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People v. Dawkins
Trial court properly admits 9-1-1 recording about ongoing burglary made by anonymous caller based on deputy’s testimony regarding recording’s authenticity.
Criminal Law and Procedure Oct. 22, 2014
U.S. v. Vera
District court’s failure to admonish jury regarding officer’s dual roles as lay and expert witness warrants resentencing of defendants' drug convictions.
Criminal Law and Procedure Oct. 22, 2014
U.S. v. Bell
Right to counsel is not violated where self-represented defendant had opportunity to make closing argument, even though court did not prompt him to make one.
Criminal Law and Procedure Oct. 22, 2014
Wofford v. Superior Court (People)
Mandatory supervision releasees are eligible to apply for transfers of their supervision to another state pursuant to the Interstate Compact for Adult Offender Supervision.
Criminal Law and Procedure Oct. 22, 2014
People v. Mullendore
Pedestrian upends felony conviction for striking driver’s windshield with backpack because jury should have heard about lesser included misdemeanor offense.
Criminal Law and Procedure Oct. 21, 2014
People v. Whitmer
Dealership manager who arranged for fraudulent sale of 20 motorcycles fails to overturn grand theft of automobile convictions, although motorcycle is not ‘automobile.’
Criminal Law and Procedure Oct. 21, 2014
People v. Gonzalez
Defendant may be convicted of oral copulation of unconscious person and oral copulation of intoxicated person, although both convictions were based on same act.
Criminal Law and Procedure Oct. 20, 2014
U.S. v. Hernandez
Defendant’s prior state conviction for being felon in possession of firearm may not be used for purposes of federal sentencing enhancement in illegal reentry case.
Criminal Law and Procedure Oct. 20, 2014
People v. Garcia
Inmate with nonstop criminal history fails to overturn Three Strikes Reform Act’s ‘unreasonable risk of danger to public safety’ provision as unconstitutionally vague.
Criminal Law and Procedure Oct. 16, 2014
People v. Brimmer
Prisoner serving indeterminate life sentence under Three Strikes law is ineligible for resentencing when armed with firearm during commission of possession of firearm offense.
Criminal Law and Procedure Oct. 16, 2014
People v. Blakely
Attacker cannot prove he was insane while robbing victim he believed was a demon because he needed to offer evidence that he did not know right from wrong.
Criminal Law and Procedure Oct. 16, 2014
Williams v. Superior Court (People)
In parole revocation proceedings, Orange County must provide a probable cause hearing within 15 days of arrest and allow parolees to present evidence.
Criminal Law and Procedure Oct. 15, 2014
People v. Lind
60-day time limit to hold preliminary hearing after defendant enters plea is tolled when defendant files motion to disqualify judge.
Criminal Law and Procedure Oct. 15, 2014
People v. Gjersvold
Jury must find ex-convict did not have ‘informed consent’ when he entered prison grounds in order to convict him of unauthorized entry onto grounds.
Criminal Law and Procedure Oct. 15, 2014
Litmon v. Harris
California law requiring sexually violent predators to verify personal information at local police station every 90 days does not violate equal protection rights.
Criminal Law and Procedure Oct. 14, 2014
People v. Archer
Offender may not withdraw plea based on trial court’s alleged miscalculation of his maximum prison term based on charges arising from one crime spree.
Criminal Law and Procedure Oct. 14, 2014
People v. Tubbs
Trial court improperly strikes requirement that resentenced offender be subject to postrelease community supervision, as mandated under Three Strikes Reform Act.
Criminal Law and Procedure Oct. 13, 2014
Opinion of Harris (09-308)
Courts that receive funds from former probationers for payment of statutory fines and fees must first allocate funds toward unpaid victim restitution.
Criminal Law and Procedure Oct. 12, 2014
People v. Accredited Surety Casualty Co.
Surety’s delay in seeking relief from bond forfeiture is unreasonably based on belief that defendant would be returned to county despite outstanding warrants elsewhere.
Criminal Law and Procedure Oct. 12, 2014
People v. Evans
Police exceed scope of private search by computer repairman in violation of Fourth Amendment by taking files and viewing videos not viewed by repairman.
Criminal Law and Procedure Oct. 12, 2014
People v. Batchelor
Driver’s murder conviction is overturned because he was entitled to have second jury informed of vehicular manslaughter conviction in earlier, related trial.
Criminal Law and Procedure Oct. 9, 2014
U.S. v. Renzi
Former Arizona Congressman who ran insurance agency commits insurance fraud by sending misleading letters to clients and regulators to conceal diverted campaign funds.
Criminal Law and Procedure Oct. 9, 2014
People v. Clark
Police have no duty to investigate whether suspect may be cultivating marijuana legally under the Compassionate Use Act prior to obtaining search warrant.
Criminal Law and Procedure Oct. 9, 2014
People v. Rinehart
Gold prospector’s conviction for violating California’s mining permit requirement is overturned because federal mining laws possibly preempted state laws at issue.
Criminal Law and Procedure Oct. 8, 2014
Clark v. Arnold
Counsel for defendant convicted of murder is not ineffective due to failure to preserve issue of defendant’s mental disorder, when law on issue was unclear.
Criminal Law and Procedure Oct. 8, 2014
U.S. v. Heredia
Mexican citizen is entitled to resentencing of illegal reentry conviction because prosecutor breached fast-track plea deal by advocating harsher sentence than stipulated.
Criminal Law and Procedure Oct. 8, 2014
Trillo v. Biter
Man is not entitled to habeas relief from second-degree murder conviction due to prosecutor’s inappropriate comments about witness inconsistencies and ‘lame’ story.
Criminal Law and Procedure Oct. 6, 2014
People v. Vaughn
Defendant unlawfully transfers firearm to police informant, even though he did not know informant was an unlicensed firearms dealer.
Criminal Law and Procedure Oct. 6, 2014
Lopez v. Smith
Ninth Circuit cannot rely on its own precedent in ruling it was clearly established that murderer was ambushed with new theory of liability at trial.
Criminal Law and Procedure Oct. 6, 2014
People v. Jones
Murderer may not reduce first-degree murder conviction where information was silent and jury did not make separate finding as to degree.
Criminal Law and Procedure Oct. 6, 2014