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People v. Chism
Prosecution’s decision to challenge two prospective African-American jurors due to their lack of supervisory experience does not show racial bias.
Criminal Law and Procedure May 6, 2014
People v. Gutierrez
California law imposing LWOP for teenagers who commit murder does not violate their rights, because sentencing courts may choose between appropriate sentences.
Criminal Law and Procedure May 6, 2014
People v. Hajek and Vo
Death sentence is upheld for men who held entire family hostage for hours and tortured elderly grandmother before killing her.
Criminal Law and Procedure May 6, 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 May 5, 2014
People v. Tirey
California law violates equal protection by making sex offenders convicted of misconduct with persons under 14 ineligible for relief from sex offender registration.
Criminal Law and Procedure May 5, 2014
People v. Tirey
California law violates equal protection by making sex offenders convicted of misconduct with persons under 14 ineligible for relief from sex offender registration.
Criminal Law and Procedure May 5, 2014
Stewart v. Cate
Gang member who was convicted as the driver in a drive-by shooting may not seek federal habeas corpus relief because he waited too long to file petition.
Criminal Law and Procedure May 2, 2014
People v. Anderson
When there are no clear arguable issues, appellate court does not need to independently review record for them in Three Strikes resentencing cases.
Criminal Law and Procedure May 2, 2014
People v. Mitchell
Marijuana grower cannot invoke protections of California’s medical marijuana laws where he anticipated making up to $60,000 in annual sales to for-profit corporation.
Criminal Law and Procedure May 1, 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 May 1, 2014
U.S. v. Hernandez-Estrada
Rather than relying exclusively on 'absolute disparity test,' district courts must consider other methods for analyzing whether minorities are fairly represented in juries.
Criminal Law and Procedure May 1, 2014
People v. Fuentes
Court has authority to dismiss carjacker’s gang enhancement, even though district attorney argued it could only dismiss associated punishment.
Criminal Law and Procedure May 1, 2014
Frost v. Van Boening
Trial court’s failure to allow alleged robber to present both of his defenses during closing arguments constitutes structural error, requiring reversal.
Criminal Law and Procedure Apr. 30, 2014
People v. Suff
Continued questioning by police does not violate Fifth Amendment because suspect’s request for an attorney was conditioned on whether he would be charged.
Criminal Law and Procedure Apr. 29, 2014
People v. Zuniga
Car thief may not appeal after pleading guilty to gang participation charge where he failed to first obtain a certificate of probable cause.
Criminal Law and Procedure Apr. 29, 2014
People v. Haynes
Three strikes offenders have statutory right to appeal from decisions rejecting their requests for resentencing because those decisions affect their substantial rights.
Criminal Law and Procedure Apr. 28, 2014
People v. Superior Court (Cervantes)
Drug dealer may be considered ‘armed with a firearm’ for three strikes resentencing purposes, even though he was not physically carrying firearm when arrested.
Criminal Law and Procedure Apr. 28, 2014
People v. Hamdon
Even though trial court agreed to set aside misdemeanor convictions, man is not released of requirement to register as a sex offender.
Criminal Law and Procedure Apr. 28, 2014
People v. Superior Court (Martinez)
Inmate is not eligible for resentencing under Three Strikes Reform Act, because he was ‘armed with a firearm’ during third offense, even if he was not carrying it.
Criminal Law and Procedure Apr. 28, 2014
People v. Ngo
Trial court must retry man for committing lewd and lascivious acts on seven-year-old girl because it used incorrect dates in its instructions to jury.
Criminal Law and Procedure Apr. 28, 2014
Nevarez v. Barnes
Validated gang associate in security housing unit loses ex post facto challenge to his ineligibility for conduct credits based on amended California Penal Code.
Criminal Law and Procedure Apr. 28, 2014
U.S. v. Ramirez-Estrada
Booking officer’s testimony may not be admitted at trial, when used only to show that defendant invoked his ‘Miranda’ rights and refused to answer questions.
Criminal Law and Procedure Apr. 28, 2014
U.S. v. Ruiz-Lopez
Various documents used during deportation process may be used as evidence in illegal reentry case to establish that defendant was not a U.S. citizen.
Criminal Law and Procedure Apr. 28, 2014
U.S. v. Thum
District court improperly revokes supervised release for ‘encouraging illegal alien to reside in U.S.’ when probationer escorted alien from restaurant to nearby van.
Criminal Law and Procedure Apr. 28, 2014
Harris v. Superior court (People)
Attorney’s representation at preliminary hearing deprives client of effective assistance where attorney also faced criminal charges following arrest by same officer.
Criminal Law and Procedure Apr. 28, 2014
People v. Tirey
California law violates equal protection by making sex offenders convicted of misconduct with persons under 14 ineligible for relief from sex offender registration.
Criminal Law and Procedure Apr. 28, 2014
People v. Klatt
Trial court may not require sex offender to seek approval from probation officer before forming romantic relationships with persons having custody of a minor.
Criminal Law and Procedure Apr. 25, 2014
Hernandez v. Holland
Bailiff does not need to give 'Miranda' warnings during casual conversation where defendant spontaneously volunteered incriminating information about himself.
Criminal Law and Procedure Apr. 25, 2014
U.S. v. Gomez
Defendant’s prior sexual offense conviction cannot form basis for 16-level sentencing enhancement in current illegal entry conviction.
Criminal Law and Procedure Apr. 25, 2014
Hedlund v. Ryan
Trial court may require defendant to wear leg brace during trial to protect courtroom, because court personnel had reason to believe he might try to escape.
Criminal Law and Procedure Apr. 25, 2014