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U.S. v. Jackson
Marine Corps maintenance worker’s conviction for manufacture of federal identification card is inappropriate, given that government did not prescribe card’s design.
Criminal Law and Procedure Jun. 18, 2014
People v. Aguilar
Lawful resident fails to vacate conviction for felony firearm possession based on his attorney's alleged failure to advise him of the immigration consequences of his plea.
Criminal Law and Procedure Jun. 18, 2014
Abramski v. U.S.
Former police officer may not avoid conviction for acting as ‘straw buyer’ by falsely indicating he was actual gun buyer, although gun was for his uncle.
Criminal Law and Procedure Jun. 17, 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 Jun. 17, 2014
People v. Espinoza
Three strikes offender still must participate in post-release community supervision, although he was resentenced and released after serving more than 15 years.
Criminal Law and Procedure Jun. 17, 2014
People v. Davis
Homeless man who was convicted of burglary cannot appeal trial court’s decision to seal police officer’s records 12 years later in connection with different matter.
Criminal Law and Procedure Jun. 16, 2014
U.S. v. Quintero-Junco
Although district court misapplied approach for determining whether Arizona sex offense was a crime of violence, defendant’s sentence increase remains intact.
Criminal Law and Procedure Jun. 13, 2014
Dixon v. Williams
Trial court incorrectly instructs jury that honest but reasonable, instead of unreasonable, belief in need for self-defense may not reduce murder to manslaughter.
Criminal Law and Procedure Jun. 12, 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 Jun. 9, 2014
People v. Martinez (E057976)
Hit-and-run driver does not have to pay $425,655 in victim restitution because he never pleaded guilty to causing accident that resulted in victim’s traumatic brain injury.
Criminal Law and Procedure Jun. 9, 2014
People v. Martinez (H039398)
Drug dealer convicted of manslaughter after woman died of drug overdose may be subject to great bodily injury enhancement in connection with drug offenses.
Criminal Law and Procedure Jun. 9, 2014
People v. Debose
Death penalty is upheld for man who murdered woman by following her out of casino and burning her car, despite improper arson-murder special circumstance.
Criminal Law and Procedure Jun. 6, 2014
People v. Goldsmith
Traffic camera photographs and video are properly used at trial to show that woman ran red light because officer's testimony sufficiently authenticated the evidence.
Criminal Law and Procedure Jun. 6, 2014
People v. Trinh
Mass shooter fails to overturn death penalty, despite trial court’s error regarding heat of passion defense, because his victims did not provoke him.
Criminal Law and Procedure Jun. 6, 2014
U.S. v. Spear
Physician may appeal conviction from illegitimate drug distribution, despite waiver provision in plea agreement, because scope of waiver only concerned his sentence.
Criminal Law and Procedure Jun. 6, 2014
People v. Manning
Trial court must explain its reasons for denying request for resentencing where Three Strikes offender’s prior convictions for rape might not have disqualified him.
Criminal Law and Procedure Jun. 6, 2014
U.S. v. Osinger
Ex-boyfriend may not overturn stalking conviction because statute was not unconstitutionally vague and First Amendment did not protect his disturbing messages.
Criminal Law and Procedure Jun. 5, 2014
People v. Jandres
Man escapes rape conviction because trial court mistakenly allowed testimony of attempted kidnapping victim to show his propensity to commit sexual offense.
Criminal Law and Procedure Jun. 4, 2014
People v. American Contractors Indemnity Co.
Trial court properly forfeits bond after defendant failed to appear at hearing without executing a written waiver, even if court did not expressly require his attendance.
Criminal Law and Procedure Jun. 3, 2014
Bond v. U.S.
Chemical weapons treaty may not be used to prosecute jilted wife, who made amateur attempt to injure her husband's lover with toxic chemicals.
Criminal Law and Procedure Jun. 3, 2014
People v. Brown
Capital defendant may not claim ineffective assistance based on his defense attorney’s acquiescence to his request not to present mitigating evidence.
Criminal Law and Procedure Jun. 3, 2014
People v. Chiu
Defendant who told friend to shoot someone may not be convicted of first-degree premeditated murder under ‘natural and probable consequences’ doctrine.
Criminal Law and Procedure Jun. 3, 2014
People v. Elmore
Mentally ill man, who fatally stabbed woman, is not entitled to jury instruction on unreasonable self-defense where his perception of threat was entirely delusional.
Criminal Law and Procedure Jun. 3, 2014
People v. Rose
Trial court’s refusal to force prosecution to run rap sheets for police officer witnesses does not violate due process because it did not deny right to discover information.
Criminal Law and Procedure Jun. 2, 2014
People v. Dunckhurst
Inmate is ineligible for resentencing under Three Strikes Reform Act of 2012 because he committed disqualifying prison offense prior to filing petition for recall.
Criminal Law and Procedure Jun. 2, 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. 2, 2014
People v. Arce
Ineffective assistance claim fails where defendant’s counsel had plausible reasons for declining to seek discount in victim’s restitution for future lost wages.
Criminal Law and Procedure May 30, 2014
U.S. v. Sullivan
Government may use evidence obtained from defendant’s laptop, which contained child pornography, despite 21-day delay in obtaining search warrant.
Criminal Law and Procedure May 29, 2014
U.S. v. Rangel-Guzman
Drug offender’s conviction for importation of marijuana is appropriate, despite assistant U.S. attorney’s improper vouching, due to strong evidence against him.
Criminal Law and Procedure May 29, 2014
People v. Martinez
Mandatory supervision condition requiring parolee to report to police gang unit is reasonable, even if his original offense was not clearly gang-related.
Criminal Law and Procedure May 29, 2014