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In re Hansen
Man upends second-degree felony-murder conviction based on shooting at inhabited building because shooting ‘merged’ with resulting homicide.
Criminal Law and Procedure Jul. 7, 2014
People v. Rivera
Trial court must accept appeal of restitution order, because defense attorney’s failure to file separate appeal of order on time amounted to ineffective assistance.
Criminal Law and Procedure Jul. 6, 2014
U.S. v. Lopez-Chavez
Mexican citizen charged with illegal reentry shows removal order was unfair due to counsel’s failure to challenge ruling that marijuana possession conviction is aggravated felony.
Criminal Law and Procedure Jul. 6, 2014
K.K. v. District Court (Puana)
Mailbox theft victim must comply with suspect’s request for documents related to crime, subject to district court’s limitations following review.
Criminal Law and Procedure Jul. 2, 2014
U.S. v. Lizarraga-Carrizales
Drug offender’s criminal history renders him ineligible for ‘safety valve’ relief from mandatory 10-year minimum sentence for importing 7.25 kilograms of heroin.
Criminal Law and Procedure Jul. 2, 2014
People v. Williams
Gang member who received life sentence under Three Strikes law should receive 15-year minimum parole eligibility term, instead of 10-year gang enhancements.
Criminal Law and Procedure Jul. 1, 2014
People v. Campbell
Trial court should have instructed jury on lesser-included offenses in murder trial based on accusatory pleading and evidence that lesser offense was committed.
Criminal Law and Procedure Jul. 1, 2014
People v. Avila
Child murderer’s conviction and death sentence are upheld because trial court properly declined to change venue where publicity dissipated by time of trial.
Criminal Law and Procedure Jun. 30, 2014
People v. Sattiewhite
Capital defendant, who admitted to shooting woman three times in the head, is not entitled to competency trial where there was no evidence of incompetence.
Criminal Law and Procedure Jun. 30, 2014
U.S. v. Tillman
District court’s order improperly sanctions defense attorney, who highlighted delay in payment of Criminal Justice Act vouchers, without giving him opportunity to be heard.
Criminal Law and Procedure Jun. 30, 2014
People v. Smith
Sex offender, who successfully completed probation, may move to dismiss his pre-1997 sex offenses, which were not disqualified from dismissal by Penal Code amendments.
Criminal Law and Procedure Jun. 30, 2014
People v. Iraheta
Trial court’s failure to instruct jury on imperfect self-defense in case where defendant fired into an occupied motor vehicle does not warrant new trial.
Criminal Law and Procedure Jun. 29, 2014
Riley v. California
Police may not search digital information on cellphones seized from arrestees without warrant because government's interests do not justify them.
Criminal Law and Procedure Jun. 25, 2014
People v. Elder
Three-year ‘great bodily injury’ sentence increase is appropriate in case where victim of kidnapping and robbery dislocated finger during struggle with perpetrator.
Criminal Law and Procedure Jun. 25, 2014
People v. Brown
California's ban on shotguns with an overall length of less than 26 inches, or short-barreled shotguns, does not violate Second Amendment.
Criminal Law and Procedure Jun. 25, 2014
Butler v. Long
Prisoner may pursue second federal habeas petition, despite missing one-year statute of limitations, because district court mistakenly dismissed his first petition.
Criminal Law and Procedure Jun. 24, 2014
U.S. v. Torres Pimental
Four-day delay in presenting suspect to magistrate judge renders ensuing confession to drug importation charge inadmissible and his conviction invalid.
Criminal Law and Procedure Jun. 24, 2014
U.S. v. Shouse
District court properly imposes sentencing enhancement on child pornography producer for creating material that involved ‘sadistic or masochistic conduct.’
Criminal Law and Procedure Jun. 24, 2014
People v. Carter
Trial court incorrectly denies motion for new trial, given that judge repeatedly stated he was unconvinced defendant robbed bank based on wife's alibi.
Criminal Law and Procedure Jun. 24, 2014
People v. Diaz
Drunken driver must be retried for murder after jury was shown highly emotional videos regarding alcohol-related driving offenses.
Criminal Law and Procedure Jun. 24, 2014
People v. Robinson
Beauty salon worker commits sexual battery by fraud against victims he duped into believing massage was legitimate, but not against those who balked at his actions.
Criminal Law and Procedure Jun. 24, 2014
People v. Itehua
Man whose stalking of married woman involved pattern of implied threats of violence against her meets criteria for commitment as mentally disordered offender.
Criminal Law and Procedure Jun. 24, 2014
Loughrin v. United States
Government does not need to prove man who forged stolen checks intended to defraud financial institutions to convict him under federal bank fraud statute.
Criminal Law and Procedure Jun. 23, 2014
People v. Delarosarauda
Trial court may not issue protective order prohibiting father from contacting children, despite domestic violence against mother, because he did not hurt them.
Criminal Law and Procedure Jun. 22, 2014
In re Champion
Capital murderer is not entitled to habeas relief from conviction, despite trial attorney’s failure to present evidence against involvement in other crimes.
Criminal Law and Procedure Jun. 19, 2014
U.S. v. Rodriguez
District court properly excludes evidence of prison’s medical negligence at trial of men, who fatally stabbed another inmate, because such negligence was foreseeable.
Criminal Law and Procedure Jun. 19, 2014
U.S. v. Richardson
Congress properly delegates authority to Attorney General to determine applicability of SORNA’s registration requirements to pre-SORNA sex offenders.
Criminal Law and Procedure Jun. 19, 2014
U.S. v. Sardariani
Court properly applies two-level sentencing increase to fraudster’s sentence due to his use of forged signatures and notary seals that qualified as ‘authentication features.’
Criminal Law and Procedure Jun. 19, 2014
U.S. v. Aguilera-Rios
Deported Mexican citizen overturns illegal reentry conviction because his prior California firearms possession conviction was not a deportable offense to begin with.
Criminal Law and Procedure Jun. 18, 2014
People v. Machado
Court may not automatically deny petition for resentencing under Three Strikes Reform Act when commitment offenses included violent and nonviolent felonies.
Criminal Law and Procedure Jun. 18, 2014