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Name Category Published
U.S. v. Johnston
Conviction for possession of child pornography must be vacated where it is unclear if conviction is based on separate conduct from receipt of child pornography. 		Criminal Law and Procedure May 26, 2015
People v. McNally
Correctional officer trained in firearm safety acts with implied malice by jokingly pointing a pistol at victim and causing the firearm to discharge, killing victim. 		Criminal Law and Procedure May 25, 2015
Yohner v. Cal. Dept. of Justice
Stepgrandparent who was convicted of sex offense involving stepgranddaughter is ineligible to request exclusion from state Dept. of Justice's Megan's Law Internet Web site. 		Criminal Law and Procedure May 25, 2015
People v. Jones
Threats issued during in camera hearing substantiate need to keep defendant in visible shackles, which he at first had worn voluntarily. 		Criminal Law and Procedure May 21, 2015
In re Sena
Order directing prisoner's release on parole was improper; court should have directed the parole board to conduct release proceedings. 		Criminal Law and Procedure May 20, 2015
People v. Therman
Force used to falsely imprison spouse reasonably seen as domestic abuse; merits postjudgment protective order. 		Criminal Law and Procedure May 20, 2015
U.S. v. Evans
Ex-felon registration check and dog sniff conducted after completion of traffic stop violates the Fourth Amendment unless there was independent reasonable suspicion. 		Criminal Law and Procedure May 20, 2015
People v. Miranda
Voluntary waiver of right to counsel is knowing and intelligent despite later claims of mental health problems, which were not apparent when defendant invoked right to self-representation. 		Criminal Law and Procedure May 20, 2015
U.S. v. Mageno
Where critical trial court transcript error leads appellate court to vacate conviction, rehearing is proper when said error is discovered and corrected. 		Criminal Law and Procedure May 19, 2015
In re Butler
Prisoner entitled to attorney fees for settlement relating to the setting of base and adjusted base terms in sentencing of parole eligible life prisoners. 		Criminal Law and Procedure May 18, 2015
Henderson v. U.S.
Court may accommodate felon's request to transfer firearms to friend if it is satisfied felon would not have control over those weapons. 		Criminal Law and Procedure May 18, 2015
U.S. v. Boykin
Drug dealer guilty of selling methamphetamine to confidential source on aiding and abetting theory although he did not personally handle transaction. 		Criminal Law and Procedure May 18, 2015
People v. Cross
Boykin-Tahl warnings, and appraisal of penal consequences, required before criminal defendant stipulates prior felony conviction. 		Criminal Law and Procedure May 18, 2015
Riley v. McDaniel
Jury instruction defining 'deliberation' as part of 'premeditation' violates due process where law at defendant's trial defined deliberation as separate element of first-degree murder. 		Criminal Law and Procedure May 17, 2015
People v. Hall
Probation condition prohibiting probationer from possessing any firearm is sufficiently clear and need not include knowledge requirement to protect against unwitting violations. 		Criminal Law and Procedure May 17, 2015
United States v. Cazares
Reasons given for conducting voir dire in private insufficient to avoid violation of defendants' rights; defendants, however, waived their rights to be present and have a public trial. 		Criminal Law and Procedure May 14, 2015
Her Majesty the Queen in Right of Canada v. United States District Court (Nathan Stoliar)
Canada not entitled to restitution under the Mandatory Victims Restitution Act because the scheme to which defendant pled guilty was different than the one perpetrated against Canada. 		Criminal Law and Procedure May 13, 2015
U.S. v. Brown
Indigent criminal defendant obtains new trial for child pornography-related charges after court improperly denied his motion to fire retained counsel. 		Criminal Law and Procedure May 13, 2015
U.S. v. Gonzalez
Trial court does not abuse discretion when it declines to offer defendant's proposed jury instruction as to specific unanimity, where trial court offers a similar instruction. 		Criminal Law and Procedure May 13, 2015
People v. Denize
Defendant serving a Three Strikes sentence for both a serious and nonserious offense is not entitled to resentencing under the retrospective portion of the Three Strikes Reform Act. 		Criminal Law and Procedure May 13, 2015
People v. Miranda
Voluntary waiver of right to counsel is knowing and intelligent despite later claims of mental health problems, which were not apparent when defendant invoked right to self-representation. 		Criminal Law and Procedure May 13, 2015
People v. Hill
Murder conviction is reversed because jury was not instructed that it was required to decide whether the accused aided and abetted the killer at the time of the victim's death. 		Criminal Law and Procedure May 13, 2015
Comstock v. Humphries
Defendant is entitled to habeas relief where victim's recollection expressed doubt as to whether crime had been committed at all. 		Criminal Law and Procedure May 12, 2015
People v. Covarrubias
Error admitting unrelated, prejudicial personal-tragedy testimony in drunk driving murder trial is nevertheless not prejudicial given overwhelming evidence of defendant's implied malice. 		Criminal Law and Procedure May 12, 2015
People v. Peau
Failure to instruct on heat of passion is harmless error where jury found defendant guilty of first degree murder. 		Criminal Law and Procedure May 10, 2015
U.S. v. Zamudio
Government does not acquire knowledge of deportee's illegal presence in country at time deportee presented invalid green card. 		Criminal Law and Procedure May 7, 2015
People v. Vega-Robles
Drug dealer cannot defeat conspiracy conviction where evidence showed his involvement in distribution of methamphetamine in west Contra Costa County. 		Criminal Law and Procedure May 7, 2015
People v. Vega-Robles
Drug dealer cannot defeat conspiracy conviction where evidence showed his involvement in distribution of methamphetamine in west Contra Costa County. 		Criminal Law and Procedure May 6, 2015
People v. Gana
Excluding involuntary manslaughter instruction is not error; excluding instruction on unconsciousness defense relating to defendant's medical condition and use of cancer medications is harmless error. 		Criminal Law and Procedure May 6, 2015
T.W. v. Superior Court
Petitioner entitled to writ relief where his juvenile plea bargain resulted in a felony conviction that qualifies as a reduced offense under Proposition 47. 		Criminal Law and Procedure May 6, 2015
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