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People v. Osorio
Particularly in the context of slight parole violations, defendant's demurrer to parole revocation petition should be sustained where such petition fails to show reason as to why intermediate measure do not suffice. 		Criminal Law and Procedure May 6, 2015
Patterson v. Wagner
Time lapse provision under extradition treaty between U.S. and South Korea does not impose mandatory bar to man's extradition for 1997 murder. 		Criminal Law and Procedure May 4, 2015
Patterson v. Wagner
Time lapse provision under extradition treaty between U.S. and South Korea does not impose mandatory bar to man's extradition for 1997 murder. 		Criminal Law and Procedure May 4, 2015
People v. Lopez
'Unreasonable risk of danger' finding, as part of section 1170.126 resentencing review, does not invoke Sixth Amendment; need not be submitted to jury or proven beyond reasonable doubt. 		Criminal Law and Procedure May 4, 2015
People v. Vega
Gang participation conviction related to killing of rival gang member is overturned because offender acted alone. 		Criminal Law and Procedure May 3, 2015
U.S. v. Gardenhire
District court's application of recklessness enhancement in the absence of 'clear and convincing' evidence dilutes mens rea requirement and is overturned. 		Criminal Law and Procedure Apr. 30, 2015
People v. Vizcarra
Collateral estoppel bars relitigation of defendant's argument on appeal and modified sentence that corrects the imposition of an unauthorized sentence must be affirmed. 		Criminal Law and Procedure Apr. 30, 2015
People v. Kopatz
Father who murdered his wife and child for financial gain fails to overturn death verdict. 		Criminal Law and Procedure Apr. 30, 2015
People v. Jackio
Where defendant seeking to waive his right to counsel during trial is advised of the maximum possible penalty, court is not also required to set forth the range of possible punishments defendant may face upon conviction 		Criminal Law and Procedure Apr. 30, 2015
People v. Rusconi
High court ruling in <EM>People v. Vargas</EM> does not aid third-striker who killed multiple victims in 1986 drunk driving accident. 		Criminal Law and Procedure Apr. 29, 2015
People v. Cook
In accordance with recent California Supreme Court ruling, sentence enhancements for great bodily harm in manslaughter case are reversed. 		Criminal Law and Procedure Apr. 29, 2015
People v. Delacerda
Simple kidnapping conviction must be reversed where jury is not instructed to consider whether defendant's movement of victim was incidental to the commission of other crimes. 		Criminal Law and Procedure Apr. 29, 2015
In re Anthony
Appeal must be dismissed where court lacks jurisdiction over prosecution's appeal of order finding defendant factually innocent. 		Criminal Law and Procedure Apr. 28, 2015
Luna v. Kernan
Counsel's erroneous dismissal of federal habeas petition and misleading assurances constitute extraordinary circumstance that may entitle prisoner to equitable tolling under AEDPA. 		Criminal Law and Procedure Apr. 28, 2015
U.S. v. Torralba-Mendia
Though district court's failure to instruct jury as to federal agent's dual role as expert and lay witness was plain error, said error was not prejudicial as two varieties of testimony were discrete. 		Criminal Law and Procedure Apr. 28, 2015
People v. Smith
Exclusion of expert testimony to rebut prosecution’s claim that defendant would be a violent prisoner is a violation of due process. 		Criminal Law and Procedure Apr. 27, 2015
U.S v. Bonds
Insufficient evidence warrants reversal of former baseball player’s obstruction of justice conviction. 		Criminal Law and Procedure Apr. 23, 2015
People v. Sasser
Five year enhancement applies to second-strike defendant’s entire sentence containing determinate terms rather than to each offense. 		Criminal Law and Procedure Apr. 23, 2015
People v. Brothers
Sua sponte jury instruction on lesser included offense of involuntary manslaughter not required where evidence supporting that crime was not ‘substantial.’ 		Criminal Law and Procedure Apr. 22, 2015
County of Los Angeles v. Financial Casualty & Surety Inc.
Motion to vacate forfeiture should have been decided by court; permanent disability as basis to vacate forfeiture must be decided on remand. 		Criminal Law and Procedure Apr. 22, 2015
People v. Lloyd
Man’s assault conviction overturned due to trial court’s failure to advise defendant of all his ‘Boykin-Tahl’ rights and obtain express waivers thereof. 		Criminal Law and Procedure Apr. 22, 2015
Pizzuto v. Ramirez
Petitioner’s Rule 60 motion properly denied where claims are either not ineffective assistance of counsel claims or are unsupported by the evidence. 		Criminal Law and Procedure Apr. 22, 2015
Rodriguez v. U.S.
Dog sniff conducted following completion of a traffic stop violates Fourth Amendment’s prohibition against unreasonable seizures. 		Criminal Law and Procedure Apr. 21, 2015
United States v. Walls
Court did not err in providing jury with instruction under the TVPA relating to the affect of sex trafficking activities on interstate commerce. 		Criminal Law and Procedure Apr. 21, 2015
U.S. v. Alvarez-Ulloa
Former boxer unsuccessfully challenges supplemental jury instruction on insanity defense because instruction was not impermissibly coercive. 		Criminal Law and Procedure Apr. 21, 2015
United States v. Hornbuckle
Two-level enhancements appropriate due to undue influence and actual commission of sex acts by minors. 		Criminal Law and Procedure Apr. 21, 2015
People v. Shamblin
Manner in which murderer killed his victim—by manual strangulation—is sufficient evidence of premeditation and deliberation. 		Criminal Law and Procedure Apr. 21, 2015
People v. Sek
Court should not give ‘legally erroneous and misleading’ CALJIC No. 8.66.1 to jury, or impose indeterminate life sentences when information did not allege attempted murders were willful, deliberate and premeditated. 		Criminal Law and Procedure Apr. 20, 2015
People v. Berry
Dismissed firearm count cannot be used to determine inmate’s eligibility for resentencing under California Penal Code Section 1170.126. 		Criminal Law and Procedure Apr. 20, 2015
People v. Osorio
Particularly in the context of slight parole violations, defendant’s demurrer to parole revocation petition should be sustained where such petition fails to show reason as to why intermediate measure do not suffice. 		Criminal Law and Procedure Apr. 20, 2015
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