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People v. Lucas
Throat-slashing killer fails to overturn multiple murder convictions and death sentence because joinder of other similar cases did not result in prejudice.
Criminal Law and Procedure Aug. 21, 2014
Mayes v. Premo
Trial court's credit to prosecution’s race-neutral explanations for striking black potential jurors is not objectively unreasonable based on comparative analysis.
Criminal Law and Procedure Aug. 21, 2014
United States v. Cyr
Canadian citizen’s bulk cash smuggling of $132,245 into U.S. properly results in forfeiture of entire amount, where it was likely connected to drug trafficking.
Criminal Law and Procedure Aug. 21, 2014
U.S. v. Gadson
Police officer may offer testimony interpreting content of telephone conversations based on direct knowledge of investigation and persons involved.
Criminal Law and Procedure Aug. 19, 2014
U.S. v. Cisneros
Career criminal’s mandatory 15-years sentence is appropriately based on prior convictions for fleeing or attempting to elude police officers in vehicle.
Criminal Law and Procedure Aug. 19, 2014
Jones v. Taylor
Witness recantations that merely cast doubt on habeas petitioner’s guilt are insufficient to merit habeas relief on his freestanding claim of actual innocence.
Criminal Law and Procedure Aug. 19, 2014
People v. Hubbard
Defendant is not entitled to resentencing under amended recidivist sentencing provisions where one of two commitment convictions was for serious and violent felony.
Criminal Law and Procedure Aug. 19, 2014
People v. Adair
Defendant convicted of annoying child may be required to wait 10 years from discharge before seeking certificate of rehabilitation without violating equal protection.
Criminal Law and Procedure Aug. 19, 2014
People v. Sanchez
Thief’s conviction for grand theft of copper wire is upheld although prosecutor made improper comments regarding his decision not to testify at trial.
Criminal Law and Procedure Aug. 19, 2014
People v. Merriman
Death verdict is upheld where trial court properly joined charges related to capital and noncapital crimes that occurred before murder.
Criminal Law and Procedure Aug. 18, 2014
People v. Shazier
Prosecutor’s suggestion to jurors that they would face contempt from community unless they found defendant to be sexually violent predator does not require reversal.
Criminal Law and Procedure Aug. 18, 2014
Arrendondo v. Neven
Habitual criminal is not entitled to habeas relief where he voluntarily waived right to counsel in light of court’s warnings and his understanding of charges.
Criminal Law and Procedure Aug. 18, 2014
Moore v. Helling
Murderer is not entitled to habeas relief, even if Nevada state court failed to issue jury instruction separately defining ‘willful,’ ‘deliberate’ and ‘premeditated’ killing.
Criminal Law and Procedure Aug. 17, 2014
People v. Banks
Capital defendant's conviction for willful, deliberate and premeditated attempted murder is reduced where court failed to instruct jury on meaning of relevant terms.
Criminal Law and Procedure Aug. 14, 2014
Peopel v. McCurdy
Murderer sentenced to death may not challenge trial court's denial of motion to change venue when he did not renew motion and factors weighed against change.
Criminal Law and Procedure Aug. 14, 2014
People v. Tom
Driver may not benefit from privilege against self-incrimination with respect to postarrest, pre-Miranda silence where it was unclear whether he invoked right to silence.
Criminal Law and Procedure Aug. 14, 2014
U.S. v. Apel
Ninth Circuit upholds district court’s judgment in criminal case in light of U.S. Supreme Court’s 'U.S. v. Apel' decision.
Criminal Law and Procedure Aug. 14, 2014
People v. Deluca
National Guard Armory emergency winter shelter where sex offender frequently stayed is ‘residence’ for purposes of sex offender registration requirement.
Criminal Law and Procedure Aug. 14, 2014
Stanley v. Chappell
Ninth Circuit lacks jurisdiction to hear murderer’s appeal of district court’s stay-and-abeyance order because order did not effectively 'put him out of court.'
Criminal Law and Procedure Aug. 13, 2014
U.S. v. Orozco
Defendant may not invoke right to testify when he initially remained silent, but changed his mind after hearing prosecution’s closing, and failed to offer excuse.
Criminal Law and Procedure Aug. 13, 2014
People v. Ebertowski
Probation conditions may require gang member to provide his passwords to electronic devices and social media websites to allow warrantless searches.
Criminal Law and Procedure Aug. 13, 2014
People v. Superior Court (Johnson)
In fulfilling constitutional duty under ‘Brady’ to disclose exculpatory evidence in criminal cases, prosecutor is entitled to direct access to peace officer personnel files.
Criminal Law and Procedure Aug. 12, 2014
In re Greenshields
Persons who are found not guilty by reason of insanity have right to refuse antipsychotic medications, unless court finds that they are incompetent or dangerous.
Criminal Law and Procedure Aug. 12, 2014
People v. Soto
Inmate is ineligible for resentencing even though part of his sentence, relating to crime where he was armed with firearm, was stayed.
Criminal Law and Procedure Aug. 11, 2014
Steen v. Appellate Division, Superior Court (People)
Court clerk may issue misdemeanor complaint for offense of failure to appear, following prosecutorial agency’s implicit, advance approval of such issuance.
Criminal Law and Procedure Aug. 11, 2014
U.S. v. Mageno
Prosecution’s misstatement of fact during closing argument requires reversal of conspiracy conviction, even where government raised issue itself on appeal.
Criminal Law and Procedure Aug. 11, 2014
People v. Quinones
Inmate is not eligible for resentencing under Three Strikes Reform Act where arming enhancement was found true, but dismissed for sentencing purposes.
Criminal Law and Procedure Aug. 11, 2014
In re Williams
Mentally incompetent man’s continued incarceration in county jail is improper because he could not receive treatment he needed to attain competency while in jail.
Criminal Law and Procedure Aug. 10, 2014
U.S. v. Lopez
Government may convict Mexican citizen for illegally reentering U.S. after being deported, even if it could not produce order of deportation.
Criminal Law and Procedure Aug. 7, 2014
People v. Hernandez
Appointed appellate counsel’s brief may not present 'arguable-but-unmeritorious' issues for consideration by appellate court.
Criminal Law and Procedure Aug. 6, 2014