong
Defendant who pleaded guilty to assault and inflicting great bodily injury is limited to accruing 15 percent of credit due to credit limiting provisions.
Criminal Law and Procedure Jun. 18, 2013
Salinas v. Texas
Prosecution's use of defendant's silence during interview regarding murders may be used at trial because interview with police was voluntary.
Criminal Law and Procedure Jun. 17, 2013
Alleyne v. U.S.
Federal court must reassess defendant's sentence for robbing store manager because his sentence was based on findings made by judge, rather than jury.
Criminal Law and Procedure Jun. 17, 2013
U.S. v. Gillenwater
Court denies defendant's constitutional right to testify at pretrial competency hearing by failing to tell him his disruptive conduct could cause waiver of right.
Criminal Law and Procedure Jun. 17, 2013
People v. Sullivan
Defendant may not be retried for assault after jury reached verdict on assault charge, but deadlocked as to great bodily injury enhancement.
Criminal Law and Procedure Jun. 17, 2013
Aleman v. Uribe
Prosecutor's removal of Hispanic woman during jury selection because he mistakenly believed she said she was 'prissy' does not constitute purposeful discrimination.
Criminal Law and Procedure Jun. 16, 2013
U.S. v. Needham
Sex offender may not suppress evidence of child pornography found on his iPod during search of his residence.
Criminal Law and Procedure Jun. 16, 2013
People v. Her
Murder conviction is properly based on DNA matching defendant, which police found at murder scene, despite lack of statistical analysis.
Criminal Law and Procedure Jun. 13, 2013
People v. Delgado
Assailant's conviction for robbing victim in backseat of moving car is upheld despite court’s failure to instruct jury regarding accomplice liability.
Criminal Law and Procedure Jun. 13, 2013
People v. Anzalone
While trial court committed error by not asking jury whether they agreed upon verdict before reading it, error is harmless because verdict was unanimous.
Criminal Law and Procedure Jun. 13, 2013
People v. Eid
Jury may not convict defendant of uncharged offenses of attempted extortion and false imprisonment following acquittal on kidnapping for ransom charge.
Criminal Law and Procedure Jun. 13, 2013
U.S. v. Davila
Magistrate judge's advice to defendant to plead guilty to tax fraud charges does not require court to automatically overturn guilty plea.
Criminal Law and Procedure Jun. 13, 2013
People v. Lopez
Capital defendant convicted of interracial murder fails to overturn sentence by claiming court should have followed up with potential jurors on racial bias question.
Criminal Law and Procedure Jun. 13, 2013
U.S. v. Gonzalez-Aguilar
Defendant is not entitled to relief from government’s alleged breach of plea agreement due to mentioning of his extensive criminal history.
Criminal Law and Procedure Jun. 13, 2013
People v. Pizarro
First-degree murder conviction is thrown out because juror independently read earlier appellate opinion regarding case that revealed extraneous information.
Criminal Law and Procedure Jun. 13, 2013
People v. Solis
Business owners cannot use Medical Marijuana Act defense against possession charges because collective’s income was treated as personal salary.
Criminal Law and Procedure Jun. 13, 2013
In re Cabrera
Inmate’s possession of artwork signed by affiliate of Mexican Mafia does not sufficiently support inmate’s validation as gang associate.
Criminal Law and Procedure Jun. 12, 2013
People v. Lewis
Three Strikes Reform Act of 2012 allows reduction in sentence of 25 years to life when case was not yet final on appeal.
Criminal Law and Procedure Jun. 11, 2013
People v. Barnes
Police do not violate Fourth Amendment privacy right by using Global Positioning System to locate stolen cell phone.
Criminal Law and Procedure Jun. 11, 2013
Peugh v. United States
Sentence based on version of sentencing guideline promulgated after commission of crimes and more severe than prior guideline violates Ex Post Facto Clause.
Criminal Law and Procedure Jun. 10, 2013
People v. Santana
Argumentative jury instruction given at trial does not prejudice defendant who shot teenager in leg three times, clearly intending to cause disabling injury.
Criminal Law and Procedure Jun. 10, 2013
U.S. v. Muniz-Jaquez
Court should have allowed alien to review Border Patrol dispatch tapes that were pertinent to his official-restraint defense and for use in impeaching witness.
Criminal Law and Procedure Jun. 10, 2013
People v. Cross
Trial court does not have to advise defendant of fundamental rights before giving effect to stipulation to existence of prior domestic violence conviction.
Criminal Law and Procedure Jun. 9, 2013