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People v. Asbury
Imposition of time limitations for questioning of potential jurors does not warrant reversal of second degree murder conviction involving murder of former lover.
Criminal Law and Procedure Nov. 3, 2016
People v. Guarneros
Car dealership owner who bilked California of sales tax revenues properly ordered to pay 15 percent in collection fees above the $310,360 restitution he must pay.
Criminal Law and Procedure Nov. 3, 2016
People v. Chavez
Penal Code Section 1203.4 provides exclusive method by which trial court can dismiss defendant's conviction following completion of his probation.
Criminal Law and Procedure Nov. 3, 2016
People v. Chenelle
Alleged instructional error does not warrant reversal of caretaker's conviction for committing lewd and lascivious act on a dependant adult.
Criminal Law and Procedure Nov. 2, 2016
In re N.C.
Victim of human trafficking charged with prostitution wins reversal of order denying motion to exclude evidence regarding prostitution because such evidence barred under Evidence Code section 11661.
Criminal Law and Procedure Nov. 2, 2016
People v. Buford
Proposition 47 does not modify Proposition 36 with respect to determination of whether resentencing defendant would pose unreasonable risk of danger to public safety.
Criminal Law and Procedure Oct. 30, 2016
People v. Rendon
Possession of materials that may be used to produce more counterfeit bills irrelevant to valuation of counterfeit bills for purposes of determining defendant's punishment for forgery.
Criminal Law and Procedure Oct. 30, 2016
People v. Evensen
Defendant has no reasonable expectation of privacy in his computer's shared folder associated with peer-to-peer computer network used to share child pornography.
Criminal Law and Procedure Oct. 30, 2016
People v. Lewis
Petitioner who is still serving period of PCRS has not yet 'completed' sentence and is ineligible for redesignation of otherwise qualified offense under Prop. 47.
Criminal Law and Procedure Oct. 30, 2016
People v. Tatum
In murder case, judge's negative comments to jury about plumbers provides basis for mistrial where defendant's alibi witness is a plumber.
Criminal Law and Procedure Oct. 30, 2016
People v. Learnard
'Strike' reversed as to prior assault conviction where record of conviction did not distinguish types of assault that would support 'strike' finding.
Criminal Law and Procedure Oct. 30, 2016
People v. Lopez
'In re Arturo D.' remains good law, permitting officer's warrantless search of driver's purse for identification, warranting the reversal of the dismissal of case against driver.
Criminal Law and Procedure Oct. 27, 2016
People v. Aguilar
Defendant unsuccessful in arguing that restitution order must be vacated because it lacks factual nexus to damage caused by his graffiti vandalism.
Criminal Law and Procedure Oct. 27, 2016
People v. Navarette
Mexican murder conviction cannot count as 'strike' as elements of crime do not match CA definition of murder due to possibility of self-defense justification.
Criminal Law and Procedure Oct. 27, 2016
People v. Sotelo-Urena
Exclusion of expert testimony regarding homeless man's heightened perception of deadly threat resulted in prejudice, warrants reversal of murder conviction.
Criminal Law and Procedure Oct. 26, 2016
People v. Wright
Speculative hebephilia diagnosis by expert psychologist who had no knowledge of victims' sexual development not enough to commit defendant to state hospital under Sexually Violent Predator Act.
Criminal Law and Procedure Oct. 25, 2016
People v. Cady
Driver obtains reversal of one of his drunk driving convictions where one was a lesser included offense of the other.
Criminal Law and Procedure Oct. 23, 2016
United States v. Doe
Order
Criminal Law and Procedure Oct. 23, 2016
People v. Superior Court (Rangel)
Offender not entitled to apply excess postsentence custody credits to reduce or eliminate his mandatory period of community supervision following resentencing under Prop. 36.
Criminal Law and Procedure Oct. 23, 2016
People v. Johnson
Trial court errs by not instructing jury on prior convictions for manslaughter and hit and run in retrial for second degree murder charge in same case.
Criminal Law and Procedure Oct. 23, 2016
People v. Sweeney
Gang enhancements under Pen. Code Section 186.22(b) do not necessarily prohibit felony reclassification under Prop 47 to misdemeanor.
Criminal Law and Procedure Oct. 19, 2016
People v. Mitchell
Separate sentences for assault and robbery convictions barred by Pen. Code Section 654 as use of scissors in act render the two an 'indivisible transaction.'
Criminal Law and Procedure Oct. 19, 2016
People v. Reyes-Tornero
Penal Code Section 654 does not prohibit multiple punishment on multiple great bodily injury enhancements where several victims were involved.
Criminal Law and Procedure Oct. 19, 2016
People v. Windfield
Murder convictions and sentences affirmed, with remand ordered for limited purpose of addressing juvenile sentencing issue in light of 'People v. Franklin.'
Criminal Law and Procedure Oct. 19, 2016
U.S. v. Nixon
Appropriations rider has no impact on the ability of federal district court to restrict medical marijuana use as a condition of defendant's probation.
Criminal Law and Procedure Oct. 17, 2016
U.S. v. Dowai
Challenge to authority of Northern Mariana Island District Court to hear federal criminal cases rejected, resulting in affirmance of convictions.
Criminal Law and Procedure Oct. 17, 2016
United States v. Camez
Juvenile Delinquency Act does not prohibit jury from considering pre-majority conduct for conviction of participation in a criminal enterprise before and after turning 18.
Criminal Law and Procedure Oct. 17, 2016
Visciotti v. Martel
Regardless of whether petitioner's ineffective assistance of counsel claim are meritorious, Supreme Court's prior decision in case at hand precludes relief.
Criminal Law and Procedure Oct. 17, 2016
McDaniels v. Kirkland
On remand, Ninth Circuit again upholds denial of habeas relief to two California state prisoners after considering entire state-court record, including materials not presented to state appellate court.
Criminal Law and Procedure Oct. 16, 2016
People v. Booth
Counsel's failure to move to dismiss case based on 19-year precharging delay constitutes ineffective assistance of counsel, resulting in reversal and new trial.
Criminal Law and Procedure Oct. 13, 2016