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People v. Garner
'Larceny' as used under newly-added Prop. 47 'shoplifting' statute, includes 'theft by false pretenses,' making petitioner's felony burglary conviction reducible to misdemeanor shoplifting.
Criminal Law and Procedure Aug. 21, 2016
People v. Wagner
Reversal and remand result where trial court incorrectly concludes it lacks jurisdiction under Penal Code section 1473.6 to hear claims related to improper revocation of parole.
Criminal Law and Procedure Aug. 21, 2016
People v. Raygoza
Offender's home detention complied with county's electronic monitoring program and met Penal Code Section 1203.018's standards, making him eligible for custody credits.
Criminal Law and Procedure Aug. 18, 2016
U.S. v. Harmon
Intentional misconduct by prosecution during grand jury proceedings goes to witness's credibility and does not constitute structural error that would warrant automatic reversal.
Criminal Law and Procedure Aug. 18, 2016
People v. Stylz
Individual storage unit within larger facility is not "commercial establishment;" forced entry by Prop 47 appellant was thus not shoplifting.
Criminal Law and Procedure Aug. 17, 2016
People v. Chatman
Statutory distinctions in Penal Code Section 4852.01 that render subsequently-incarcerated former felony probationers ineligible for certificate of rehabilitation, but not former felony prisoners, violate equal protection.
Criminal Law and Procedure Aug. 17, 2016
People v. Lynch
Sex offender prohibition for residency near school or park under Section 3003.5 applies to parolees, not to those on probation.
Criminal Law and Procedure Aug. 17, 2016
U.S. v. McIntosh
Following denial of injunctions, defendant-appellants win remand based on congressional appropriations rider prohibiting DOJ from spending funds to prevent states' implementation of medical marijuana laws.
Criminal Law and Procedure Aug. 17, 2016
U.S. v. Mendoza-Padilla
Manslaughter, as defined under Florida law, is not crime of violence under United States Sentencing Guidelines, resulting in vacated sentence and remand for resentencing.
Criminal Law and Procedure Aug. 17, 2016
People v. Hudson
Impostor fails to establish eligibility for resentencing of his second degree burglary and forgery convictions to misdemeanors under Prop. 47.
Criminal Law and Procedure Aug. 17, 2016
Reyes v. Lewis
Postwarning confession must be suppressed where police officers violate 'Missouri v. Seibert.'
Criminal Law and Procedure Aug. 17, 2016
People v. Medelez
Defendant properly convicted under 'special' luring statute and 'general' attempt statute involving minor he met at work whom he attempted to engage in oral sex with.
Criminal Law and Procedure Aug. 17, 2016
People v. Abarca
Banks are considered commercial establishments for purposes of newly enacted misdemeanor shoplifting statute under Penal Code Section 459.5.
Criminal Law and Procedure Aug. 16, 2016
U.S. v. Romero
Speedy Trial Act ruling affirmed where trial court properly excludes all time during which defendant was incompetent to stand trial.
Criminal Law and Procedure Aug. 16, 2016
Castro v. City of Los Angeles
Objective standard for use of excessive force in 'Kingsley' applies to failure to act in protection of arrestee.
Criminal Law and Procedure Aug. 16, 2016
Washington v. Ryan
In rare case, district court's order denying relief to death row inmate who files notice of appeal one day late reversed, resulting in restoration of appeal rights.
Criminal Law and Procedure Aug. 16, 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 Aug. 16, 2016
United States v. Herrera-Rivera
District court's failure to make finding on material matter and willful intent of alleged perjury bars sentence enhancement for obstruction of justice in drug mule case.
Criminal Law and Procedure Aug. 15, 2016
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 Aug. 12, 2016
People v. Armstrong
Court's error in discharging juror for failing to deliberate results in reversal of judgment in its entirety, including three first degree murder convictions.
Criminal Law and Procedure Aug. 12, 2016
Hardy v. Chappell
Convicted murderer entitled to habeas relief where, despite finding counsel's performance deficient, state court nevertheless upheld his guilty verdict under an alternate theory.
Criminal Law and Procedure Aug. 12, 2016
Demirdjian v. Gipson
Dismissal of habeas petition challenging murder convictions due to ineffective assistance of counsel affirmed under AEDPA's deferential standard.
Criminal Law and Procedure Aug. 11, 2016
People v. Gibson
Defendant ineligible for resentencing of LWOP sentence for murder committed as a juvenile despite trial court's misunderstanding of Penal Code Section 1170(d)(2) applicability to non-killers.
Criminal Law and Procedure Aug. 11, 2016
U.S. v. Zhou
Though government only referred to credit card fraud as to one store rather than both defrauded stores at plea colloquy, count to which defendant pled guilty was broad enough to encompass offenses as to both, making restitution to both stores proper.
Criminal Law and Procedure Aug. 11, 2016
People v. Frierson
Inmate convicted of stalking not eligible for resentencing under Three Strikes law as third conviction considered violent, dangerous.
Criminal Law and Procedure Aug. 10, 2016
People v. Watts
Crime-lab fee imposed under Health and Safety Code Section 11372.5 not subject to penalty assessments that could potentially increase charges by 310 percent.
Criminal Law and Procedure Aug. 10, 2016
United States v. Doe
Court must not rule on dispute in fact pattern in sentence reduction pursuant to Federal Rule of Criminal Procedure 35(b) due to application after initial sentencing.
Criminal Law and Procedure Aug. 10, 2016
Fox v. Johnson
Petitioner not entitled to specific performance of plea agreement after she effectively rescinded plea agreement in withdrawing plea.
Criminal Law and Procedure Aug. 9, 2016
Reis-Campos v. Biter
Under AEDPA's 'immensely deferential standard of review' prosecution's concealment of evidence that would bolster self-defense claim mandates affirmance of denial of habeas corpus petition.
Criminal Law and Procedure Aug. 9, 2016
People v. Dunn
Defendant ineligible for resentencing of felony petty theft with a prior to a misdemeanor under Proposition 47 due to prior juvenile adjudication requiring sex offender registration.
Criminal Law and Procedure Aug. 8, 2016