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People v. Reyes
Prosecutor's rebuttal argument concerning teenage victim's sexual orientation does not constitute misconduct that would justify reversal of rapist's convictions. 		Criminal Law and Procedure Mar. 31, 2016
People v. Reyes
Prosecutor's rebuttal argument concerning teenage victim's sexual orientation does not constitute misconduct that would justify reversal of rapist's convictions. 		Criminal Law and Procedure Mar. 31, 2016
People v. Fedalizo
Where appointed public defender waives resentencing petitioner's right to appear (pursuant, ostensibly, to petitioner's direction), petitioner cannot claim his constitutional right to self-representation was violated. 		Criminal Law and Procedure Mar. 31, 2016
People v. Jones
Remand not warranted where current law does not require trial court to provide written reason in minutes for dismissing defendant's strikes. 		Criminal Law and Procedure Mar. 31, 2016
People v. Sanchez
Criminal defendant's constitutional and statutory right to be present at sentencing violated where court resentenced him in his absence. 		Criminal Law and Procedure Mar. 30, 2016
U.S. v. Hernandez-Lara
Sentence affirmed where definition of "crime of violence" is unconstitutionally vague and thus cannot provide basis upon which to impose sentencing enhancement. 		Criminal Law and Procedure Mar. 30, 2016
People v. Ybarra
Where counts from different violent offenses are joined, as being within the 'same class of crimes,' undue prejudice does not exist merely because evidence from two offenses is moderately imbalanced, or because evidence is not cross-admissible. 		Criminal Law and Procedure Mar. 30, 2016
Brooks v. Yates
Counsel's 'virtual abandonment' of his client amounts to extraordinary circumstance warranting relief under FRCP 60(b) following dismissal of client's habeas petition as untimely. 		Criminal Law and Procedure Mar. 29, 2016
U.S. v. Basa
Sentencing enhancement applies to sex trafficking conviction even though defendant did not herself have sex with victims; nor was application of additional enhancement impermissible double counting. 		Criminal Law and Procedure Mar. 29, 2016
People v. Rangel
Defendant's failure to raise meritorious claims of error results in affirmance of judgment of death for first degree murder convictions. 		Criminal Law and Procedure Mar. 29, 2016
People v. Rogers
Where defendant waives preliminary hearing, additional counts and enhancements may not be subsequently added, as any such additions must be based on evidence presented at a preliminary hearing. 		Criminal Law and Procedure Mar. 29, 2016
People v. Arellano
Convictions for possession of assault weapon and active participation in criminal street gang reversed where 'Batson/Wheeler' motion alleging dismissal based on race wrongly denied. 		Criminal Law and Procedure Mar. 28, 2016
People v. Zaun
Burglar fails to overturn attempt convictions over aborted burglaries of occupied homes committed in 2013. 		Criminal Law and Procedure Mar. 28, 2016
People v. Florez
Use of 'shall' in Prop 36 resentencing statute does not create presumption favoring resentencing of eligible petitioners. 		Criminal Law and Procedure Mar. 28, 2016
People v. Soto
Probation condition requiring probationer to obtain permission before changing residence or leaving California is unconstitutional. 		Criminal Law and Procedure Mar. 28, 2016
People v. Brown
Conviction for resisting a police officer conditionally reversed where judge failed to sua sponte instruct jury on lesser necessarily included offense of simple assault. 		Criminal Law and Procedure Mar. 25, 2016
People v. Solis
Taking an auto, in violation of Vehicle Code Section 10851(a), not an offense eligible for resentencing under Proposition 47. 		Criminal Law and Procedure Mar. 25, 2016
People v. Kelly
Where same act of kidnapping supported both aggravated kidnapping circumstance and simple kidnapping conviction, sentencing court must stay latter sentence under Penal Code Section 654. 		Criminal Law and Procedure Mar. 25, 2016
People v. Arredondo
Consent imputed to California drivers cannot itself justify warrantless blood draw from unconscious driver; nevertheless, drunk driving conviction is upheld. 		Criminal Law and Procedure Mar. 25, 2016
Habeas Corpus Resource Center v. United States Dept. of Justice
Case challenging Attorney General's regulations dismissed for lack of jurisdiction where criminal defender organizations suffer no injury in fact and thus lack standing. 		Criminal Law and Procedure Mar. 24, 2016
U.S. v. Lundin
Court correctly suppresses handguns seized from defendant's home following a warrantless search that is not justified by exigent circumstances. 		Criminal Law and Procedure Mar. 23, 2016
People v. Bush
Petitioner's felony convictions for receiving stolen property may be eligible for resentencing as misdemeanors under Proposition 47, where record is unclear whether property involved exceeded $950. 		Criminal Law and Procedure Mar. 23, 2016
People v. Aguilar
Defendant's prior felony conviction for carrying concealed firearm in a vehicle is crime of moral turpitude admissible for impeachment purposes. 		Criminal Law and Procedure Mar. 23, 2016
People v. Giron-Chamul
Young daughter's refusal to answer many questions regarding father's offense of conviction warranted reversal where it constituted violation of his constitutional right to confrontation. 		Criminal Law and Procedure Mar. 22, 2016
Shirley v. Yates
Prisoner obtains habeas relief following court's error in denying 'Batson' claim alleging racial discrimination in prosecutor's dismissal of black veniremember. 		Criminal Law and Procedure Mar. 22, 2016
Frost v. Gilbert
Error preventing counsel from making alternative arguments in summation not prejudicial, where insufficiency argument would have 'fallen on deaf ears' due to overwhelming prosecutorial evidence. 		Criminal Law and Procedure Mar. 22, 2016
U.S. v. Nickle
District court erroneously rejects drug offender's plea though his plea otherwise met Federal Rule of Civil Procedure 11(b)'s requirements. 		Criminal Law and Procedure Mar. 22, 2016
People v. Smith
Continuance should be granted under PC 1050 where preliminary hearing will still fall within statutorily mandated ten-day window (PC 859(b)), even absent good cause. 		Criminal Law and Procedure Mar. 21, 2016
People v. Adams
Cousins' convictions for forcible rape in concert, aggravated kidnapping, and related offenses remain intact despite error in failing to stay punishment on kidnapping conviction. 		Criminal Law and Procedure Mar. 18, 2016
People v. Juarez
Conspiracy charges that contain all elements of twice-dismissed attempted murder charges must be dismissed because they constitute 'the same offense' under Penal Code Section 1387. 		Criminal Law and Procedure Mar. 18, 2016
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