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Name Category Published
People v. Forrest
Probation condition restricting probationer from being in presence of weapon is unconstitutionally overbroad because it essentially denied her right to access courts. 		Criminal Law and Procedure Jun. 18, 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 Jun. 18, 2015
People v. DeJongh
Mother who stipulated to children's extended visit with grandparents commits child custody deprivation when she instead took children to Mexico. 		Criminal Law and Procedure Jun. 18, 2015
People v. Contreras
Probation condition prohibiting probationer from using, possessing, or otherwise accessing 'surveillance equipment' was unconstitutionally vague and overbroad. 		Criminal Law and Procedure Jun. 17, 2015
Washington v. Ryan
Where notice of appeal is untimely, court does not have jurisdiction to consider denial of habeas petition. 		Criminal Law and Procedure Jun. 17, 2015
People v. Allen
Excusal of three African-American female prospective jurors who had close family members with mental health issues does not show group bias. 		Criminal Law and Procedure Jun. 17, 2015
People v. Hickman
Proposition 47 gives trial court discretion to order one year of supervised parole without consideration of presentence custody credits. 		Criminal Law and Procedure Jun. 17, 2015
People v. Noriega
Rape victim's lack of memory during cross-examination did not constitute deliberate refusal to answer questioning that would justify exclusion of her testimony. 		Criminal Law and Procedure Jun. 17, 2015
Newman v. Wengler
Prisoner not entitled to habeas relief based on allegedly unlawfully seized evidence where he had full and fair opportunity to litigate Fourth Amendment claims in state court. 		Criminal Law and Procedure Jun. 16, 2015
People v. Le
High court precedent instructs that penal code prohibits imposition of two sentencing enhancements where both are for being armed in the commission of a single offense. 		Criminal Law and Procedure Jun. 15, 2015
People v. Curlee
Government must show differential treatment of sexually violent predators from persons not guilty by reason of insanity is justified before compelling testimony. 		Criminal Law and Procedure Jun. 14, 2015
U.S. v. Yamashiro
Counsel's absence during victim witness' allocution violates defendant's Sixth Amendment right to counsel, warranting resentencing. 		Criminal Law and Procedure Jun. 14, 2015
U.S. v. Alcantara-Castillo
Defendant's conviction overturned where prosecutor improperly compelled defendant to comment on key witness' veracity and impermissibly vouched for same witness. 		Criminal Law and Procedure Jun. 11, 2015
People v. Namphonh
Trial court properly ordered sex offender to pay victim's medical examination costs despite claim of present inability to pay. 		Criminal Law and Procedure Jun. 11, 2015
People v. Garcia
Instructing on the legal impossibility of conspiracy to commit attempted murder is error but error was harmless. 		Criminal Law and Procedure Jun. 10, 2015
U.S. v. Osuna-Alvarez
Aggravated identity theft under 18 U.S.C. Section 1028A does not require theft as an element of the offense. 		Criminal Law and Procedure Jun. 10, 2015
Zapata v. Vasquez
Gang member is entitled to habeas relief where counsel's failure to object to prosecutor's inflammatory, fabricated, and ethnically charged remarks, constituted ineffective assistance. 		Criminal Law and Procedure Jun. 9, 2015
Lee v. Jacquez
State's failure to prove rule is an adequate state law ground barring federal review results in reversal and consideration of claims on the merits. 		Criminal Law and Procedure Jun. 9, 2015
Bemore v. Chappell
Prisoner entitled to reduction of life sentence to life without parole based on ineffective assistance of counsel because jury might have been persuaded by mitigating evidence. 		Criminal Law and Procedure Jun. 9, 2015
People v. Chung
Consecutive sentences on three offer to sell counts violated bar on multiple punishment for 'single act' under Penal Code Section 654. 		Criminal Law and Procedure Jun. 9, 2015
U.S. v. Crooked Arm
Sale of fan containing migratory bird feathers is a misdemeanor, not a felony, under the Migratory Bird Treaty Act. 		Criminal Law and Procedure Jun. 8, 2015
People v. Scott
California Supreme Court upholds man's convictions and death sentence in connection with rape, murder of elderly woman and clarifies practice in reviewing 'Batson/Wheeler' motions. 		Criminal Law and Procedure Jun. 8, 2015
People v. Chung
Consecutive sentences on three offer to sell counts violated bar on multiple punishment for 'single act' under Penal Code Section 654. 		Criminal Law and Procedure Jun. 4, 2015
People v. Shabazz
Defendant must comply with specific procedures before he can reduce qualifying felony convictions to misdemeanors under Proposition 47, which does not apply automatically. 		Criminal Law and Procedure Jun. 2, 2015
Pensinger v. Chappell
Kidnap-murder special circumstance and death sentence must be vacated where jury was not instructed on requirement of 'independent felonious purpose.' 		Criminal Law and Procedure Jun. 2, 2015
Elonis v. United States
'Reasonable person' standard improperly applied in context of criminal-threat-by-Facebook case; renders culpability level negligence, which cannot support the conviction. 		Criminal Law and Procedure Jun. 1, 2015
People v. Tingcungco
Tolling of appearance period for bail jumper not statutorily supported without prosecutorial assent. 		Criminal Law and Procedure May 31, 2015
U.S. v. Martinez
Defendant was not removable based on aggravated felony because Washington state conviction for third-degree child molestation did not categorically qualify as generic sexual abuse of minor. 		Criminal Law and Procedure May 28, 2015
People v. Trujeque
Violation of ex post facto clause to apply California Penal Code Section 1387.1 when defendant was not liable when the section became effective. 		Criminal Law and Procedure May 28, 2015
People v. Walker
Trial court prejudicially errs in failing to issue instruction on lesser included offense warranting reversal of defendant's conviction for felony possession of marijuana for sale. 		Criminal Law and Procedure May 27, 2015
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