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U.S. v. Mujahid
The Constitution gives Congress the power to criminalize sexual assaults in facilities where federal inmates are held by agreement with state and local governments.
Criminal Law and Procedure Aug. 28, 2015
People v. Gibson
Court must retain all evidence exhibits until proceeding is final; failure to do so in prior strike assessment was error, but a harmless one.
Criminal Law and Procedure Aug. 27, 2015
U.S. v. Christensen
Criminal sleuths escape computer fraud- and unauthorized computer access-related convictions connected to operation of criminal enterprise, Pellicano Investigative Agency.
Criminal Law and Procedure Aug. 26, 2015
U.S. v. Sanchez-Gomez
Shackling of criminal defendants must be justified by commensurate need; financial burden and staffing concerns of U.S. Marshals Service do not represent such need.
Criminal Law and Procedure Aug. 26, 2015
People v. Pinon
Trial court errs in imposing period of parole in resentencing offender under Prop. 47, without accounting for custody credits and where resulting period exceeded remainder of his post-release community supervision.
Criminal Law and Procedure Aug. 25, 2015
People v. Seumanu
In automatic appeal, California Supreme Court rejects defendant's 'Jones' claim concerning delay in implementing death penalty, an issue more appropriately presented in a petition for habeas corpus.
Criminal Law and Procedure Aug. 25, 2015
People v. Williams
Rejection of claims of numerous alleged errors during gang leader's guilt and penalty phase of trial results in affirmance of death sentence.
Criminal Law and Procedure Aug. 25, 2015
People v. Sherow
Under Proposition 47, petitioner seeking resentencing has burden to show losses do not exceed $950 and thus fall within new statutory definition of shoplifting.
Criminal Law and Procedure Aug. 24, 2015
U.S. v. Rivera-Constantino
Prior federal conviction for conspiring to possess marijuana with intent it distribute warrants 16-level sentencing enhancement although conviction did not require overt act.
Criminal Law and Procedure Aug. 20, 2015
U.S. v. Chadwell
Allowing jury to view video exhibit in jury room is not abuse of discretion or violation of defendant's right to be present at all stages of trial.
Criminal Law and Procedure Aug. 20, 2015
People v. Shepard
Petitioner fails to challenge trial court's denial of his petition for certificate of rehabilitation on due process grounds but may file new petition.
Criminal Law and Procedure Aug. 20, 2015
People v. Eandi
Court lacks authority under Proposition 47 to amend complaint to redesignate felony failure to appear on felony charge to misdemeanor failure to appear on misdemeanor charge.
Criminal Law and Procedure Aug. 20, 2015
U.S. v. Pedrin
Where co-conspirator solicited work from government agent, and ATF agent confirmed defendant was willing to perform staged robbery, reverse sting operation is not 'outrageous government conduct' warranting dismissal.
Criminal Law and Procedure Aug. 18, 2015
Lopez-Valencia v. Lynch
Offender's petty theft conviction in California cannot be a predicate offense to support his removal.
Criminal Law and Procedure Aug. 18, 2015
People v. Blackburn
Trial court must personally advise mentally disordered defendant of right to jury trial and must obtain personal waiver before holding bench trial to extend commitment.
Criminal Law and Procedure Aug. 18, 2015
People v. Tran
Language in statutory scheme for extending involuntary commitment of insane defendants has same meaning as parallel language addressed in 'People v. Blackburn.'
Criminal Law and Procedure Aug. 18, 2015
Reyes v. Lewis
Postwarning confession must be suppressed where police officers violate 'Missouri v. Seibert.'
Criminal Law and Procedure Aug. 17, 2015
Crace v. Herzog
Person who brandished sword at police obtains habeas relief due to Washington Supreme Court failure to apply 'reasonable-probability' analysis as explicitly required under Strickland's prejudice prong.
Criminal Law and Procedure Aug. 17, 2015
People v. Preston
Trial court improperly imposes additional restitution fines following revocation of defendant's probation in all three of her cases.
Criminal Law and Procedure Aug. 14, 2015
People v. McCoy
Recidivist felon may not reduce one year supervised parole term imposed under Prop. 47 although he has excess presentence custody credits.
Criminal Law and Procedure Aug. 14, 2015
People v. Financial Casualty & Surety Inc.
Surety fails to demonstrate good cause to justify second extension of appearance period where investigator's efforts to locate defendant proved fruitless.
Criminal Law and Procedure Aug. 14, 2015
U.S. v. Temkin
District court errs in calculating offense level, failing to apply sentencing guideline pertaining to 'underlying unlawful conduct' of defendant's actions.
Criminal Law and Procedure Aug. 14, 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 Aug. 14, 2015
People v. Nguyen
Backseat passenger who 'stared' at victim's car just prior to shooting, found guilty of aiding and abetting attempted murder of rival gang member.
Criminal Law and Procedure Aug. 14, 2015
People v. Amaya
Court does not err in reinstating original sentence following Proposition 36 resentencing that resulted in void judgment.
Criminal Law and Procedure Aug. 13, 2015
U.S. v. Boitano
Filing is an element of a 26 U.S.C. Section 7206(1) offense and IRS' failure to prove defendant filed tax returns warranted reversal of convictions.
Criminal Law and Procedure Aug. 13, 2015
People v. James
Trial court's failure to issue unconsciousness defense instruction warrants reversal of defendant's convictions related to bizarre incident.
Criminal Law and Procedure Aug. 13, 2015
U.S. v. Fries
Higher sentence is reasonable where defendant's prior convictions on severed counts were 'not part of the instant offense.'
Criminal Law and Procedure Aug. 11, 2015
United States v. Montoya-Gaxiola
Failure to instruct jury of mens rea element of crime constitutes non-harmless error in unlawful gun ownership case.
Criminal Law and Procedure Aug. 11, 2015
People v. Accredited Surety and Casualty Co. Inc.
Attempt to exonerate bail bonds fails as request to extend appearance period is based on information gathered too late
Criminal Law and Procedure Aug. 10, 2015