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Babb v. Lozowsky
In case of woman who murdered cab driver, Nevada state court’s incorrect application of federal law is harmless because jury convicted her on different theory of murder.
Criminal Law and Procedure Jun. 7, 2013
U.S. v. Watters
After unlawfully selling cars left behind in wake of Hurricane Katrina, man obstructs justice by presenting forged purchase receipts for vehicles.
Criminal Law and Procedure Jun. 6, 2013
Nevada v. Jackson
Defendant is not entitled to federal habeas relief due to trial court’s exclusion of victim’s prior false allegations of rape and assault.
Criminal Law and Procedure Jun. 4, 2013
Maryland v. King
Police may use cheek swab to take suspect's DNA after arresting him with probable cause for serious offense and detaining him at police station.
Criminal Law and Procedure Jun. 4, 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 Jun. 4, 2013
People v. Bryant
Trial court does not need to instruct jury on voluntary manslaughter because defendant, who stabbed boyfriend during fight, lacked intent to kill.
Criminal Law and Procedure Jun. 4, 2013
Deere v. Cullen
Defendant who killed ex-girlfriend's family members and pleaded guilty while knowing he would face death penalty is not incompetent to stand trial.
Criminal Law and Procedure Jun. 4, 2013
U.S. v. Ajoku
California ‘exemptee’ violates federal law prohibiting false statements related to health care matters by falsifying state forms to receive Medicare benefits.
Criminal Law and Procedure Jun. 4, 2013
U.S. v. Cabrera-Gutierrez
Convicted sex offender who travels between states may be required by Congress to register as sex offender under authority of Commerce Clause.
Criminal Law and Procedure Jun. 4, 2013
U.S. v. Morgan
Border patrol agent's re-reading of ‘Miranda’ warnings in standard I-214 Form does not constitute unconstitutional re-initiation of interrogation.
Criminal Law and Procedure Jun. 4, 2013
People v. Woodall
Probation revocation proceedings do not violate federal constitution even if it allows arrest of probationers based on warrants not supported by sworn facts.
Criminal Law and Procedure Jun. 4, 2013
County of Los Angeles v. Financial Casualty & Surety Inc.
Surety is entitled to exoneration of forfeited bail bond posted for defendant who was unable to appear because he was deported while out on bail.
Criminal Law and Procedure Jun. 3, 2013
People v. Christiansen
Convictions for conflict of interest against independent contractor, who worked for school district, are thrown out because she was not a government employee.
Criminal Law and Procedure Jun. 3, 2013
In re Boyette
Murderer’s death sentence remains despite jurors’ viewing of ‘American Me,’ a movie depicting violence associated with prison life.
Criminal Law and Procedure May 31, 2013
Sims v. Dept. of Corrections and Rehabilitation
Executions by lethal injection are put on hold in California because adoption of new regulations for administering injections did not meet procedural requirements.
Criminal Law and Procedure May 31, 2013
People v. Loper
Prisoner may not appeal denial of Dept. of Corrections and Rehabilitation’s request to recall his sentence based on compassionate release grounds.
Criminal Law and Procedure May 30, 2013
Biggs v. Secretary of the California Dept. of Corrections and Rehabilitation
Governor's review of parole board decisions does not constitute unlawful retroactive punishment because it did not actually change prisoners’ sentences.
Criminal Law and Procedure May 30, 2013
U.S. v. Joseph
Inmate’s 24-month consecutive sentence for possession of separate items of marijuana, which he provided to another inmate, is inappropriate.
Criminal Law and Procedure May 30, 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 May 30, 2013
McQuiggin v. Perkins
Prisoner’s federal habeas petition is untimely because he waited nearly six years to use affidavits asserting someone else committed the crime.
Criminal Law and Procedure May 29, 2013
Trevino v. Thaler
Texas defendant may raise ineffective assistance claim in federal habeas petition because state procedural system virtually denied him opportunity to raise claim directly.
Criminal Law and Procedure May 29, 2013
People v. Oakley
Repeat drug offender receives additional three-year term for transportation of methamphetamine whether drugs were for personal use or not.
Criminal Law and Procedure May 29, 2013
U.S. v. Rojas-Pedroza
Mexican citizen unsuccessfully attacks illegal reentry conviction based on most recent removal when he was removed four other times as well.
Criminal Law and Procedure May 29, 2013
People v. Hurtado
Defendant is ineligible for resentencing under Three Strikes Reform Act of 2012 because his prior convictions for first degree burglary were serious felonies.
Criminal Law and Procedure May 29, 2013
People v. Smith
Court may not deny hearing for inmate who petitioned for conditional release after showing significant progress in treatment of deviant sexual behavior.
Criminal Law and Procedure May 29, 2013
People v. Scott
Defendant is sentenced to county jail, instead of state prison, pursuant to Criminal Justice Realignment Act following probation revocation.
Criminal Law and Procedure May 24, 2013
People v. Rountree
Defendant receives death penalty for kidnapping teenager by forcing her into car, robbing her, and fatally shooting her in a remote location.
Criminal Law and Procedure May 24, 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 May 23, 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 May 23, 2013
Fernandez v. California
Order
Criminal Law and Procedure May 21, 2013