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People v. Pinon
Imposition of one-year parole in resentencing offender under Prop. 47 erroneous where resulting period exceeded remainder of his post-release community supervision.
Criminal Law and Procedure Dec. 18, 2016
Zapien v. Martel
California state prisoner fails to challenge destruction of audio tape recording of defense's strategy on due process grounds.
Criminal Law and Procedure Dec. 18, 2016
People v. Dekraai
Recusal of entire prosecutorial office upheld where office's conflict of interest with sheriff's department prevents it from fairly prosecuting defendant's penalty phase.
Criminal Law and Procedure Dec. 15, 2016
People v. Byers
Error in excluding evidence regarding whether officers complied with knock-and-announce rule is harmless since violation of rule does not warrant suppression of evidence.
Criminal Law and Procedure Dec. 15, 2016
People v. Evans
Offender obtains relief under 'In re Estrada' involving sentencing enhancement based on felony drug conviction that had been reclassified a misdemeanor under Prop. 47.
Criminal Law and Procedure Dec. 15, 2016
People v. Selivanov
Court may not make finding as to whether embezzled funds were 'public' as decision mandating felony classification of conviction is jury's responsibility under 'Apprendi.'
Criminal Law and Procedure Dec. 13, 2016
People v. Martin
'Larceny' as used in shoplifting statute not understood as meaning 'theft' generally, prohibiting Proposition 47 resentencing for burglary commissioned with forged checks.
Criminal Law and Procedure Dec. 13, 2016
U.S. v. Loftis
Evidence of other uncharged wire frauds not made inadmissible by Federal Rule of Evidence 404(b) where uncharged transactions were part of charged crime.
Criminal Law and Procedure Dec. 12, 2016
People v. Garcia
Pimp's constitutional challenge over trial court's decision to release minor from commitment as material witness after permitting her conditional examination fails to overturn convictions.
Criminal Law and Procedure Dec. 12, 2016
Shaw v. U.S.
Bank fraud statute covers schemes to deprive bank of money in customer's deposit account; nevertheless, instructional error warrants vacatur of fraudster's conviction for bank fraud.
Criminal Law and Procedure Dec. 12, 2016
People v. Landry
Enhancement for use of a dangerous or deadly weapon must be stricken from assault by a life prisoner count, but judgment otherwise affirmed.
Criminal Law and Procedure Dec. 12, 2016
U.S. v. Rocha-Alvarado
Modified categorical approach divides overinclusive portion of state sexual assault statute; remainder meets general definition of federal crime of violence, justified enhancement for defendant who touched nine-year-old inappropriately over her clothes.
Criminal Law and Procedure Dec. 12, 2016
People v. Lopez
Intent to sell finding for methamphetamine possession conviction renders transportation conviction valid, despite failure to inform jury of intent to sell requirement for transportation conviction.
Criminal Law and Procedure Dec. 11, 2016
People v. Financial Casualty & Surety Inc.
Although appellate court incorrectly interprets statute, judgment affirmed because it correctly finds trial court did not abuse discretion in denying second motion to extend bail bond exoneration period.
Criminal Law and Procedure Dec. 8, 2016
People v. Melendez
Prospective juror's lack of opinions constituted valid, race-neutral reason for his exclusion and does not support reversal of defendant's murder convictions.
Criminal Law and Procedure Dec. 8, 2016
U.S. v. Nosal
Convictions affirmed where former employee with revoked computer access acts 'without authorization' under Computer Fraud and Abuse Act by conspiring to use login credentials of current employee.
Criminal Law and Procedure Dec. 8, 2016
People v. Johnson
Driver's conviction for second degree murder on retrial overturned where trial court failed to properly instruct jury on prior manslaughter conviction.
Criminal Law and Procedure Dec. 7, 2016
People v. Burroughs
Admission of inflammatory inadmissible documentary evidence and hearsay testimony results in reversal of sexually violent predator designation.
Criminal Law and Procedure Dec. 6, 2016
People v. Sanghera
Defendant precluded from challenging trial court's evidentiary ruling to allow prior misconduct impeachment evidence where defendant chose not to testify at trial.
Criminal Law and Procedure Dec. 5, 2016
U.S. v. Williams
Unadmonished responses made by defendant to questions about gang affiliation properly suppressed where defendant, charged with murder, invokes his 'Miranda' rights.
Criminal Law and Procedure Dec. 5, 2016
U.S. v. Mohamud
Portland teen's entrapment defense properly rejected where he dreamt of waging war within the U.S. well before FBI's initial contact.
Criminal Law and Procedure Dec. 5, 2016
People v. Williams
Defendant's contentions challenging judgment of death following first degree murder and forcible rape convictions unavailing, leading to affirmance of judgment in its entirety.
Criminal Law and Procedure Dec. 5, 2016
People v. McCarrick
Alleged exclusion of 'delusions' from jury instructions regarding hallucinations does not warrant reversal of mother's murder convictions in the killing of her twin daughters.
Criminal Law and Procedure Dec. 1, 2016
People v. Thompson
Jurors' equivocations and hesitations on imposition of death penalty legitimate reasons for meriting dismissal from jury pool in capital case.
Criminal Law and Procedure Dec. 1, 2016
People v. Shiga
Arson conviction overturned where trial court was unaware it had discretion to deny 'gray-area' defendant's 'Faretta' request to represent himself.
Criminal Law and Procedure Nov. 30, 2016
People v. Houser
Child sex abuse convictions overturned where trial court failed to conduct competency hearing of defendant who saw prosecutor as 'attacking vampire.'
Criminal Law and Procedure Nov. 29, 2016
United States v. Doe
Evidence of repeated success using identity information in DMV applications is enough to establish that user knew information belonged to another, meriting identity theft conviction.
Criminal Law and Procedure Nov. 29, 2016
People v. Moore
In classic whodunit case, disgruntled farmer fails to overthrow murder conviction based largely on circumstantial evidence by casting blame on cousin.
Criminal Law and Procedure Nov. 29, 2016
People v. Allen
No merit to defendant's challenge to his escape conviction, where he voluntarily left his place of confinement during curfew.
Criminal Law and Procedure Nov. 28, 2016
People v. Mejia
Sentence based on husband's final act of assault on wife he tortured over three-month period must be stayed where act was part of entire course of conduct constituting torture.
Criminal Law and Procedure Nov. 24, 2016