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People v. Espino
Consent given to vehicle search while defendant was unlawfully under arrest is not valid because not voluntarily given. 		Criminal Law and Procedure May 24, 2016
Betterman v. Montana
Sixth Amendment's speedy trial guarantee does not apply once defendant has been found guilty at trial or has pled guilty to criminal charges. 		Criminal Law and Procedure May 20, 2016
People v. Silva
Failure to notice defendant of his ability to withdraw plea in the event court seeks to impose sentence outside the plea's agreed boundaries requires remand. 		Criminal Law and Procedure May 20, 2016
People v. Arendtsz
Penal Code Section 1016.5 motion to vacate nolo contendere plea for felony sexual battery properly denied where defendant was twice advised of adverse immigration consequences of plea. 		Criminal Law and Procedure May 20, 2016
People v. Deegan
Homeless man's separate punishment arising out of an incident at Golden Gate Park is proper under multiple-victim exception to Penal Code Section 654. 		Criminal Law and Procedure May 19, 2016
U.S. v. Tadios
Estimated value of time CEO of federally-funded health care clinic spent visiting her husband, which should have been reported as annual leave, properly included in loss calculation. 		Criminal Law and Procedure May 19, 2016
People v. McEntire
Sufficient evidence supports violent felony enhancement based on finding nonparticipant was present during commission of burglary where nonparticipant sees intruder but flees before he enters. 		Criminal Law and Procedure May 18, 2016
U.S. v. Quintero-Leyva
Defendant successfully obtains re-sentencing on importation of methamphetamine conviction to allow for retroactive application of amendment to minor role reduction under federal sentencing guidelines. 		Criminal Law and Procedure May 18, 2016
In re Johnson
In light of 'People v. Chiu,' defendant's conviction for first degree premeditated murder based on natural and probable consequences theory of aiding and abetting vacated. 		Criminal Law and Procedure May 18, 2016
People v. Vasquez
Trial court lacks authority to vacate completed sentence on prior felony conviction that qualified for redesignation as a misdemeanor under Proposition 47. 		Criminal Law and Procedure May 18, 2016
Kernan v. Hinojosa
Ninth Circuit improperly reviews California inmate's ex post facto claim de novo rather than through AEDPA's deferential lens, warranting reversal of habeas relief. 		Criminal Law and Procedure May 17, 2016
People v. Herrera
Murder conviction overturned where court's evidentiary ruling effectively precluded defendant from presenting defense that he was in a dissociative, PTSD-induced fog when he committed murder. 		Criminal Law and Procedure May 17, 2016
People v. Byron
Post Release Community Supervision properly revoked over drug user's allegations of due process violations related to timing of her arraignment and probable cause hearing. 		Criminal Law and Procedure May 17, 2016
People v. Berg
Grant of habeas corpus petition affirmed in case where defendant sentenced to life without possibility of parole for first degree murder committed at age 17. 		Criminal Law and Procedure May 16, 2016
People v. Mariscal
Reversal not required where prosecution consistently indicates One Strike circumstance relates to one count even though information mistakenly pleads circumstance as to another count. 		Criminal Law and Procedure May 13, 2016
U.S. v. LaCoste
For defendant convicted of conspiracy to commit securities fraud, supervised release conditions imposing total ban on internet use and a residency restriction vacated and remand ordered. 		Criminal Law and Procedure May 13, 2016
People v. Nicholes
Gang enhancements stricken where prosecution's gang expert's testimony insufficient to meet requirement under 'People v. Prunty' regarding gang subsets. 		Criminal Law and Procedure May 13, 2016
People v. Butcher
Defendant properly sentenced to state prison - not county jail - for felony evading where Legislature clearly considers offense not to be low-level felony subject to Realignment Act. 		Criminal Law and Procedure May 11, 2016
People v. Abdallah
One year enhancement under Penal Code Section 667.5(b) inapplicable where court recalls felony conviction and resentences defendant under Proposition 47 before sentencing on current case. 		Criminal Law and Procedure May 11, 2016
U.S. v. Inouye
No abuse of discretion in setting restitution at eight percent of defendant's gross monthly income in connection with revocation of supervised release. 		Criminal Law and Procedure May 11, 2016
People v. Wade
Defendant carries a firearm 'on his person' within Penal Code Section 25850(a)'s meaning if he is wearing backpack containing firearm. 		Criminal Law and Procedure May 10, 2016
People v. Cortez
Murder convictions, reversed on appeal, reinstated where trial court commits no error relating in part to prosecutor's comments on reasonable doubt standard. 		Criminal Law and Procedure May 10, 2016
Gimenez v. Ochoa
Father's murder conviction upheld in connection with infant daughter's death due to shaken baby syndrome. 		Criminal Law and Procedure May 10, 2016
People v. Landau
Pedophile obtains relief from order recommitting him as sexually violent predator due to court's prejudicial error in admitting 'massive amount of inadmissible hearsay.' 		Criminal Law and Procedure May 9, 2016
People v. Johnston
Vehicle Code offense that allows, and continues to allow punishment as misdemeanor or felony, is ineligible for retrospective resentencing relief under Penal Code Section 1170.18. 		Criminal Law and Procedure May 9, 2016
U.S. v. Lee
Prior convictions are not "crime of violence" under residual clause of Section 4B1.2(a)(2) of United States Sentencing Guidelines, resulting in vacated sentence and remand. 		Criminal Law and Procedure May 9, 2016
Rishor v. Ferguson
Denial of habeas relief reinstated where district court erroneously determined that defendant, who validly waived counsel at first trial, was entitled to second waiver of counsel hearing on remand. 		Criminal Law and Procedure May 9, 2016
U.S. v. Vega-Ortiz
Denial of motion to dismiss information charging defendant with being deported alien found in United States proper where prior convictions qualify as aggravated felonies. 		Criminal Law and Procedure May 9, 2016
People v. Brown
Gang member's first degree murder conviction overturned due to erroneous and prejudicial prosecution under natural and probable consequences theory of aiding and abetting. 		Criminal Law and Procedure May 6, 2016
People v. Mohamed
Doctor properly convicted of involuntary manslaughter in death of liposuction patient where substantial evidence supported he was criminally negligent in performing procedure. 		Criminal Law and Procedure May 5, 2016
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