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People v. Toure
Exigent circumstances allow for warrantless, non-consensual blood draw of resistant drunk driver, but sentence exceeds limit. 		Criminal Law and Procedure Jan. 7, 2015
People v. Superior Court (Burton)
Trial court cannot postpone prisoner’s Proposition 36 resentencing petition to later reconsider prisoner’s dangerousness and eligibility for relief. 		Criminal Law and Procedure Jan. 7, 2015
People v. Solis
Convictions for uncharged but related, lesser offenses may stem from one charged offense. 		Criminal Law and Procedure Jan. 7, 2015
People v. Superior Court (Williams)
Trial court cannot postpone prisoner’s Proposition 36 resentencing petition to later reconsider prisoner’s dangerousness and eligibility for relief. 		Criminal Law and Procedure Jan. 7, 2015
Hudec v. Superior Court (People)
Respondent may not be compelled to testify at trial for extension of his not-guilty-by-reason-of-insanity commitment. 		Criminal Law and Procedure Jan. 6, 2015
People v. Grimes
Exclusion of accomplice’s statements regarding defendant’s lack of participation in killing does not warrant reversal of felony murder death sentence. 		Criminal Law and Procedure Jan. 6, 2015
People v. Aparicio
Abuse of discretion deemed appropriate standard in denial of Proposition 36 resentencing. 		Criminal Law and Procedure Jan. 6, 2015
U.S. v. Gladding
After prosecution, government bears burden of proof in property return disputes. 		Criminal Law and Procedure Jan. 5, 2015
U.S. v. Gnirke
Sentencing court may not restrict offender’s access to non-pornographic depictions of adult sexual conduct as condition of supervised release. 		Criminal Law and Procedure Jan. 5, 2015
Mann v. Ryan
Prisoner is entitled to habeas relief where state court applied wrong standard in assessing prejudice due to counsel’s allegedly defective performance during sentencing. 		Criminal Law and Procedure Dec. 30, 2014
People v. Franco
Trial court may, but is not required to, obtain supplemental probation report in determining whether resentencing inmate would pose danger to public safety. 		Criminal Law and Procedure Dec. 24, 2014
People v. Losa
Trial court properly denies third strike offender’s resentencing petition because equal protection does not require proof beyond reasonable doubt on dangerousness. 		Criminal Law and Procedure Dec. 23, 2014
U.S. v. Alvarado-Pineda
Noncitizen is ineligible for removal relief because theft conviction in Washington, coupled with 14-month sentence, constitutes aggravated felony. 		Criminal Law and Procedure Dec. 22, 2014
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 Dec. 19, 2014
People v. Payne
Three strikes offender’s resentencing petition is properly denied because preponderance of evidence showed he posed unreasonable risk of danger to public. 		Criminal Law and Procedure Dec. 19, 2014
People v. Valencia
Three strikes offender is not entitled to resentencing relief because new definition of ‘unreasonable risk of danger to public safety’ does not apply to him. 		Criminal Law and Procedure Dec. 18, 2014
Heien v. North Carolina
Traffic stop does not violate Fourth Amendment although officer erroneously thought driver broke law for having only one working brake light. 		Criminal Law and Procedure Dec. 16, 2014
U.S. v. Garcia-Santana
Using contemporary sources methodology, conspiracy to commit burglary does not constitute aggravated felony that would render petitioner ineligible for removal relief. 		Criminal Law and Procedure Dec. 16, 2014
U.S. v. Reves
Court lacks jurisdiction over petitioner’s motion to vacate sentence where motion was filed day after probation ended because petitioner was no longer in custody. 		Criminal Law and Procedure Dec. 16, 2014
People v. Mason
Felon’s possession of firearm on four specified dates only supports conviction of single offense because his possession was continuous throughout those dates. 		Criminal Law and Procedure Dec. 16, 2014
People v. Walker
Drunk driver must pay restitution to all named and unnamed victims in eight-car accident that was treated as single incident. 		Criminal Law and Procedure Dec. 15, 2014
People v. Superior Court (Ward)
Trial court erroneously finds that offender’s flash incarcerations did not constitute custodial sanctions for purposes of his eligibility for early release from supervision. 		Criminal Law and Procedure Dec. 15, 2014
Packer v. Superior Court (People)
Trial court errs in failing to hold evidentiary hearing on recusal motion to resolve dispute related to defendant’s relationship with prosecutor’s children, warranting reversal. 		Criminal Law and Procedure Dec. 12, 2014
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 Dec. 12, 2014
U.S. v. Camou
Warrantless search of arrestee’s cell phone is unconstitutional because it occurred more than one hour after arrest and intervening acts made search unreasonable. 		Criminal Law and Procedure Dec. 12, 2014
People v. Sanchez
Juvenile offender’s life sentence without parole is overturned in light of recent U.S. and California Supreme Court decisions requiring consideration of ‘attributes of youth’ during sentencing. 		Criminal Law and Procedure Dec. 12, 2014
People v. Gonzalez
Gang member who flashed gang signs, gun fingers, and throat slashing gestures at off-duty officers may be prosecuted for criminal threats. 		Criminal Law and Procedure Dec. 11, 2014
Maas v. Superior Court (People)
Habeas corpus petitioner has absolute right to peremptory challenge judge assigned to his case, whom petitioner claimed was biased against him. 		Criminal Law and Procedure Dec. 11, 2014
People v. Rahbari
Businessman may escape paying entire $100,300 in restitution where trial court imposed split sentence on his conviction for passing checks with insufficient funds. 		Criminal Law and Procedure Dec. 11, 2014
People v. Murillo
Mistrial in murder case must be granted when witness refused to answer over 100 leading questions by prosecutor about his out-of-court statements identifying shooter. 		Criminal Law and Procedure Dec. 9, 2014
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