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People v. Burrows
Trial court's failure to give notice before reducing and dismissing charges causes reinstatement of felony charges, despite probationer’s exemplary performance.
Criminal Law and Procedure May 29, 2014
People v. Kendrick
Sex offender forfeits right to challenge probation condition restricting his Internet use without prior approval, because he failed to raise issue at trial.
Criminal Law and Procedure May 29, 2014
People v. Petrilli
Wife, whose husband served as driver in several robberies, cannot be forced to testify against her husband, despite previously testifying before grand jury.
Criminal Law and Procedure May 29, 2014
Martinez v. Illinois
Double jeopardy prevents retrial of acquitted defendant in case where prosecution refused to participate in trial, after jury had been empaneled and sworn.
Criminal Law and Procedure May 28, 2014
Hall v. Florida
Defendant with IQ of 71 may challenge death sentence based on his intellectual disability, because Florida’s 70-point threshold for such challenges is unconstitutional.
Criminal Law and Procedure May 28, 2014
U.S. v. Guerrero-Jasso
District court may not use prior deportation dates, one of which occurred after aggravated felony conviction, to increase man’s sentence for illegally reentering U.S.
Criminal Law and Procedure May 28, 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 May 28, 2014
In re Riley
Board of Parole Hearings improperly denies parole to murderer by failing to consider his 30 years of sobriety and his age as a relevant factor.
Criminal Law and Procedure May 27, 2014
U.S. v. Ezeta
College professor commits financial aid fraud by doctoring financial aid forms for students without their knowledge, although he did not personally receive funds.
Criminal Law and Procedure May 27, 2014
People v. Johnson
Inmate is ineligible for resentencing under Three Strikes Reform Act, although witness intimidation was not a serious felony when he committed it in 1998.
Criminal Law and Procedure May 27, 2014
People v. Montes
Capital murderer may not also be convicted of carjacking, because it was already included in offense of kidnapping during a carjacking.
Criminal Law and Procedure May 23, 2014
In re LeBlanc
Governor’s denial of parole to inmate, who fatally stabbed domestic partner’s child, is upheld because lack of insight and mental instability showed his current dangerousness.
Criminal Law and Procedure May 23, 2014
U.S. v. Colon-Arreola
District court correctly imposes 16-level sentencing increase, because defendant’s prior conviction for battery on a peace officer constituted ‘crime of violence.’
Criminal Law and Procedure May 23, 2014
U.S. v. Garza
Court does not have to hold competency hearing where there was no strong connection between defendant's alleged dementia and ability to understand proceedings or defense.
Criminal Law and Procedure May 21, 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 May 21, 2014
People v. Valencia
Although trial court should have awarded defendant three extra days in presentence credits, issues are moot because defendant already served entire sentence.
Criminal Law and Procedure May 20, 2014
Vega v. Ryan
Lawyer gives ineffective assistance by failing to present testimony of priest, who heard victim take back sexual abuse allegations against her stepfather.
Criminal Law and Procedure May 20, 2014
People v. Scott
After revocation of probation, low-level felony offender, who was sentenced before Oct. 1, 2011, must serve his sentence in state prison, rather than county jail.
Criminal Law and Procedure May 20, 2014
Hurles v. Ryan
Judicial recusal may be appropriate where judge became involved in capital defendant’s appeal by making statements regarding evidence of guilt before trial.
Criminal Law and Procedure May 19, 2014
People v. Brown
Police officer has sufficient information to detain parked drunken driver, after responding to anonymous 911 call reporting a dangerous fight in the vicinity.
Criminal Law and Procedure May 15, 2014
People v. Acosta
Statute forbidding removal of improvements from foreclosed home is not unconstitutionally vague, because borrowers knew their conduct was prohibited.
Criminal Law and Procedure May 14, 2014
Yeh v. Martel
Petitioner is not entitled to habeas relief because neither his limited English ability nor his mental impairment were extraordinary circumstances to excuse late filing.
Criminal Law and Procedure May 14, 2014
U.S. v. Preston
District court must consider 18-year-old’s intellectual disability when determining whether confession to sexual abuse of neighbor was coerced or voluntary.
Criminal Law and Procedure May 13, 2014
U.S. v. Cabrera-Perez
Immigration judge’s failure to advise petitioner about voluntary departure is inconsequential because his aggravated assault conviction made him ineligible for relief.
Criminal Law and Procedure May 12, 2014
People v. Safety National Casualty Insurance Co.
Trial court incorrectly orders forfeiture of bail bond due to felony defendant's failure to attend hearing he was not required to attend by court or law.
Criminal Law and Procedure May 12, 2014
People v. Indiana Lumbermens Mutual Insurance Co.
Trial court may enter summary judgment on forfeited $625,000 bond, even though bail bondsman’s appeal concerning bond was still pending.
Criminal Law and Procedure May 9, 2014
Orpiada v. McDaniel
Inmate misses deadline for filing federal habeas petition, because Nevada rejected ‘prisoner mailbox rule,’ which would have rendered petition timely.
Criminal Law and Procedure May 8, 2014
U.S. v. Brooks
New inquiry into whether arson suspect should be involuntarily medicated to stand trial is required because over a year passed after court's authorization.
Criminal Law and Procedure May 8, 2014
U.S. v. Castro-Verdugo
District court may revoke probation, although underlying sentence for illegal reentry was defective, because defendant was still on probation at time of offense.
Criminal Law and Procedure May 7, 2014
Robers v. U.S.
Property crime offender may not reduce restitution amount owed to victim banks by value of houses when banks took title to them.
Criminal Law and Procedure May 6, 2014