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U.S. v. Hammond
Oregon ranchers must be sentenced to at least five years of imprisonment for burning 139 acres of federal government’s public land.
Criminal Law and Procedure Feb. 10, 2014
In re Martinez
Offender is ineligible for resentencing under new version of the Three Strikes law because his spousal rape conviction was a serious and violent felony.
Criminal Law and Procedure Feb. 10, 2014
People v. Jones
Gang member who was caught on surveillance cameras shooting another gang member is guilty of first degree murder, regardless of possible jury instruction issues.
Criminal Law and Procedure Feb. 7, 2014
U.S. v. Lyle
Pharmacist illegally tampers with consumer product by opening box of Fentanyl patches, removing them and re-gluing empty box for resale.
Criminal Law and Procedure Feb. 6, 2014
U.S. v. Williams
District court may not revoke man’s federal supervised release after he pleaded guilty to Washington assault charge while maintaining his innocence.
Criminal Law and Procedure Feb. 4, 2014
In re Lira
Prisoner who was kept in prison for additional year due to Governor’s decision may not receive credit against his parole for that period of incarceration.
Criminal Law and Procedure Feb. 4, 2014
Dews v. Superior Court (People)
Driver suspected of DUI may retry claim that 19-month delay between arrest warrant and arraignment violated his speedy trial right.
Criminal Law and Procedure Feb. 3, 2014
In re Martinez
Offender is ineligible for resentencing under new version of the Three Strikes law because his spousal rape conviction was a serious and violent felony.
Criminal Law and Procedure Jan. 31, 2014
People v. Duff
California Supreme Court upholds man’s death sentence for 1998 killings of two men in Sacramento, which he claimed he committed in self-defense.
Criminal Law and Procedure Jan. 31, 2014
People v. Superior Court (Sanchez)
Shooter’s reduced sentence in attempted murder case does not stand because court altered defective plea bargain, instead of tossing it entirely.
Criminal Law and Procedure Jan. 30, 2014
People v. White
Lifetime inmate is ineligible for resentencing under new Three Strikes law because in third offense, he had ready access to a gun he carried.
Criminal Law and Procedure Jan. 29, 2014
People v. Kisling
Court of Appeal does not have to allow sexually violent predator’s equal protection challenge, after California Supreme Court directed courts on issue.
Criminal Law and Procedure Jan. 29, 2014
Burrage v. U.S.
Heroin dealer gets out of 20-year minimum sentence for heroin distribution because customer’s death was not caused only by heroin use.
Criminal Law and Procedure Jan. 28, 2014
People v. Falls
Man who attempted to use fraudulent check to pay for groceries is guilty of both passing and possessing fraudulent check.
Criminal Law and Procedure Jan. 28, 2014
People v. Casica
Woman receives reduced sentence for burglary and forgery offenses because her one objective in crimes was to steal her friend’s money.
Criminal Law and Procedure Jan. 27, 2014
U.S. v. Shill
Oregon man's 10-year prison term for using Internet to try to entice minor to have sex is not too harsh, even if offense was misdemeanor under Oregon law.
Criminal Law and Procedure Jan. 27, 2014
People v. Virgo
Hell's Angels 'enforcer' overturns five of 10 attempted murder convictions because during shootout, some officers took cover outside his home.
Criminal Law and Procedure Jan. 27, 2014
Dickens v. Ryan
Man who planned and executed robbery and murder of couple at Arizona rest stop by his teenage accomplice receives death sentence.
Criminal Law and Procedure Jan. 24, 2014
People v. Sanchez
Gang expert may use evidence from STEP notices regarding gang involvement, field investigation cards and police reports to identify gang member.
Criminal Law and Procedure Jan. 22, 2014
Bell v. Uribe
Holdout juror's removal is appropriate because she conducted her own research and presented her 'expert' analysis to jury during deliberations.
Criminal Law and Procedure Jan. 22, 2014
People v. Sy
Couple who sold counterfeit bags and merchandise are properly convicted for selling counterfeit marks, even if their customers knew merchandise was fake.
Criminal Law and Procedure Jan. 22, 2014
People v. Rios
Gang member is not guilty of ‘street terrorism’ for stealing car because there was no evidence that he did so with anyone else.
Criminal Law and Procedure Jan. 17, 2014
People v. Vega
Drug dealer must serve sentence in state prison, rather than county jail, because he ‘cooked’ methamphetamine in presence of seven-month-old grandson.
Criminal Law and Procedure Jan. 16, 2014
People v. Carroll
Woman who was released on her ‘own recognizance’ twice, but failed to appear in court, cannot escape conviction based on errors in release agreements.
Criminal Law and Procedure Jan. 16, 2014
U.S. v. Davis
Crack cocaine dealer may not further reduce sentence to 60 months because his original 70-month sentence was already below the amended guidelines range.
Criminal Law and Procedure Jan. 15, 2014
People v. Goolsby
Man who destroyed his motor home by setting fire to another motor home and pushing it on his is not guilty of ‘arson of inhabited structure.’
Criminal Law and Procedure Jan. 15, 2014
People v. Nguyen
City of Irvine ordinance barring sex offenders from entering parks without permission unconstitutionally conflicts with California’s sex offender regulations.
Criminal Law and Procedure Jan. 14, 2014
People v. Bryant
Woman may not claim involuntary manslaughter in attempting to overturn second degree murder conviction for fatal stabbing of her boyfriend during fight.
Criminal Law and Procedure Jan. 14, 2014
People v. Denham
Murderer who stole victim's motorcycle may not challenge victim restitution order in excess of $45,000 because he failed to separately appeal order.
Criminal Law and Procedure Jan. 14, 2014
People v. Rosales
Robber fails to overturn his convictions due to allegedly incorrect jury instructions because his victims positively identified him as the perpetrator.
Criminal Law and Procedure Jan. 14, 2014