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People v. Puerto
Defendant's 2013 assault conviction counts as 'strike' where offense could not be violated in a way that did not constitute a serious felony. 		Criminal Law and Procedure Jun. 22, 2016
People v. Willover
Court does not abuse its discretion in denying juvenile homicide offender's petition for recall and resentencing of life without parole sentence. 		Criminal Law and Procedure Jun. 22, 2016
U.S. v. Cisneros
Criminal's 15-year mandatory sentence imposed under Armed Career Criminal Act based on six prior Oregon convictions vacated on remand following U.S. Supreme Court's 'Johnson' decision. 		Criminal Law and Procedure Jun. 22, 2016
Loher v. Thomas
Failure to challenge grant of relief on petitioner's ineffective assistance of appellate counsel claim constitutes waiver, resulting in remand to fully address claim. 		Criminal Law and Procedure Jun. 20, 2016
Taylor v. United States
Conviction under the Hobbs Act affirmed where government satisfies commerce element by proving defendant committed robbery that targeted marijuana dealer's drugs or drug proceeds. 		Criminal Law and Procedure Jun. 20, 2016
People v. Garrett
Defendant eligible for resentencing on commercial burglary conviction under Proposition 47 because use of stolen credit card to purchase $50 gift cards is misdemeanor shoplifting. 		Criminal Law and Procedure Jun. 16, 2016
People v. Morales
Upon resentencing under Prop. 47, excess credit for time served may not be used to reduce or eliminate one-year period required by Penal Code Section 1170.18(d). 		Criminal Law and Procedure Jun. 16, 2016
People v. Hubbard
Penal Code Section 424 applies only to public officers 'charged with the receipt, safekeeping, transfer, or disbursement of public moneys,' rather than all public officers. 		Criminal Law and Procedure Jun. 16, 2016
People v. Maynarich
Counterfeit 'currency' falls within ambit of Penal Code Section 473, making felony offense for possessing three counterfeit $50 bills eligible for resentencing relief under Proposition 47. 		Criminal Law and Procedure Jun. 15, 2016
People v. Ochoa
Middleman in drug ring who supplied methamphetamine to Nuestra Familia criminal street gang obtains reversal of second conspiracy conviction under Penal Code 654 and 'Kellett.' 		Criminal Law and Procedure Jun. 14, 2016
U.S. v. Christie
Convictions for violating Controlled Substances Act affirmed where court rejects defense brought by ministers of Hawaii Cannabis Ministry under Religious Freedom and Restoration Act. 		Criminal Law and Procedure Jun. 14, 2016
People v. Brown
Notwithstanding slight ambiguity on jury form, intent of jury to convict was clear and warrants affirmance in resisting arrest matter. 		Criminal Law and Procedure Jun. 13, 2016
People v. Dunley
On rehearing, appellate court reiterates that strict scrutiny applies to equal protection challenges to civil commitment statutes because they affect an individual's fundamental liberty interest. 		Criminal Law and Procedure Jun. 13, 2016
U.S. v. Davis
USSC plurality decision in 'Freeman' allows for resentencing of Rule 11(c)(1)(C) pleas per 18 U.S.C. Section 3582, where Sentencing Commission subsequently lowered sentencing range. 		Criminal Law and Procedure Jun. 13, 2016
U.S. v. Beecroft
$107 million forfeiture order entered against defendant for her involvement in mortgage-fraud conspiracy in Las Vegas runs afoul of Excessive Fines Clause. 		Criminal Law and Procedure Jun. 13, 2016
U.S. v. Murphy
Though evidence was sufficient to preclude acquittal, medical professional nevertheless escapes conviction for presenting false claims to the United States due to prejudicial instructional error. 		Criminal Law and Procedure Jun. 12, 2016
Goodrum v. Busby
Pro se federal habeas petitioner obtains relief due to Ninth Circuit's critically misleading error regarding filing of 'second or successive' habeas petition. 		Criminal Law and Procedure Jun. 12, 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 Jun. 12, 2016
Runningeagle v. Ryan
Federal habeas petitioner denied relief for failing to show cause for the procedural default of his ineffective assistance of counsel claims under 'Martinez.' 		Criminal Law and Procedure Jun. 12, 2016
Williams v. Pennsylvania
Judge's recusal required where judge's prior involvement in case as state district attorney who approved of death penalty carried impermissible risk of actual bias against defendant. 		Criminal Law and Procedure Jun. 9, 2016
Commonwealth of Puerto Rico v. Valle
Puerto Rico cannot avail of dual-sovereign doctrine that would have allowed successive prosecution of illegal firearms sale that violated Puerto Rico Arms Act and analogous U.S. gun trafficking statutes. 		Criminal Law and Procedure Jun. 9, 2016
People v. Montgomery
'Prior conviction' rendering applicant ineligible for redesignation of felony to misdemeanor under Proposition 47 is conviction that occurs prior to filing of application for redesignation. 		Criminal Law and Procedure Jun. 9, 2016
Sifuentes v. Brazelton
Convicted murderer not entitled to habeas relief where California appellate court's rejection of 'Batson' claims were not objectively unreasonable under doubly-deferential standard of review. 		Criminal Law and Procedure Jun. 9, 2016
People v. Eulian
Off-duty firefighter who punched cat lady into unconsciousness cannot escape assault and battery convictions based on allegedly erroneous self-defense jury instructions. 		Criminal Law and Procedure Jun. 8, 2016
Currie v. McDowell
Denial of habeas corpus reversed where prosecutor once again removes African American juror via peremptory strike based on race. 		Criminal Law and Procedure Jun. 8, 2016
People v. Hall
Order denying Proposition 47 resentencing affirmed where petitioner fails to show court abused discretion in finding him an unreasonable risk of danger to public safety. 		Criminal Law and Procedure Jun. 7, 2016
U.S. v. Ornelas
In determining prisoner's eligibility for sentence reduction, court must calculate the guideline range by using criminal history category applicable before any consideration of downward departure. 		Criminal Law and Procedure Jun. 6, 2016
U.S. v. Loveland
Conviction for conspiracy to possess methamphetamine with intent to distribute vacated due to lack of evidence of agreement to resell the drugs. 		Criminal Law and Procedure Jun. 5, 2016
People v. Garlinger
'Kelly' standard for admission of new scientific techniques does not apply to cell phone records that triangulated robber's location on night of robbery. 		Criminal Law and Procedure Jun. 2, 2016
People v. Castillolopez
Conviction properly reversed where Swiss Army Knife with collapsible blade does not qualify as 'dirk or dagger' because blade does not lock into position. 		Criminal Law and Procedure Jun. 2, 2016
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