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People v. Andreasen
Defendant is properly sentenced to life without possibility of parole based on first degree murder with independent intent to commit attempted robbery.
Criminal Law and Procedure Mar. 6, 2013
People v. Lockwood
Defendant must pay $20,900 in restitution to reimsburse state Resitution Fund for expenses paid to victim based on medical records, patient receipts, and insurance forms.
Criminal Law and Procedure Mar. 6, 2013
In re Vicks
Marsy’s Law provisions that allow Board of Parole Hearings to defer parole hearings for five years do not create significant risk of prolonging incarceration.
Criminal Law and Procedure Mar. 5, 2013
U.S. v. Wahchumwah
During investigation of sale of eagle parts, agent’s use of warrantless audio-video recording device in suspect’s home does not violate privacy interests.
Criminal Law and Procedure Mar. 5, 2013
People v. Landau
Although seven years passed between filing of civil sexually violent predator commitment petition and trial, defendant is not denied due process because delays were at his request.
Criminal Law and Procedure Mar. 4, 2013
People v. Westmoreland
Murder and robbery convictions are overturned where defendant confessed to ‘robbery gone wrong’ in reliance on detective’s false promises of leniency.
Criminal Law and Procedure Mar. 4, 2013
People v. Ellis
During trial of defendant who committed lewd acts upon 13-year-old, photographs taken during sexual assault and rape trauma examination are properly admitted.
Criminal Law and Procedure Mar. 1, 2013
U.S. v. Preston
Defendant's confession to sexually assaulting neighbor is not involuntary, despite defendant's diminished mental capacity, because officers did not use coercive tactics.
Criminal Law and Procedure Feb. 28, 2013
People v. Stevens
Psychologist may describe whether defendant's offense involved force or violence when opining that defendant was a mentally disordered offender.
Criminal Law and Procedure Feb. 28, 2013
People v. Petty
Probation condition requiring defendant to take antipsychotic medications is improper where his theft offense was not related to mental health issues.
Criminal Law and Procedure Feb. 28, 2013
People v. Guion
Driver who lied about her identity to officer following accident and arranged for her son to bring another's driver's license to scene cannot be convicted of false impersonation.
Criminal Law and Procedure Feb. 28, 2013
People v. Esmaili
Defendant is not entitled to determination of factual innocence even though sexual abuse charges against him were dismissed due to inconsistent testimony.
Criminal Law and Procedure Feb. 28, 2013
People v. Prescott
Felons sentenced to county jail under Realignment Act are not entitled to presumption that they do not have ability to pay defense costs.
Criminal Law and Procedure Feb. 28, 2013
People v. Arancibia
Court may not allow jurors to translate Spanish-language audio recordings of defendant’s interrogation for themselves.
Criminal Law and Procedure Feb. 28, 2013
People v. Gipson
Gang member’s commitment to state prison is appropriate, even if his sentence was executed after Realignment Act's threshold date of Oct. 1, 2011.
Criminal Law and Procedure Feb. 28, 2013
People v. Chavarria
Defendant who sold heroin through phone delivery service that covered both Ventura and Los Angeles Counties may be prosecuted in either county.
Criminal Law and Procedure Feb. 27, 2013
People v. Harrison
Deliberating juror is replaced with alternate juror after clearly demonstrating that he was unable to follow law by accepting basic legal principles.
Criminal Law and Procedure Feb. 27, 2013
People v. Delgado
Under Realignment Act, defendant may not be committed to county jail because his prior juvenile adjudication involved serious or violent felonies.
Criminal Law and Procedure Feb. 26, 2013
Henderson v. U.S.
Appellate court may correct district court's improper lengthening of sentence so long as error was ‘plain’ at time of appellate review.
Criminal Law and Procedure Feb. 21, 2013
Johnson v. Williams
State court does not overlook Sixth Amendment claim of defendant convicted of first-degree murder by rejecting some claims and not expressly addressing federal claim.
Criminal Law and Procedure Feb. 21, 2013
Evans v. Michigan
Defendant’s midtrial acquittal bars retrial under Double Jeopardy Clause even if acquittal was based on trial court’s erroneous addition of statutory element.
Criminal Law and Procedure Feb. 21, 2013
Chaidez v. U.S.
Non-citizen may not claim attorney failed to advise her of immigration consequences of guilty plea because her conviction became final before announcement of new rule.
Criminal Law and Procedure Feb. 21, 2013
People v. Western Insurance Co.
Bond is exonerated because trial court permitted defendant to travel to Philippines and escape apprehension without surety’s knowledge or consent.
Criminal Law and Procedure Feb. 21, 2013
Florida v. Harris
Drug-detection dog's alert gives police officer probable cause to search vehicle in which ingredients for making narcotics were found.
Criminal Law and Procedure Feb. 20, 2013
Bailey v. U.S.
Police officers may not detain occupant of apartment where lawful search was being conducted when he was one mile away.
Criminal Law and Procedure Feb. 20, 2013
Orey v. Superior Court (People)
Although defendant was unlawfully placed on 45-day hold, petition for his commitment as sexually violent predator does not have to be dismissed.
Criminal Law and Procedure Feb. 20, 2013
People v. Yearwood
Inmate may not use amended three strikes law to retroactively overturn his indeterminate life sentence for marijuana possession without petitioning for recall.
Criminal Law and Procedure Feb. 20, 2013
People v. Steppe
DNA technician’s reliance on DNA test results and reports prepared by another analyst in forming conclusion does not violate defendant’s right to confrontation.
Criminal Law and Procedure Feb. 15, 2013
People v. Whitaker
Premeditated murder convictions are upheld despite initial dismissal following trial court’s delay in swearing in jury due to prosecution witness problems.
Criminal Law and Procedure Feb. 14, 2013
People v. Watkins
Open voir dire of convicted murderer, who shot hotel guest, is proper where he had opportunity to question jurors both openly and in private.
Criminal Law and Procedure Feb. 14, 2013