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People v. Carrasco
Defendant in death penalty case is not entitled to second counsel where first counsel was retained and not ‘appointed.’ 		Criminal Law and Procedure Aug. 5, 2014
People v. Hojnowski
Inmate who was convicted of three counts of battery by gassing while in prison is required to serve consecutive terms on all three counts. 		Criminal Law and Procedure Aug. 5, 2014
U.S. v. Hernandez-Arias
Mexican citizen, who had temporary resident status in U.S., illegally attempts to reenter country because his status was revoked by prior conviction. 		Criminal Law and Procedure Aug. 5, 2014
People v. Capistrano
Trial court properly excuses prospective jurors who unequivocally stated that they would be unable to impose death penalty regardless of the evidence. 		Criminal Law and Procedure Aug. 4, 2014
U.S. v. Carr
Getaway driver and gun-toting robber also commits ‘forced accompaniment’ although their partner was the only person involved in shoving match during bank robbery. 		Criminal Law and Procedure Aug. 4, 2014
People v. Hensley
Death penalty judgment is reversed because juror engaged in prejudicial misconduct by consulting with pastor regarding penalty phase while wrestling with decision. 		Criminal Law and Procedure Jul. 31, 2014
U.S. v. Stewart
District court properly sentences GHB distributor as a career offender based on two prior state felony drug convictions, and despite low drug purity. 		Criminal Law and Procedure Jul. 31, 2014
U.S. v. Parker
U.S. Forest Service has jurisdiction over activities that affect, threaten, or endanger Forest Service property, even if occurring on county road with easement. 		Criminal Law and Procedure Jul. 31, 2014
U.S. v. Edwards
Officers have reasonable suspicion to stop man who matched anonymous caller's description of shooter and may point guns at him without turning stop into arrest. 		Criminal Law and Procedure Jul. 31, 2014
People v. Guilford
Trial court may rely on appellate court’s opinion regarding defendant’s convictions in finding him ineligible for resentencing under Three Strikes Reform Act. 		Criminal Law and Procedure Jul. 31, 2014
U.S. v. Reyes-Solosa
District court may continue post-revocation sentence for three weeks until supervised releasee receives sentence in illegal reentry case to consider breach of trust. 		Criminal Law and Procedure Jul. 30, 2014
People v. London
Marijuana grower’s cannabis expert may not testify that cultivation was lawful when he knew nothing about collective and operations vary greatly. 		Criminal Law and Procedure Jul. 30, 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 Jul. 29, 2014
U.S. v. Hurtado
Defendant who smuggled 11.64 kilograms of cocaine into U.S. is not entitled to ‘minor role’ sentence reduction, even if other participants had above-average culpability. 		Criminal Law and Procedure Jul. 29, 2014
People v. Leonard
Pimp is guilty of aiding and abetting assault by using his wheelchair to block prostitute from escaping in her vehicle to facilitate mob’s severe beating. 		Criminal Law and Procedure Jul. 29, 2014
U.S. v. Gowadia
Statements made by engineer, who leaked classified information, during interviews before arrest are admissible where time between confession and arrest was reasonable. 		Criminal Law and Procedure Jul. 28, 2014
U.S. v. Szabo
Veterans Affairs medical center patient, who was convicted of causing disturbance at facility, must bring overbreadth challenge to regulation in Federal Circuit. 		Criminal Law and Procedure Jul. 28, 2014
U.S. v. Valdez-Novoa
Mexican citizen may not overturn conviction for attempting to enter U.S. without consent by arguing immigration judge did not tell him he was eligible for voluntary departure. 		Criminal Law and Procedure Jul. 28, 2014
People v. Castillo
Defense counsel's incorrect advice on maximum sentence does not prejudice defendant, who hoped to win motion regarding informants, instead of making lower offer. 		Criminal Law and Procedure Jul. 28, 2014
People v. Redd
Inmate’s alleged conspiracy with prison cook to smuggle cell phones and tobacco into prison does not justify conviction for obstruction of justice. 		Criminal Law and Procedure Jul. 28, 2014
Lowe v. Superior Court (People)
Trial court may use facts from jury trial of felon convicted of possessing firearm in finding him ineligible for Three Strikes resentencing, despite reversal of other charges. 		Criminal Law and Procedure Jul. 27, 2014
McDaniels v. Kirkland
California appellate court has no duty to augment record to allow for comparative juror analysis when analyzing whether prosecutor excluded African-American jurors based on race. 		Criminal Law and Procedure Jul. 27, 2014
Fong v. Ryan
Prosecutor’s use of detective’s allegedly false testimony regarding identity of suspect obtained from informant does not require reversal of murder convictions. 		Criminal Law and Procedure Jul. 27, 2014
People v. Elder
Inmate may not recall indeterminate life sentence, given that he was considered 'armed' when he committed offense of unlawful gun possession while being a felon. 		Criminal Law and Procedure Jul. 27, 2014
People v. Catalan
After felon violated terms of mandatory supervision for first time by opening checking account without permission, court properly adds 550 days to county jail sentence. 		Criminal Law and Procedure Jul. 24, 2014
People v. Boyce
Capital defendant is entitled to resentencing on aspect of determinate sentence where trial court imposed upper term on robbery count without true finding by jury. 		Criminal Law and Procedure Jul. 24, 2014
People v. Shapiro
California man may be convicted of contacting 16-year-old victim on Internet to commit sex crime when victim was in Indiana, where age of consent is 16. 		Criminal Law and Procedure Jul. 24, 2014
People v. Sweeney
Operators of online business engage in unlawful ‘endless chain scheme’ by selling memberships with promises of compensation based on recruitment of new members. 		Criminal Law and Procedure Jul. 24, 2014
People v. Whitmer
Defendants may be convicted of many grand theft counts based on separate and distinct acts of theft committed pursuant to single overarching scheme. 		Criminal Law and Procedure Jul. 24, 2014
U.S. v. Kiefer
Application of two-level sentence increase for use of computer does not result in double counting where defendant was convicted for receiving child pornography. 		Criminal Law and Procedure Jul. 24, 2014
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