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U.S. v. Earl
Trial court retains authority to put defendant, who was in home confinement, back in prison, after he admitted to associating with known felons.
Criminal Law and Procedure Sep. 6, 2013
Detrich v. Ryan
Defendant gets another chance for habeas relief on claims alleging ineffective assistance of counsel following U.S. Supreme Court ruling in ‘Martinez v. Ryan.’
Criminal Law and Procedure Sep. 4, 2013
U.S. v. Flores
Defendants who bought an unregistered grenade launcher may not receive increased penalty because they purchased 40-mm cartridges as well.
Criminal Law and Procedure Sep. 3, 2013
People v. Beltran
Second degree murder conviction stands where court's instruction focused on whether average person would be induced to react from passion, not from judgment.
Criminal Law and Procedure Aug. 30, 2013
People v. Dowl
Although defendant legally possessed medical marijuana, surrounding circumstances support his conviction for possession of marijuana for sale.
Criminal Law and Procedure Aug. 30, 2013
Cavitt v. Cullen
Man is guilty of felony murder based on robbery of girlfriend’s stepmother, who died shortly after, even if he speculated that girlfriend actually killed stepmother after he left.
Criminal Law and Procedure Aug. 30, 2013
U.S. v. Thompson
Use of thermal lance, a cutting tool that utilizes extreme heat, to open ATM does not constitute 'using fire' for purposes of increasing sentence.
Criminal Law and Procedure Aug. 30, 2013
U.S. v. Humphries
Owner of company that produced 'used toluene' and 'excess methanol' is properly found guilty of illegally storing hazardous waste without permit.
Criminal Law and Procedure Aug. 30, 2013
Packer v. Superior Court (People)
Defendant may not disqualify prosecutor on ground that defendant had some degree of relationship with prosecutor’s children at some point in time.
Criminal Law and Procedure Aug. 30, 2013
People v. Ogg
Mother's conviction for aiding and abetting in continuous sexual abuse of her daughter is proper where she married perpetrator and discouraged daughter from reporting abuse.
Criminal Law and Procedure Aug. 30, 2013
U.S. v. Ermoian
Private investigator is improperly convicted for obstructing justice although he was suspected of leaking confidential information during FBI’s investigation of gang members.
Criminal Law and Procedure Aug. 29, 2013
People v. Turner
Police officers lawfully detain parent, who made threats at his son's high school football game, based on tip from a coach that he had a gun.
Criminal Law and Procedure Aug. 29, 2013
People v. Ortega
Father is properly convicted of molesting his daughter in 1995 because original charges were filed within 10 years of commission of offense.
Criminal Law and Procedure Aug. 28, 2013
U.s. v. King
Police may conduct suspicionless search of probationer's residence when he had agreed to be subject to warrantless searches as probation condition.
Criminal Law and Procedure Aug. 28, 2013
U.S. v. Evans
Alien who claimed to be U.S. citizen obtains new trial on charges hinging on his citizenship after district court excluded evidence of his birth certificate.
Criminal Law and Procedure Aug. 28, 2013
U.S. v. Swor
Mortgage broker who defrauded investors is not required to pay restitution to investors who were scammed after he severed ties with scheme.
Criminal Law and Procedure Aug. 28, 2013
People v. Cruz
Trial court properly imposes $2,450 fine in addition to $294 in fees and surcharges in connection with drunken driving conviction.
Criminal Law and Procedure Aug. 28, 2013
People v. Harris
Defendant’s conviction for raping and murdering young white woman in Kern County is upheld, rejecting defendant’s claim of racial discrimination in jury selection.
Criminal Law and Procedure Aug. 27, 2013
People v. Mai
Defendant’s conviction for murder of California Highway Patrol officer is upheld because excusal of three African American prospective jurors was not racially motivated.
Criminal Law and Procedure Aug. 27, 2013
People v. Jones
Juror who would not consider death penalty due to religious beliefs is properly excused at trial of defendant who strangled numerous women.
Criminal Law and Procedure Aug. 27, 2013
People v. Williams
Defendant who used re-encoded credit cards at Walmart to make fraudulent purchases is not guilty of robbery because he did not use force.
Criminal Law and Procedure Aug. 27, 2013
U.S. v. Torlai
Farmer who made false claims for federal crop insurance may not have his sentence reduced because he was entitled to some portion of insurance.
Criminal Law and Procedure Aug. 27, 2013
U.S. v. Hilger
Convicted sex offender’s supervised release is properly revoked after he confessed to sexual contact with children six times, violating terms of supervised release.
Criminal Law and Procedure Aug. 27, 2013
People v. Hanna
MySpace user’s conviction for attempting lewd and lascivious conduct with 13-year-old girl is proper although he reasonably believed she was 18.
Criminal Law and Procedure Aug. 27, 2013
U.S. v. Sedaghaty
Defendant obtains new trial on charges alleging he falsified his tax returns to hide his charitable donations in support of terrorists in Chechnya.
Criminal Law and Procedure Aug. 26, 2013
People v. Edwards
California Supreme Court upholds death sentence following first-degree murder conviction based on pathologist’s opinion on another doctor’s autopsy report.
Criminal Law and Procedure Aug. 23, 2013
U.S. v. Cohen
Court properly increases defendant’s sentence because he lured patrons of charitable organization into buying false shares in for-profit company.
Criminal Law and Procedure Aug. 23, 2013
U.S. v. Reed
Nevada’s drugged driving law applies to defendant caught driving on road in national park while under influence of marijuana.
Criminal Law and Procedure Aug. 23, 2013
In re Thomas
Defendant who fatally shot his neighbor over parking dispute successfully overturns second degree murder conviction due to instructional error.
Criminal Law and Procedure Aug. 23, 2013
People v. Ortega
Father is properly convicted of molesting his daughter in 1995 because original charges were filed within 10 years of commission of offense.
Criminal Law and Procedure Aug. 22, 2013