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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 Jul. 21, 2016
People v. Disa
First degree murder conviction overturned due to erroneous admission of 'highly inflammatory' evidence of defendant's prior act of domestic violence.
Criminal Law and Procedure Jul. 19, 2016
People v. Simon
Defendant's claims unavailing, resulting in affirmance of death sentence following convictions for multiple murder and rape.
Criminal Law and Procedure Jul. 19, 2016
People v. Aguirre
Order
Criminal Law and Procedure Jul. 18, 2016
People v. Snyder
Insufficient evidence to convict defendant of lewd acts upon child under 14, where testimonial evidence is equivocal as to whether child was 14 when acts took place.
Criminal Law and Procedure Jul. 18, 2016
U.S. v. Pimentel-Lopez
In drug possession and conspiracy case, jury's special finding that quantity of drugs was less than 50 grams is dispositive and cannot be contradicted by court.
Criminal Law and Procedure Jul. 18, 2016
Mann v. Ryan
Arizona state prisoner's 'Strickland' claim must be approached with AEDPA deference where state court's application of 'Strickland' standard was ambiguous.
Criminal Law and Procedure Jul. 18, 2016
U.S. v. Ornelas
Sentence imposed in absentia lawful where defendant's appeal waiver is valid and he was 'voluntarily absent' for sentencing hearing.
Criminal Law and Procedure Jul. 15, 2016
U.S. v. Torres
Felon fails to overturn adverse ruling on his motion to suppress evidence of handgun found in vehicle's air filter compartment during police officer's inventory search.
Criminal Law and Procedure Jul. 15, 2016
People v. McCaw
'Strike' enhancement based on New York conviction for third degree robbery overturned in light of 'Descamps' where trial court erroneously relied on plea colloquy.
Criminal Law and Procedure Jul. 14, 2016
People v. Cordova
Proposition 47's narrowed definition of dangerousness applies to determinations of dangerousness under Three Strikes Reform Act.
Criminal Law and Procedure Jul. 14, 2016
People v. Hamernik
Appeals court cannot review motion to amend information as trial court found it moot, improperly substituting lesser-included offense.
Criminal Law and Procedure Jul. 13, 2016
People v. Mutter
Denial of Proposition 47 petition seeking resentencing reversed where counterfeit currency is a 'bank bill' for purposes of misdemeanor portion of forgery statute.
Criminal Law and Procedure Jul. 13, 2016
People v. Vang
Murderer not guilty of arson of inhabited structure when lone occupant was already dead when defendant and his cousin set fire to house.
Criminal Law and Procedure Jul. 13, 2016
People v. Trevino
Defendant's first degree burglary conviction of an inhabited RV stands despite absence of terms 'recreational vehicle' or 'house car' in Penal Code Section 460(a).
Criminal Law and Procedure Jul. 13, 2016
People v. Zaragoza
High court overturns defendant's death penalty judgment on account of trial court's error in the death-qualification of the jury.
Criminal Law and Procedure Jul. 12, 2016
People v. Espinoza
Court appropriately proceeds with non-capital felony trial despite absence of defendant as voluntary absence is waiver of right to be present.
Criminal Law and Procedure Jul. 12, 2016
People v. Ranlet
Child molestation convictions affirmed where court does not abuse discretion in admitting evidence of defendant's statements made in private chat room in order to show intent.
Criminal Law and Procedure Jul. 12, 2016
People v. Fusting
Entering business with intent to commit theft by false pretenses qualifies as shoplifting under new Penal Code Section 459.5.
Criminal Law and Procedure Jul. 12, 2016
People v. Jefferson
Denial of Proposition 47 petition for recall and resentencing of commercial burglary felony conviction to misdemeanor shoplifting proper where ample evidence supports dangerousness finding.
Criminal Law and Procedure Jul. 11, 2016
People v. Jones
Proposition 47 petition for retroactive striking of enhancement properly denied, but remand warranted where commercial burglary conviction otherwise qualified for reclassification as misdemeanor shoplifting.
Criminal Law and Procedure Jul. 11, 2016
People v. Smith
Check exchange business constitutes 'commercial establishment' for purposes of shoplifting statute, Penal Code Section 459.5, added under Proposition 47.
Criminal Law and Procedure Jul. 11, 2016
U.S. v. Christensen
Criminal sleuths escape computer fraud- and unauthorized computer access-related convictions connected to operation of criminal enterprise, Pellicano Investigative Agency.
Criminal Law and Procedure Jul. 11, 2016
People v. Ocegueda
Failure to instruct jury that it could consider defendant's mental disabilities involving claim for imperfect self-defense not prejudicial, but reversal nevertheless warranted due to sentencing error.
Criminal Law and Procedure Jul. 11, 2016
United States v. Phillips
Defendant's challenge to conviction for being felon in possession of firearm based on argument that predicate offense of 'misprision of felony' violates Second Amendment rejected.
Criminal Law and Procedure Jul. 7, 2016
People v. Field
Strict scrutiny is appropriate level of review in considering disparate treatment of sexually violent predators and those found not guilty by reason of insanity.
Criminal Law and Procedure Jul. 7, 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 Jul. 6, 2016
People v. Trevino
Defendant's first degree burglary conviction of an inhabited RV stands despite absence of terms 'recreational vehicle' or 'house car' in Penal Code Section 460(a).
Criminal Law and Procedure Jul. 6, 2016
People v. Soto
Reversal of second degree murder conviction not warranted despite erroneous jury instruction that precluded jury from considering involuntary intoxication pertaining to imperfect self-defense claim.
Criminal Law and Procedure Jul. 5, 2016
People v. Franklin
Insufficient evidence for gang enhancement allegations under Penal Code § 186.22 merits partial reversal in burglary, false imprisonment case.
Criminal Law and Procedure Jul. 5, 2016