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People v. Burgener
Murderer's expressed frustration and resignation neither suggest ambivalence nor intent to undermine proceedings that would warrant reversal of death judgment. 		Criminal Law and Procedure Oct. 13, 2016
People v. Boswell
Separate conviction of burglary not lesser included offense of murder conviction with special circumstance of committing crime while in the commission of a burglary. 		Criminal Law and Procedure Oct. 13, 2016
Bosse v. Oklahoma
Oklahoma errs in concluding it was not bound by 'Booth v. Maryland' which held that Eighth Amendment prohibited certain victim impact evidence at capital sentencing. 		Criminal Law and Procedure Oct. 11, 2016
In re Brigham
Conviction for first degree murder as aider and abettor vacated in light of 'People v. Chiu,' resulting in remand for new trial or reduction of conviction. 		Criminal Law and Procedure Oct. 10, 2016
People v. Reyes
Two-year enhancement under California Penal Code section 12022.1 inapplicable when defendant's primary offense reduced to misdemeanor and resolved by plea of no contest. 		Criminal Law and Procedure Oct. 9, 2016
U.S. v. Kaplan
Replacement value provides best measure to ensure restitution to victims of huge hash oil explosion caused by fellow apartment dwellers. 		Criminal Law and Procedure Oct. 9, 2016
People v. VonWahlde
Court lacks authority to vacate parole term under Penal Code Section 1385, grant courts jurisdiction to dismiss criminal actions. 		Criminal Law and Procedure Oct. 6, 2016
People v. Accredited Surety & Casualty Co.
Denial of bail bond company's motion to vacate forfeiture of bond affirmed where members of international fugitive apprehension unit are not 'local law enforcement officers' under statute. 		Criminal Law and Procedure Oct. 6, 2016
People v. Varner
Penal Code Section 496d conviction for receiving stolen motor vehicle is not an eligible offense for Prop. 47 reclassification, resentencing. 		Criminal Law and Procedure Oct. 5, 2016
People v. Fornay
Condition of probation pursuant to statute requiring sex offender to waive his Fifth Amendment privilege ordered stricken; shorn of that requirement, polygraph tests otherwise valid. 		Criminal Law and Procedure Oct. 5, 2016
People v. Nachbar
Probation condition requiring defendant to submit to warrantless computer searches not unconstitutionally vague as defendant had been convicted and is not mere suspect. 		Criminal Law and Procedure Oct. 5, 2016
People v. Pak
In crime involving pawning of stolen items, value of funds obtained is key, not the value of property pawned, for purposes of Prop. 47. 		Criminal Law and Procedure Oct. 5, 2016
U.S. v. Lo
Appeal of restitution order and forfeiture money judgment dismissed where defendant validly waives right to appeal and no exception to waivers apply. 		Criminal Law and Procedure Oct. 5, 2016
People v. Cornejo
No alteration on second rehearing, where defendants successful in reversing gang enhancement in light of 'People v. Prunty' but otherwise unsuccessful on remaining contentions. 		Criminal Law and Procedure Oct. 3, 2016
People v. Hallam
Felony burglary conviction qualifies for resentencing and redesignation as misdemeanor shoplifting under Prop. 47 although theft occurred in employee rest room. 		Criminal Law and Procedure Oct. 2, 2016
People v. Blackwell
'Miller' does not require 'irreparable corruption' be proved to jury before sentencing court may impose life without possibility of parole on juvenile homicide offender. 		Criminal Law and Procedure Oct. 2, 2016
People v. Bell
Sentence making minor eligible for parole at age 55 not de facto life without parole sentence prohibited under 'Graham v. Florida.' 		Criminal Law and Procedure Oct. 2, 2016
People v. Perez
Use of vehicle as deadly weapon renders defendant ineligible for resentencing under Three Strikes Reform Act, mandating reversal of order resentencing him as second strike offender. 		Criminal Law and Procedure Sep. 29, 2016
People v. Connors
Failure to raise objection to probation condition at trial level forfeits appellate challenge, as argument is not constitutional vagueness or overbreadth challenge. 		Criminal Law and Procedure Sep. 28, 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 Sep. 28, 2016
People v. Nassetta
Probation condition imposing nighttime curfew for drug and driving under the influence convictions struck as invalid. 		Criminal Law and Procedure Sep. 27, 2016
U.S. v. Zhou
Failure to mention separate component of charge at plea colloquy not 'plain error,' does not bar restitution under Mandatory Victims Restitution Act. 		Criminal Law and Procedure Sep. 27, 2016
People v. Davis
Property owner's conviction for petty theft of water overturned because theft of uncaptured flowing water cannot be the subject of a larceny. 		Criminal Law and Procedure Sep. 27, 2016
People v. Sauceda
Conviction for theft and unlawful driving or taking of vehicle under Vehicle Code section 10851 not eligible for resentencing under Proposition 47. 		Criminal Law and Procedure Sep. 26, 2016
People v. Perez
Convictions affirmed, but remand ordered for limited purpose of allowing evidence relevant to youth offender parole hearing. 		Criminal Law and Procedure Sep. 25, 2016
People v. Huerta
Offender entitled to reclassification of burglary conviction to misdemeanor shoplifting even if she committed crime with co-defendants where conspiracy played no role in her prosecution. 		Criminal Law and Procedure Sep. 22, 2016
People v. Nelson
Extensive questionnaire and verbal interrogation of jurors after deadlock constitutes improper intrusion of court influence in death penalty deliberations. 		Criminal Law and Procedure Sep. 22, 2016
U.S. v. Diaz
Reduction of prior felony conviction to misdemeanor under Proposition 47 does not affect federal sentence enhancement of life imprisonment that is based on that conviction. 		Criminal Law and Procedure Sep. 22, 2016
U.S. v. Williams
Known drug dealer's suppression motion erroneously granted where telephone tip was sufficiently reliable and his subsequent behavior provided probable cause for his arrest. 		Criminal Law and Procedure Sep. 20, 2016
People v. Woods
Guilty plea to charge of resisting an executive officer qualifies for Mentally Disordered Offender treatment under MDO Act. 		Criminal Law and Procedure Sep. 19, 2016
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