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People v. Cook
Sentence enhancements for causing great bodily injury are incorrectly imposed on defendant as to two manslaughter victims of gruesome motor vehicle accident.
Criminal Law and Procedure Apr. 11, 2013
People v. Kelly
Defendant is not entitled to serve sentence in county jail after revocation of his probation because he was originally sentenced to four years in state prison.
Criminal Law and Procedure Apr. 11, 2013
People v. Gutierrez
Molestation charges are properly dismissed after prosecution failed to disclose reports that showed victim made unfounded accusations of molestation in the past.
Criminal Law and Procedure Apr. 11, 2013
People v. Vega
Gang member must receive sentence enhancement for both firearm use and inflicting great bodily injury in shooting of rival gang member.
Criminal Law and Procedure Apr. 11, 2013
People v. Evans
Court may not use lost income or profits in determining whether defendant caused more than $200,000 in losses to victims after stealing their vehicles.
Criminal Law and Procedure Apr. 10, 2013
U.S. v. Yuman-Hernandez
Conspirator in fictitious stash house robbery receives mandatory minimum sentence after failing to prove he lacked capability to deal in quantity of drugs charged.
Criminal Law and Procedure Apr. 9, 2013
People v. Leiva
Court may not reinstate defendant’s probation based solely on conduct that occurred after court-imposed probationary period elapsed.
Criminal Law and Procedure Apr. 9, 2013
People v. Carbajal
Double jeopardy does not bar retrial for commission of offenses against multiple victims because first jury could not consider multiple victim allegation.
Criminal Law and Procedure Apr. 9, 2013
People v. Lawson
Instruction on mistake defense is unnecessary, even if jury could have reasonably inferred petty theft defendant simply forgot about item before leaving store.
Criminal Law and Procedure Apr. 8, 2013
People v. Vega
Gang member must receive sentence enhancement for both firearm use and inflicting great bodily injury in shooting of rival gang member.
Criminal Law and Procedure Apr. 5, 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 Apr. 5, 2013
U.S. v. Augustine
Defendant is not entitled to lower mandatory minimum sentence under Fair Sentencing Act because he was sentenced for crack cocaine offense before Act’s enactment.
Criminal Law and Procedure Apr. 4, 2013
U.S. v. Jennings
Sentence enhancement for using 'sophisticated means' to accomplish crime is imposed because defendants used misleading bank account to siphon funds from company.
Criminal Law and Procedure Apr. 4, 2013
People v. Quiroz
Jury does not have to unanimously agree that defendant is guilty of murder as shooter or person who aided and abetted shooter.
Criminal Law and Procedure Apr. 4, 2013
Marshall v. Rodgers
California courts do not violate right to counsel by refusing to appoint post-trial counsel after defendant waived his right to representation three times.
Criminal Law and Procedure Apr. 2, 2013
U.S. v. Reyes-Ceja
Deportee receives sentence enhancement because immigration authorities found him in U.S. while he was serving 32-month sentence for grand theft.
Criminal Law and Procedure Apr. 2, 2013
People v. Mora
Criminal Justice Realignment Act does not apply to defendant, who was sentenced to prison before Oct. 1, 2011, even if she was committed to prison later.
Criminal Law and Procedure Apr. 1, 2013
Morning Star Packing Co. LP v. U.S. District Court
Victims of fraud or deceit are entitled to restitution despite district court's determination that assessing restitution would be unduly complex and time-consuming.
Criminal Law and Procedure Apr. 1, 2013
People v. Holman
Restitution fines are properly suspended after defendant completed recovery program, allowing her probation to be terminated and her convictions to be dismissed.
Criminal Law and Procedure Apr. 1, 2013
People v. Rivas
Although incorrect instruction invited jury to consider involvement with Sureno street gang in determining guilt, defendants are guilty of murdering rival gang member.
Criminal Law and Procedure Apr. 1, 2013
People v. Eroshevich
Anna Nicole Smith's lawyer may be found guilty of conspiring to provide illegal prescriptions to Smith, which she died from due to overdose.
Criminal Law and Procedure Mar. 29, 2013
People v. Davis
Defendant is guilty of possessing deadly weapon because his baseball bat was modified to be more useful as a weapon and used for protection.
Criminal Law and Procedure Mar. 29, 2013
People v. McDonald
Sexually Violent Predator Act does not violate equal protection by making commitments indeterminate and placing burden on sexually violent predators.
Criminal Law and Procedure Mar. 29, 2013
Shoemaker v. Harris
Lifetime sex offender registration requirement imposed on man convicted of possessing child pornography does not violate equal protection.
Criminal Law and Procedure Mar. 28, 2013
Miles v. Ryan
Counsel acts competently when she omitted addiction evidence at defendant's sentencing hearing, given that omission was based on strategy.
Criminal Law and Procedure Mar. 26, 2013
Florida v. Jardines
Use of drug-sniffing dog on homeowner’s front porch to investigate presence of marijuana constitutes impermissible search under Fourth Amendment.
Criminal Law and Procedure Mar. 26, 2013
U.S. v. Ruiz
Even if prosecutor erred by making closing statement suggesting jury had to find officers lied, such error was harmless due to overwhelming evidence of guilt.
Criminal Law and Procedure Mar. 26, 2013
U.S. v. Jinian
CEO who defrauded employer for $1.5 million is guilty of wire fraud by use of communications between two California banks and Federal Reserve Bank in Dallas.
Criminal Law and Procedure Mar. 26, 2013
People v. Prunty
Norteno gang member may not escape sentence enhancement due to gang involvement by claiming he was a member of a small subset of Nortenos.
Criminal Law and Procedure Mar. 26, 2013
Bridgeforth v. Superior Court (People)
Prosecutor did not violate duty to disclose information to defense because photographs of victim's truck were not exculpatory or favorable to defense.
Criminal Law and Procedure Mar. 25, 2013