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People v. American Contractors IndemnityCo.
Parties allowed 60-day window, not 15, to object to untimely summary judgments in effort to exonerate bail bonds
Criminal Law and Procedure Jul. 21, 2015
People v. Cowart
Trial court cannot order dementia-afflicted defendant to state hospital for felony involving death as hit and run statute's gravamen pertains to flight from scene, not death or injury.
Criminal Law and Procedure Jul. 20, 2015
U.S. v. Mahon
Scottsdale's Diversity Office has sufficient nexus to interstate commerce to support defendant's conviction involving pipe bomb explosion.
Criminal Law and Procedure Jul. 20, 2015
Gage v. Chappell
Failure to exercise due diligence by failing to raise claims in first habeas petition results in denial of successive petition.
Criminal Law and Procedure Jul. 20, 2015
U.S. v. Gonzalez-Corn
Removal order underlying illegal reentry charge is valid when based on qualifying felony conviction under the Controlled Substances Act.
Criminal Law and Procedure Jul. 19, 2015
People v. Borynack
Realignment Act does not authorize court to suspend execution of sentence for defendant convicted under Destructive Devices and Explosives Chapter of Penal Code.
Criminal Law and Procedure Jul. 19, 2015
People v. White
Descriptions of various indicators of non-consent to sex, found in different subdivisions of Penal Code Section 261, do not establish basis for multiple counts of rape stemming from a single act of intercourse.
Criminal Law and Procedure Jul. 16, 2015
Rogers v. McDaniel
Unconstitutionally vague jury instruction on aggravating circumstance warrants habeas relief on death sentence.
Criminal Law and Procedure Jul. 16, 2015
Boyer v. Chappell
Trial court's failure to conduct live evidentiary hearing regarding reliability of witness testimony tying convicted murderer to another murder does not warrant habeas relief.
Criminal Law and Procedure Jul. 16, 2015
People v. Morales
Second degree murder conviction overturned where defendant makes coerced statements in violation of Miranda.
Criminal Law and Procedure Jul. 15, 2015
Foley v. Biter
Counsel's failure to notify client of denial of habeas petition constitute attorney abandonment and, coupled with defendant's diligence, warrants relief.
Criminal Law and Procedure Jul. 14, 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 Jul. 14, 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 Jul. 13, 2015
People v. Lazarus
Not an abuse of discretion to deny motion to dismiss where defendant is charged 23 years after crime once DNA evidence connects her to murder of ex-lover's wife.
Criminal Law and Procedure Jul. 13, 2015
People v. Weatherton
Signing of Harvey waiver during plea deal precludes defendant from objecting to culpability of actions during restitution hearing.
Criminal Law and Procedure Jul. 12, 2015
People v. Sigur
Consent defense to burglary inapplicable where defendant invades possessory interest in home in order to engage in sex acts with minor.
Criminal Law and Procedure Jul. 12, 2015
U.S. v. Ye
First paragraph of 18 U.S.C. Section 1542, prohibiting 'willfully and knowingly' making false statements on a passport application, does not require specific intent.
Criminal Law and Procedure Jul. 12, 2015
U.S. v. Watson
Where DNA evidence may show actual innocence and defendant meets other requirements, Innocence Protection Act mandates DNA testing.
Criminal Law and Procedure Jul. 12, 2015
U.S. v. Chan
Dismissal of petition for coram nobis relief reversed as court reasons definition of ineffective assistance of counsel established in United States v. Kwan can apply retroactively.
Criminal Law and Procedure Jul. 9, 2015
People v. Johnson
Kidnapping-murder special-circumstance finding and death sentence for second degree murder vacated because of incorrect simple kidnapping instruction and error on jury verdict form.
Criminal Law and Procedure Jul. 9, 2015
People v. Banks
Felony-murder special-circumstance finding must be reversed where getaway-driver defendant was not "major participant" in armed robbery.
Criminal Law and Procedure Jul. 9, 2015
U.S. v. Roach
Former owner of electroplating business guilty of storing barrels of hazardous waste without permit under Resource Conservation and Recovery Act.
Criminal Law and Procedure Jul. 8, 2015
Maes v. Chavez
Prisoner unsuccessful in attempt to 'bend [AEDPA's one-year statute of limitations] tolling rule backwards.'
Criminal Law and Procedure Jul. 7, 2015
People v. Jefferson
Findings that defendant had reasonable cause to believe firearm was stolen must be reversed where admission of evidence of uncharged firearm possessions was prejudicial.
Criminal Law and Procedure Jul. 6, 2015
U.S. v. Guzman-Ibarez
Defendant's due process rights violated in deportation proceeding when court fails to inform of the possibility of relief under the Immigration and Nationality Act.
Criminal Law and Procedure Jul. 6, 2015
People v. Superior Court (Johnson)
California Supreme Court clarifies scope of prosecutor's 'Brady' obligation regarding confidential personnel records in light of interplay with 'Pitchess.'
Criminal Law and Procedure Jul. 6, 2015
U.S. v. Pocklington
Order to extend probation vacated for failure to obtain warrant before end of scheduled probation period.
Criminal Law and Procedure Jul. 5, 2015
People v. Beckemeyer
Adult son assaulted by mother's ex-boyfriend during violent altercation qualifies as 'domestic violence victim,' pursuant to Penal Code statute allowing for post-conviction restraining orders.
Criminal Law and Procedure Jul. 5, 2015
People v. Johnson
State High Court clarifies resentencing provisions under Prop. 36, Three Strikes Reform Act of 2012.
Criminal Law and Procedure Jul. 5, 2015
People v. Cunningham
Capital defendant's appeal from death judgment is affirmed where statutory right to be present was violated but error was harmless.
Criminal Law and Procedure Jul. 5, 2015