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U.S. v. Ortiz
Probation officer’s familiarity with defendant’s voice enough to admit her testimony identifying defendant on intercepted phone calls, though calls were in Spanish and officer and defendant had spoken in English.
Criminal Law and Procedure Jan. 26, 2015
Sessoms v. Grounds
Suspect raises right to counsel by clearly articulating desire to have counsel present, when he told police that his father advised him to ask police to give him lawyer.
Criminal Law and Procedure Jan. 26, 2015
In re Wilson
Juvenile homicide offender’s life without parole sentence overturned in light of U.S. Supreme Court’s ‘Miller v. Alabama’ decision.
Criminal Law and Procedure Jan. 23, 2015
People v. Armogeda
Postrelease Community Supervision Act of 2011 unconstitutionally amended voter-passed Proposition 36.
Criminal Law and Procedure Jan. 22, 2015
People v. Camp
Trial court may revoke mandatory supervision portion of offender’s hybrid sentence to permit his deportation.
Criminal Law and Procedure Jan. 22, 2015
Christeson v. Roper
Death row inmate entitled to assistance from conflict-free counsel in federal habeas petition to argue equitable tolling of AEDPA claim.
Criminal Law and Procedure Jan. 21, 2015
People v. Givan
Mistake of fact jury instruction unnecessary at gross-vehicular-manslaughter-while-intoxicated trial, as defendant’s subjective belief would not negate any element of crime.
Criminal Law and Procedure Jan. 21, 2015
People v. Campbell
Instructional errors that gave jurors all-or-nothing choice prejudiced defendants, warranting reversal of felony murder convictions.
Criminal Law and Procedure Jan. 20, 2015
People v. Orlosky
Informality of arrangement between joint marijuana growers does not preclude collective cultivation defense.
Criminal Law and Procedure Jan. 20, 2015
People v. Alexander
Uncooperative drug offender bore sole responsibility for 16-month jail sentence by refusing to hold up his end of plea bargain.
Criminal Law and Procedure Jan. 20, 2015
People v. Mackey
Warrantless use of GPS tracking device does not require evidence suppression notwithstanding U.S. Supreme Court’s subsequent prohibition of such use.
Criminal Law and Procedure Jan. 16, 2015
U.S. v. Hertler
Court upholds defendant’s 20-month term of supervised release despite defendant’s argument that he could be sentenced to no more than nine.
Criminal Law and Procedure Jan. 16, 2015
People v. Mulcrevy
Concentrated cannabis is "marijuana," under Compassionate Use Act, and such an affirmative defense should not be excluded.
Criminal Law and Procedure Jan. 16, 2015
People v. Gonzales
Conviction for permitting another to carry loaded firearm in vehicle requires proof of knowledge that firearm was loaded.
Criminal Law and Procedure Jan. 15, 2015
Jennings v. Stephens
Appellee granted habeas corpus relief is not required to cross-appeal for Fifth Circuit to consider theory that was rejected by district court.
Criminal Law and Procedure Jan. 15, 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 Jan. 15, 2015
Whitfield v. U.S.
Robber receives enhanced sentence for forced-accompaniment robbery although victim only took few steps.
Criminal Law and Procedure Jan. 14, 2015
U.S. v. Dibe
Ineffective-assistance-of-counsel claim is not mitigating factor courts may consider at sentencing.
Criminal Law and Procedure Jan. 14, 2015
In re Young
Inmate is entitled to immediate parole where Board of Parole Hearings twice arbitrarily denied him parole.
Criminal Law and Procedure Jan. 14, 2015
People v. Hernandez
Juvenile offender’s sentence of 61 years to life constitutes cruel and unusual punishment despite new law allowing him to seek parole within his lifetime.
Criminal Law and Procedure Jan. 14, 2015
People v. Aparicio
Abuse of discretion deemed appropriate standard in denial of Proposition 36 resentencing.
Criminal Law and Procedure Jan. 13, 2015
People v. Trujillo
Defendant forfeits appeal of presentence investigation fee and probation supervision fee for failure to object in trial court.
Criminal Law and Procedure Jan. 13, 2015
People v. Aguilar
Defendant forfeits appeal over presentence investigation, probation supervision, and attorneys’ fees for failure to object in trial court.
Criminal Law and Procedure Jan. 13, 2015
U.S. v. Neal
Inmate’s prison stay extended after conviction on attempt to file retaliatory false liens against prison officials.
Criminal Law and Procedure Jan. 13, 2015
U.S. v. Jimenez-Arzate
California conviction under Penal Code Section 245(a)(1) constitutes crime of violence for federal sentencing purposes.
Criminal Law and Procedure Jan. 13, 2015
People v. Noyan
Sentencing scheme applicable to persons bringing contraband to custodial facility violates equal protection because it imposed unequal sentence depending on type of contraband.
Criminal Law and Procedure Jan. 13, 2015
United States v. Rodman
Machine gun seller who agrees to and does submit required ATF forms using false information commits conspiracy to defraud the government.
Criminal Law and Procedure Jan. 12, 2015
People v. Anderson
Jury instruction on collective/cooperative defense to marijuana cultivation charge must explain that exchange of marijuana for money between collective members is not necessarily unlawful.
Criminal Law and Procedure Jan. 12, 2015
People v. Rekte
Driver dodges red light camera ticket by undermining camera system’s reliability.
Criminal Law and Procedure Jan. 9, 2015
People v. Superior Court (Jalalipour)
Trial court judge may not reduce "wobbler" felony charges to misdemeanors after preliminary hearing but before offender's guilty pleas.
Criminal Law and Procedure Jan. 8, 2015