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U.S. v. Lemus
Comparison of drugs that were not tied to defendant is insufficient to support jury's quantity finding, warranting reversal and remand for resentencing.
Criminal Law and Procedure Mar. 3, 2016
People v. Rouse
Inmate found to be eligible for resentencing under Penal Code Section 1170.18, Proposition 47, is entitled to assistance of counsel at resentencing stage.
Criminal Law and Procedure Mar. 2, 2016
Lockhart v. U.S.
Statutory minimum sentence enhancement under 18 U.S.C. Section 2252(b)(2) applies to defendant's prior state conviction for sexual abuse whether or not conviction involved a minor or ward.
Criminal Law and Procedure Mar. 2, 2016
U.S. v. Murguia-Rodriguez
Court's dismissal of defendant's interpreter without adhering to procedural requirements of the Court Interpreter's Act results in vacation of sentence and remand.
Criminal Law and Procedure Mar. 2, 2016
People v. Dobson
Penal Code Section 1170.126, which allows certain inmates to recall sentences pursuant to Three Strikes Reform Act of 2012, does not apply to insanity committees.
Criminal Law and Procedure Mar. 2, 2016
People v. Chen
Reversal required where court's order reducing defendant's felony second degree burglary conviction to misdemeanor second degree burglary is not authorized by Proposition 47.
Criminal Law and Procedure Mar. 2, 2016
People v. Bias
Defendant ineligible for Prop 47 relief, as resentencing language does not pertain to defendant's particular crime of identity theft.
Criminal Law and Procedure Mar. 1, 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 Feb. 29, 2016
People v. Descano
Conviction for cultivating marijuana is not eligible for resentencing under Proposition 47; nor does its exclusion as offense eligible for resentencing violate equal protection.
Criminal Law and Procedure Feb. 29, 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 Feb. 29, 2016
U.S. v. Hernandez-Castro
Defendant may not appeal sentence for breach of plea agreement where government fails to object to sentencing departure that differs from stipulation, especially where eventual sentence falls below stipulated range.
Criminal Law and Procedure Feb. 26, 2016
People v. Garcia
Burglar's mere entries with felonious intent into structure and bathroom within that structure do not permit multiple burglary convictions.
Criminal Law and Procedure Feb. 26, 2016
People v. Garcia
Defendants unsuccessful in challenging robbery convictions; gang enhancement also upheld where there is sufficient evidence to sustain jury's true finding.
Criminal Law and Procedure Feb. 24, 2016
People v. Quiroz
A trial court does not have jurisdiction to convene a competency hearing after a state hospital certifies that an involuntarily confined defendant is not likely to regain competence.
Criminal Law and Procedure Feb. 24, 2016
In re Andres
Order granting habeas corpus petition affirmed where inmate timely filed appeal and was not required to use any specific mail procedure in filing appeal.
Criminal Law and Procedure Feb. 24, 2016
In re Kirchner
Defendant, sentenced as a juvenile to life without possibility of parole, must pursue remedy providing opportunity for parole hearing before resorting to habeas relief.
Criminal Law and Procedure Feb. 24, 2016
People v. Masters
Defendant's claims of error rejected; judgment of death for first degree murder of correctional officer affirmed in its entirety.
Criminal Law and Procedure Feb. 23, 2016
Kao v. California Dept. of Corrections and Rehabilitation
Inmate, seeking to compel processing of his disciplinary appeal, successful in reversing denial of petition for writ of mandate for untimeliness.
Criminal Law and Procedure Feb. 23, 2016
People v. Perry
In petition for resentencing under Proposition 47, resentencing court properly declined People's request to invalidate plea agreement and reinstate previously dismissed charges against petitioner.
Criminal Law and Procedure Feb. 22, 2016
In re Kocontes
Petition for writ of habeas corpus denied; collateral estoppel does not bar new complaint filed after dismissal of prior complaint alleging same offense.
Criminal Law and Procedure Feb. 22, 2016
People v. Hudson
Court permitted to determine whether defendant's convictions for simple drug possession were for personal use in order to assess eligibility for drug treatment probation.
Criminal Law and Procedure Feb. 22, 2016
People v. Brown
Defendant entitled to resentencing of felony conviction of receiving stolen property under Proposition 47, notwithstanding conviction was obtained pursuant to plea agreement.
Criminal Law and Procedure Feb. 19, 2016
People v. O’Malley
Defendant's allegations of error rejected; judgment of death for first-degree murders affirmed.
Criminal Law and Procedure Feb. 19, 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 Feb. 19, 2016
People v. Goolsby
Double jeopardy bars retrial of charge, on which jury was instructed but did not return verdict, believing said charge to be a lesser included offense of convicted crime.
Criminal Law and Procedure Feb. 19, 2016
Mena v. Long
'Rhines v. Weber' stay and abeyance procedure is not limited to habeas petitions raising exhausted and unexhausted claims; also applies to fully unexhausted petitions.
Criminal Law and Procedure Feb. 18, 2016
People v. ZarateCastillo
Misclassification of certain child sexual abuse offenses as general intent crimes does not warrant reversal of uncle's convictions for molesting young victim.
Criminal Law and Procedure Feb. 18, 2016
U.S. v. Eglash
Mail fraud conviction based on notice of disability award affirmed but mail fraud conviction based on summary of defendant's fraudulent statements reversed.
Criminal Law and Procedure Feb. 18, 2016
People v. Garner
Court allowed, when recalculating defendant's sentence under Proposition 36, to impose sentence for previously stricken prison term enhancements.
Criminal Law and Procedure Feb. 17, 2016
In re Brooks Loveton
Sixty-day limit for Department of State Hospitals to admit defendants found mentally incompetent to stand trial upheld, although remand required to consider recent statutory changes.
Criminal Law and Procedure Feb. 16, 2016