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Name Category Published
People v. Spicer
Prosecution could properly bring murder charge against defendant years after he was convicted of receiving murder victim’s stolen car without implicating double jeopardy under ‘unavailable evidence’ exception. 		Criminal Law and Procedure Apr. 19, 2015
People v. Galvan
Inmate is ineligible for resentencing relief because his crime constituted a ‘serious’ felony although it was not so classified at time of final judgment. 		Criminal Law and Procedure Apr. 16, 2015
People v. Sledge
Third striker denied resentencing relief under Three Strikes Reform Act because he poses danger to society due to his criminal, mental health, and substance abuse history. 		Criminal Law and Procedure Apr. 14, 2015
U.S. v. Mendez-Sosa
Under federal law, enhancement proper when prior offense received criminal points and was a 'crime of violence.' 		Criminal Law and Procedure Apr. 13, 2015
People v. Keith
Drug offender’s sentence for crack cocaine-related offenses is reduced in light of recent changes in the law affecting cocaine. 		Criminal Law and Procedure Apr. 12, 2015
U.S. v. Urrutia-Contreras
Defendant must be resentenced in light of sentencing court’s failure to seek government’s position with respect to revocation sentencing. 		Criminal Law and Procedure Apr. 12, 2015
United States v. Sahagun-Gallegos
Government may not condition motion for third-level reduction on defendant’s agreement to waive appeal rights; error to apply sentencing enhancement when defendant didn't admit elements of qualifying ‘crime of violence.' 		Criminal Law and Procedure Apr. 12, 2015
People v. Rodriguez
Robber properly sentenced for both robbery and evading arrest offenses where latter offense was not merely incidental to commission of robbery. 		Criminal Law and Procedure Apr. 8, 2015
People v. Sedillo
Where jury acquits defendant of premeditation in attempted premeditation murder trial, attempted murder convictions must be dismissed as time-barred. 		Criminal Law and Procedure Apr. 8, 2015
People v. Ford
Man linked to 1981 killing by DNA evidence fails to overturn murder conviction by arguing autopsy report violated confrontation clause. 		Criminal Law and Procedure Apr. 7, 2015
People v. Johnson
Expert testimony of defendant’s paraphilic coercive disorder, along with other evidence, enough to substantiate jury determining him a sexually-violent predator. 		Criminal Law and Procedure Apr. 7, 2015
McMonagle v. Meyer
Order 		Criminal Law and Procedure Apr. 6, 2015
People v. Diaz
Courts not required to sua sponte provide cautionary jury instruction for offense of making criminal threats. 		Criminal Law and Procedure Apr. 6, 2015
People v. Keith
Drug offender’s sentence for crack cocaine-related offenses is reduced in light of recent changes in the law affecting cocaine. 		Criminal Law and Procedure Apr. 6, 2015
People v. Guzman
Prop 47’s definition of ‘unreasonable risk of danger to public safety’ may not be applied to Prop 36 resentencing petitions. 		Criminal Law and Procedure Apr. 5, 2015
U.S. v. Tamman
Application of Broker-Dealer and Special Skill sentence enhancements to attorney’s crimes does not run afoul Sentencing Guideline’s prohibition on double counting. 		Criminal Law and Procedure Apr. 5, 2015
U.S. v. Simmons
Offender’s prior escape conviction in Hawaii does not constitute ‘crime of violence’ under career offender guidelines to warrant sentence enhancement. 		Criminal Law and Procedure Apr. 5, 2015
U.S. v. Richter
Defendant implicitly waives right to give closing argument where his counsel had several meaningful opportunities to request one, but did not. 		Criminal Law and Procedure Apr. 2, 2015
Elmore v. Sinclair
Not unreasonable to reject petitioner’s ineffective assistance of counsel claims where counsel’s decision not to present mental health defense was strategic and petitioner failed to show prejudice on other claims. 		Criminal Law and Procedure Apr. 1, 2015
People v. Huggins
Accomplice and in-custody informant may corroborate each other for purposes of corroboration requirement under California Penal Code. 		Criminal Law and Procedure Apr. 1, 2015
Doe v. Ayers
Counsel’s failure to present compelling mitigating evidence, including defendant’s prison rape, warrants reversal of capital punishment. 		Criminal Law and Procedure Mar. 31, 2015
U.S. v. Fries
Prosecution of man’s use of chlorine bombs, requiring evacuation of entire neighborhood, is within federal government’s prosecutorial authority. 		Criminal Law and Procedure Mar. 30, 2015
U.S. V. Jiminez-Arzate
California conviction under Penal Code Section 245(a)(1) constitutes crime of violence for federal sentencing purposes. 		Criminal Law and Procedure Mar. 30, 2015
United States v. Shaw
Government not required to prove bank was intended financial victim to support bank fraud charge under 18 U.S.C. Section 1344(1). 		Criminal Law and Procedure Mar. 29, 2015
U.S. v. Moe
Meth buyer fails to overturn conspiracy conviction where her year-long dealings with supplier showed more than casual, occasional buyer-seller transaction. 		Criminal Law and Procedure Mar. 29, 2015
Medina v. Chappell
Order 		Criminal Law and Procedure Mar. 26, 2015
United States v. Hymas
Relating to sentencing for mortgage fraud, clear and convincing standard applies when determining losses on counts for which defendant was not convicted. 		Criminal Law and Procedure Mar. 25, 2015
U.S. V. Haischer
Abused ex-girlfriend escapes fraud conviction due to evidentiary errors that prevented her from presenting complete defense. 		Criminal Law and Procedure Mar. 25, 2015
People v. Velasco-Palacios
Prosecuting attorney’s fabrication of interrogation testimony is egregious misconduct that prejudices defendant’s right to counsel; merits dismissal of charges. 		Criminal Law and Procedure Mar. 24, 2015
United States v. Marcia-Acosta
Court errs in including sentencing enhancement under modified categorical approach when it focused on the facts rather than the elements pled to. 		Criminal Law and Procedure Mar. 23, 2015
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