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People v. Mason
Court’s failure to instruct jury that prior spousal rape conviction had to involve force or violence causes reversal of conviction for failure to register as sex offender.
Criminal Law and Procedure Aug. 7, 2013
People v. Petronella
Business owner who underreported payroll for several years to receive lower insurance premiums is convicted of violating Insurance Code.
Criminal Law and Procedure Aug. 7, 2013
People v. Moreno
Defendant may not serve his sentence in county jail under Criminal Justice Realignment Act because his sentence was imposed prior to its enactment.
Criminal Law and Procedure Aug. 7, 2013
Saesee v. McDonald
Defense attorney's expression of hope that witness might appear in order to corroborate alibi does not render his assistance constitutionally ineffective.
Criminal Law and Procedure Aug. 6, 2013
People v. Barao
Trial court properly refuses to approve proposed plea bargain to reduce sentence by more than 30 years in case involving murder, firearm use and robbery.
Criminal Law and Procedure Aug. 6, 2013
People v. Denman
Defendant who recorded false quitclaim deeds that transferred nine properties he did not own to himself is properly convicted for filing false documents.
Criminal Law and Procedure Aug. 6, 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. 5, 2013
U.S. v. Lira
Conviction for firearm use in furtherance of drug trafficking is overturned because jury should have determined whether defendant discharged firearm.
Criminal Law and Procedure Aug. 5, 2013
U.S. v. Stargell
Tax preparer’s conviction for wire fraud is upheld because evidence showed that her fraudulent scheme exposed banks to greater risk of loss.
Criminal Law and Procedure Aug. 5, 2013
U.S. v. Flores
District court may not impose sentencing enhancement for using minor in conspiracy to sell drugs without establishing minor's age when she entered conspiracy.
Criminal Law and Procedure Aug. 5, 2013
Teal v. S.C. (People)
Order
Criminal Law and Procedure Aug. 2, 2013
U.S. v. Valenzuela-Arisqueta
Court may reject defendant’s guilty plea although he had not been correctly advised of maximum possible penalty for offense of illegal entry.
Criminal Law and Procedure Aug. 2, 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. 1, 2013
People v. Superior Court (Cardillo)
Owners of medical marijuana clinics may be charged with unlawful practice of medicine even if they did not see patients or issue recommendations.
Criminal Law and Procedure Aug. 1, 2013
People v. Coleman
Sentencing court may not delegate analysis of defendant’s ability to pay drug program fee to probation department.
Criminal Law and Procedure Jul. 31, 2013
Aguilar v. Woodford
Prosecution's failure to disclose police dog's history of mistaken scent identifications warrants overturning of first degree murder conviction.
Criminal Law and Procedure Jul. 30, 2013
U.S. v. Spencer
Defendant faces increased sentence following drug-trafficking convictions because his prior criminal property damage conviction makes him a 'career offender.'
Criminal Law and Procedure Jul. 30, 2013
Murdaugh v. Ryan
Defendant who beat man to death with meat tenderizer and dismembered his body has right to have jury determine mitigating factors during his sentencing.
Criminal Law and Procedure Jul. 29, 2013
U.S. v. Gonzalez-Villalobos
Alien's attack on deportation order underyling conviction for illegal reentry fails because he failed to show proceedings deprived him of opportunity for judicial review.
Criminal Law and Procedure Jul. 29, 2013
U.S. v. Grasso
Real estate agent’s money laundering and conspiracy convictions are upheld due to involvement in Los Angeles-based scheme to defraud mortgage lenders.
Criminal Law and Procedure Jul. 29, 2013
Hudec v. Superior Court (People)
Paranoid schizophrenic who killed his father and was found not guilty by reason of insanity may not be forced to testify at trial for his extended commitment.
Criminal Law and Procedure Jul. 29, 2013
People v. Davis
Convictions for sale and possession of MDMA, or ecstasy, may not be based solely on inference that chemical name proves it is a controlled substance.
Criminal Law and Procedure Jul. 26, 2013
People v. Rogers
Drifter from Ohio, who murdered women he met at bars in California, Florida, and Louisiana, receives death penalty for California murder.
Criminal Law and Procedure Jul. 26, 2013
U.S. v. Ahmadzai
Term of supervised release must be automatically tolled during period of state custody without any court intervention.
Criminal Law and Procedure Jul. 26, 2013
U.S. v. Flores-Cordero
Prior Arizona conviction for resisting arrest does not necessarily warrant sentence enhancement because it is not categorically a ‘crime of violence.’
Criminal Law and Procedure Jul. 26, 2013
People v. McPheeters
Ex-boyfriend's stalking conviction is proper where his entire course of conduct toward his ex-girlfriend implied a credible threat to her.
Criminal Law and Procedure Jul. 25, 2013
People v. Culbert
Conviction for making criminal threat is upheld where defendant pulled unloaded firearm’s trigger while holding it to child’s head.
Criminal Law and Procedure Jul. 25, 2013
U.S. v. Jinian
CEO who defrauded employer for $1.5 million is guilty of wire fraud by use of communications between two California banks and Federal Reserve Bank in Dallas.
Criminal Law and Procedure Jul. 24, 2013
People v. Cottone
Jury instructions on whether defendant appreciated wrongfulness of conduct are not necessary when prosecution introduces evidence that defendant committed sexual abuse as child.
Criminal Law and Procedure Jul. 23, 2013
U.S. v. Clement
Mandatory minimums in Fair Sentencing Act of 2010 do not apply to 18 U.S.C. Section 3582(c)(2) proceedings to defendants sentenced before Act was enacted.
Criminal Law and Procedure Jul. 23, 2013