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People v. Wright
Failure to instruct on provocation and heat of passion was error, but does not warrant reversal of first degree murder conviction. 		Criminal Law and Procedure Jan. 8, 2016
People v. Araujo
Where clear written waiver form is provided defendant, and read to defendant in her native language, motion to vacate because defendant did not understand immigration consequences of guilty plea is properly denied. 		Criminal Law and Procedure Jan. 8, 2016
People v. Asghedom
Defendant's motion seeking to vacate convictions because he was not given immigration advisements must be reconsidered due to court's abuse of discretion. 		Criminal Law and Procedure Jan. 7, 2016
People v. Goode
The lapse of a few seconds between opening a storm door and attempting to open a nearby window in order to gain unlawful entry to the same residence was insufficient to make defendant's conduct divisible in time. 		Criminal Law and Procedure Dec. 31, 2015
Styers v. Ryan
Murderer not entitled to habeas relief despite state court's constitutional error because state court's 'finality' determination was not contrary to federal law. 		Criminal Law and Procedure Dec. 31, 2015
People v. Haywood
Court declines invitation to 'engage in judicial legislation;' affirms rejection of Prop 47 petition arguing that crime outside of those considered by initiative (unlawful taking/driving of vehicle) could merit resentencing. 		Criminal Law and Procedure Dec. 31, 2015
U.S. v. Taylor
Proof of risk of loss to financial institution not required for conviction of making false statements to a bank. 		Criminal Law and Procedure Dec. 30, 2015
McKinney v. Ryan
Denial of writ of habeas corpus reversed where court commits constitutional error in death sentence by applying state's 'causal nexus' test to nonstatutory mitigation factors. 		Criminal Law and Procedure Dec. 30, 2015
People v. Thompson
Defendant entitled to resentencing of grand theft of access card information conviction as misdemeanor under Proposition 47 where value of taken property less than $950. 		Criminal Law and Procedure Dec. 29, 2015
U.S. v. Navarrette-Aguilar
Heroin dealer must be resentenced due to district court's erroneous ruling on jury's quantity finding which, in turn, prejudicially triggered mandatory minimum 20-year sentence. 		Criminal Law and Procedure Dec. 29, 2015
People v. Hicks
Court properly refuses to advise jury during second degree murder trial that defendant had been convicted of lesser related offense in first trial. 		Criminal Law and Procedure Dec. 28, 2015
People v. Estrada
Court properly finds defendant ineligible for resentencing as second-strike offender under Proposition 36 based on preliminary hearing testimony showing defendant used firearm during robbery. 		Criminal Law and Procedure Dec. 28, 2015
People v. Marks
Petitioner may not seek to reclassify prior drug offenses as misdemeanors through petition for resentencing on current felony conviction under Proposition 47. 		Criminal Law and Procedure Dec. 28, 2015
McDaniels v. Kirkland
In habeas cases, federal courts may consider entire state-court record, including evidence presented only to trial court. 		Criminal Law and Procedure Dec. 28, 2015
U.S. v. Cook
Drug supplier defendant's fact pattern differs meaningfully from 'Gant' defendant, supports finding that search incident to lawful arrest was constitutional. 		Criminal Law and Procedure Dec. 28, 2015
People v. Sandoval
In automatic appeal from death sentence for murder conviction, lying-in-wait special circumstance finding reversed but judgment otherwise affirmed. 		Criminal Law and Procedure Dec. 28, 2015
People v. Gomez
Defendant not entitled to resentencing under Proposition 47 when he fails to meet burden showing vehicle he took was valued at less than $950. 		Criminal Law and Procedure Dec. 24, 2015
People v. Scally
Character evidence that is relevant to rebut defendant's claim that he is not a pimp is admissible. 		Criminal Law and Procedure Dec. 24, 2015
U.S. v. Cisneros-Rodriguez
Defendant who was facially eligible for U-visa obtains reversal of illegal reentry conviction due to ICE agent's erroneous advice during administrative removal proceeding. 		Criminal Law and Procedure Dec. 24, 2015
U.S. v. DeCinces
Appellate court lacks pendent appellate jurisdiction over defendant's interlocutory cross-appeal challenging his securities fraud indictment under the collateral order doctrine. 		Criminal Law and Procedure Dec. 23, 2015
People v. Gerard
Board of Parole Hearing properly placed prisoner on 45-day hold to allow time for full 'mentally disordered offender' evaluation. 		Criminal Law and Procedure Dec. 23, 2015
Garcia v. Long
Grant of habeas relief affirmed where petitioner's confession played for jury despite his unambiguous and unequivocal invocation of 'Miranda.' 		Criminal Law and Procedure Dec. 22, 2015
People v. Santori
Restitution order in favor of City of Palmdale for graffiti abatement costs affirmed where it makes prima facie showing of loss at restitution hearing. 		Criminal Law and Procedure Dec. 21, 2015
People v. Burton
Trial court properly admitted defendant's prior convictions for intimate partner battery for impeachment purposes because convictions were crimes involving moral turpitude. 		Criminal Law and Procedure Dec. 21, 2015
People v. Superior Court (Sanchez-Flores)
Misdemeanant need not pay fines that misdemeanor charge otherwise called for before she may obtain relief contemplated under Deferral of Sentencing Pilot Program. 		Criminal Law and Procedure Dec. 18, 2015
People v. Goolsby
Lesser related arson of property offense can be retried where it was prosecuted in single proceeding along with arson of an 'inhabited structure or inhabited property.' 		Criminal Law and Procedure Dec. 18, 2015
People v. Burnes
Court errs in relying solely on inadmissible and unreliable probation report when determining defendant was armed and thus ineligible for Proposition 36 resentencing. 		Criminal Law and Procedure Dec. 16, 2015
People v. Wright
Failure to instruct on provocation and heat of passion was error, but does not warrant reversal of first degree murder conviction. 		Criminal Law and Procedure Dec. 16, 2015
White v. Wheeler
Kentucky defendant's death sentence reinstated after Sixth Circuit wrongly overturns his sentence after determining juror should not have been excused. 		Criminal Law and Procedure Dec. 15, 2015
People v. Jimenez
DUI-related convictions affirmed where substantial evidence establishes defendant was under influence of methamphetamine and implied malice, and blood test results not subject to exclusion. 		Criminal Law and Procedure Dec. 14, 2015
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