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People v. Medina
Aider and abettor's active involvement in every element of attempted robbery that ended in murder supported sentencing court's special circumstance finding.
Criminal Law and Procedure Mar. 18, 2016
People v. Myers
Denial of Proposition 36 resentencing petition affirmed where court does not err in use of definition regarding 'unreasonable risk of danger to public safety.'
Criminal Law and Procedure Mar. 18, 2016
People v. Appleton
Probation condition allowing for searches of defendant's computers and electronic devices struck as unconstitutionally overbroad, requiring remand to fashion more narrowly-tailored condition.
Criminal Law and Procedure Mar. 17, 2016
People v. Valencia
Man who used fake $50 bills to purchase prepaid cellphone worth less than $950 is eligible for resentencing under new shoplifting law in Proposition 47.
Criminal Law and Procedure Mar. 17, 2016
People v. Nestdrop
Defendants, makers of marijuana delivery 'app', unsuccessful in overturning preliminary injunction because Proposition D prohibits virtually all deliveries of marijuana by vehicle.
Criminal Law and Procedure Mar. 16, 2016
People v. Franco
Face value, rather than 'actual' value, of forged check pertinent question in Prop 47 resentencing.
Criminal Law and Procedure Mar. 16, 2016
People v. Hutton
Defendant erroneously denied presentence custody credits though he was on 'sheriff's parole' and, therefore, not 'in custody,' at time of his arrest.
Criminal Law and Procedure Mar. 16, 2016
Daire v. Lattimore
Counsel's omission of defendant's mental illness does not run afoul of 'Strickland,' which applies to ineffective assistance of counsel in noncapital cases, precluding habeas relief.
Criminal Law and Procedure Mar. 16, 2016
Burton v. Davis
Habeas relief properly granted to California prisoner where state courts failed to adequately determine the merits of his 'Faretta' request for self-representation in murder trial.
Criminal Law and Procedure Mar. 11, 2016
People v. Root
Defendant entitled to relief under Proposition 47 because entry into bank to commit theft by false pretenses in amounts under $950 qualifies as 'shoplifting.'
Criminal Law and Procedure Mar. 11, 2016
U.S. v. Reza-Ramos
Felony murder conviction vacated where court errs in defining 'burglary' under federal murder statute by reference to Arizona's burglary statute.
Criminal Law and Procedure Mar. 10, 2016
People v. Arevalo
Acquittal on weapons charge and arming allegation precludes resentencing court from finding inmate ineligible for resentencing consideration.
Criminal Law and Procedure Mar. 10, 2016
McWilliams v. Alabama
Order
Criminal Law and Procedure Mar. 10, 2016
Storey v. Alabama
Order
Criminal Law and Procedure Mar. 10, 2016
Thompson v. Roy, Comm'r
Order
Criminal Law and Procedure Mar. 10, 2016
Baker v. Alabama
Order
Criminal Law and Procedure Mar. 10, 2016
Duke v. Alabama
Order
Criminal Law and Procedure Mar. 10, 2016
Presley v. Alabama
Order
Criminal Law and Procedure Mar. 10, 2016
People v. Garcia
Proposition 47's statutory scheme allowing recall of sentence applies to all those with felony dispositions, including those placed on probation who otherwise meet the conditions specified therein.
Criminal Law and Procedure Mar. 9, 2016
Wearry v. Cain
'Brady' violation from prosecution's failure to turn over evidence supporting inmate's innocence results in reversal of state postconviction court's denial of relief.
Criminal Law and Procedure Mar. 8, 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. 7, 2016
Hedlund v. Ryan
Reversal of district court's denial of petitioner's writ of habeas corpus required due to Arizona Supreme Court's unconstitutional application of 'causal nexus' test.
Criminal Law and Procedure Mar. 7, 2016
People v. Gutierrez
Court may not revoke post-release community supervision after probationer commits non-violent drug offense without first determining whether probationer qualifies for treatment alternative pursuant to Prop 36.
Criminal Law and Procedure Mar. 4, 2016
Tarango v. McDaniel
Nevada prisoner is entitled to habeas relief where state supreme court failed to consider potential prejudicial impact of police contact with known hold-out juror.
Criminal Law and Procedure Mar. 4, 2016
U.S. v. Werle
'Felony riot' conviction under Washington law does not trigger Armed Career Criminal Act's 15-year mandatory minimum sentence where offense did not constitute 'violent felony.'
Criminal Law and Procedure Mar. 4, 2016
People v. Williams
Proposition 47-based felony redesignations are not retroactive such that they upset sentencing enhancements based upon felonies that were subsequently redesignated as misdemeanors.
Criminal Law and Procedure Mar. 4, 2016
People v. Foy
Admission of witness's former testimony without finding of constitutional unavailability violates defendant's confrontation rights under the Sixth Amendment.
Criminal Law and Procedure Mar. 3, 2016
People v. Root
Defendant entitled to relief under Proposition 47 because entry into bank to commit theft by false pretenses in amounts under $950 qualifies as 'shoplifting.'
Criminal Law and Procedure Mar. 3, 2016
U.S. v. Medina-Carrasco
Appeal dismissed where defendant is sentenced according to plea agreement and his waiver of appellate rights is valid and enforceable.
Criminal Law and Procedure Mar. 3, 2016
Mendez v. County of Los Angeles
Deputies entitled to qualified immunity for violating knock-and-announce rule where law at the time was not clearly established.
Criminal Law and Procedure Mar. 3, 2016