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U.S. v. Albino-Loe
Government may use ‘Notice to Appear’ document filed during immigration court proceedings at defendant’s criminal trial for illegally reentering country.
Criminal Law and Procedure Apr. 8, 2014
U.S. v. French
Operator of eBay business, who charged customers without delivering items, waives right to counsel by deciding to represent herself, despite court’s warnings.
Criminal Law and Procedure Apr. 8, 2014
People v. Waxler
Police officer has reasonable cause to search truck after smelling odor of burnt marijuana and observing marijuana pipe inside vehicle.
Criminal Law and Procedure Apr. 7, 2014
People v. Rowe
Woman must face charges of soliciting forcible rape and sodomy, because she posted ads online encouraging men to go to victim’s house for sex.
Criminal Law and Procedure Apr. 7, 2014
People v. Canela
Robber receives 'great bodily injury' sentence increase for hitting pedestrian with vehicle while evading police officers by driving on wrong side of highway.
Criminal Law and Procedure Apr. 4, 2014
U.S. v. Ward
District court constructively amends indictment by failing to specify victims in jury instructions, which requires reversal of aggravated identity theft convictions.
Criminal Law and Procedure Apr. 4, 2014
People v. Wasbotten
Trial court may order woman, who robbed victims with Airsoft gun, to directly repay her victims for what she stole, without submitting matter to jury.
Criminal Law and Procedure Apr. 4, 2014
Hale v. Superior Court (People)
Prosecution may not increase drunken driver’s sentence for inflicting great bodily injury, after driver lost control of his vehicle and killed three passengers.
Criminal Law and Procedure Apr. 3, 2014
U.S. v. Lopez
Government may convict Mexican citizen for illegally reentering U.S. after being deported, even if it could not produce order of deportation.
Criminal Law and Procedure Apr. 3, 2014
People v. Steele
Pimp is guilty of kidnapping wandering teenage girl for prostitution, because her mother retained legal custody over her despite their strained relationship.
Criminal Law and Procedure Apr. 3, 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. 1, 2014
People v. Brewer
After choosing to impose longer sentence increases in case of attempted rapist, trial court correctly chooses to hold off on additional increases, rather than strike them.
Criminal Law and Procedure Mar. 31, 2014
U.S. v. Guillen-Cervantes
Smuggler who illegally transported immigrants into U.S. does not have right to seek contribution from co-conspirator to pay forfeiture judgment.
Criminal Law and Procedure Mar. 31, 2014
People v. Durst
Arsonist’s confession may be used at trial, although police did not read ‘Miranda’ rights before interview, because he knew he was free to leave.
Criminal Law and Procedure Mar. 31, 2014
U.S. v. Vargem
Trial court may not increase sentence for having illegal machine gun based on protective order, which was issued against defendant without notice or hearing.
Criminal Law and Procedure Mar. 31, 2014
People v. Morales
Court of Appeal must hear case, rather than appellate division of superior court, where defendant was originally charged with felony, which she later pleaded down.
Criminal Law and Procedure Mar. 28, 2014
People v. Black
Trial court does not violate defendant's rights by wrongly forcing him to use peremptory challenges to remove biased jurors, because jury was ultimately fair.
Criminal Law and Procedure Mar. 28, 2014
Mayes v. Premo
Trial court's credit to prosecution’s race-neutral explanations for striking black potential jurors is not objectively unreasonable based on comparative analysis.
Criminal Law and Procedure Mar. 28, 2014
People v. Marinelli
After successfully completing three years of probation, man who pleaded nolo contendere to attempted sex offenses may seek to expunge his plea.
Criminal Law and Procedure Mar. 28, 2014
People v. Friday
Trial court may not impose probation condition requiring sex offender to waive ‘any privilege against self-incrimination’ as part of sex offender treatment program.
Criminal Law and Procedure Mar. 28, 2014
People v. Dubose
Although jury properly convicts youth offenders of torture for beating group home counselor to death, trial court must reconsider whether LWOP is appropriate.
Criminal Law and Procedure Mar. 27, 2014
U.S. v. Castleman
Father who caused ‘bodily injury’ to mother of his child may not possess firearm, because his conviction was for a misdemeanor crime of domestic violence.
Criminal Law and Procedure Mar. 27, 2014
People v. Petrovic
Sex offender is guilty of posessing child pornography on his computer, even if he did not realize that images were stored in computer's temporary Internet files.
Criminal Law and Procedure Mar. 27, 2014
People v. Garcia
Two burglary convictions are proper where burglar robbed victim inside store at gunpoint, before sexually assaulting her in store’s bathroom.
Criminal Law and Procedure Mar. 27, 2014
People v. Garcia (D062659)
Two burglary convictions are proper where burglar robbed victim inside store at gunpoint, before sexually assaulting her in store’s bathroom.
Criminal Law and Procedure Mar. 25, 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 Mar. 24, 2014
U.S. v. Montes-Ruiz
Court may not impose sentence for violation of supervised release to run concurrently with anticipated, but nonexistent, federal sentence in separate case.
Criminal Law and Procedure Mar. 24, 2014
People v. Garcia
Gang member who fired shots at rival gang members evades sentence increase because prosecution could not establish gang’s ‘pattern of criminal activity.’
Criminal Law and Procedure Mar. 24, 2014
People v. Garcia (H039603)
Trial court may constitutionally require juvenile sex offender to waive his right against self-incrimination to receive probation in lieu of prison sentence.
Criminal Law and Procedure Mar. 24, 2014
People v. Ramirez
Sex offender is entitled to more lenient sentencing where his offenses occurred both before and after Oct. 1, 2011 effective date of latest conduct credit law.
Criminal Law and Procedure Mar. 20, 2014