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People v. Jones
Defendant may not challenge imposition of consecutive and concurrent terms due to double punishment because he already agreed to specified prison term.
Criminal Law and Procedure Jul. 1, 2013
White, Warden v. Woodall
Order
Criminal Law and Procedure Jun. 30, 2013
Paroline v. United States
Order
Criminal Law and Procedure Jun. 30, 2013
People v. Linton
Defendant who entered neighbor's house to steal money and strangled their daughter to death is properly sentenced to death after confessing to crime.
Criminal Law and Procedure Jun. 28, 2013
Robey v. Superior Court (People)
Warrantless seizure of package that smelled of marijuana is permissible, but not subsequent search absent some other exception to warrant requirement.
Criminal Law and Procedure Jun. 28, 2013
U.S. v. Stoltz
Coast Guard member may be convicted of possession of child pornography, even after being disciplined by Coast Guard, because he was never actually court-martialed.
Criminal Law and Procedure Jun. 28, 2013
County of Los Angeles v. Financial Casualty & Surety Inc.
Surety is entitled to exoneration of forfeited bail bond posted for defendant who was unable to appear because he was deported while out on bail.
Criminal Law and Procedure Jun. 28, 2013
United States v. Smith
Man convicted of forcing minor to work in prostitution ring receives enhanced sentence for unduly influencing minor by making her dependent on him.
Criminal Law and Procedure Jun. 27, 2013
Varghese v. Uribe
Defendant’s murder conviction stands where state court’s compromise to condition testing of bloodstain on disclosure is not abuse of discretion.
Criminal Law and Procedure Jun. 27, 2013
People v. Wilcox
Criminal Justice Realignment Act does not apply to defendant’s suspended state prison term that was handed down before new sentencing scheme took effect.
Criminal Law and Procedure Jun. 27, 2013
Curry v. Superior Court (People)
Investigator's testimony regarding expert opinions indicating that defendant poisoned wife is sufficiently reliable because investigator was personally involved in case.
Criminal Law and Procedure Jun. 26, 2013
Sekhar v. United States
Blackmailing person to recommend certain investments to his employer does not constitute extortion because there was no transfer of property.
Criminal Law and Procedure Jun. 26, 2013
People v. Hernandez
Court must give unanimity instruction to jury where prosecution presents two separate instances that could provide basis for firearm possession charge.
Criminal Law and Procedure Jun. 25, 2013
Ryan v. Schad
Ninth Circuit disregarded established procedural principles when it ignored Supreme Court’s mandate, and granted petitioner stay from execution.
Criminal Law and Procedure Jun. 24, 2013
U.S. v. Kebodeaux
Former military member is required to register as sex offender under federal statute even if he completed his sentence prior to enactment of law.
Criminal Law and Procedure Jun. 24, 2013
People v. Parker
Trial court has the ability to set aside conviction where defendant successfully completed probation and never served prison time.
Criminal Law and Procedure Jun. 24, 2013
People v. Rodriguez
Defendant may not be charged with murder and shooting inhabited dwelling after his previous two indictments for those crimes were dismissed.
Criminal Law and Procedure Jun. 20, 2013
Descamps v. U.S.
Defendant’s prior California burglary conviction does not qualify as predicate offense to enhance his sentence for felony in possession of firearm conviction.
Criminal Law and Procedure Jun. 20, 2013
Dubrin v. People
Three-strikes offender may challenge constitutional validity of prior conviction, where he was assured by prosecutor and judge that conviction would not count as strike.
Criminal Law and Procedure Jun. 20, 2013
People v. Leath
Defendant who was charged with robbing three people at gunpoint may not suppress evidence after voluntarily relinquishing identification card to police officers.
Criminal Law and Procedure Jun. 20, 2013
People v. Nguyen
Defendant’s burglary conviction is upheld despite his intent to pay for laptop computers stuffed inside cheaper printer box by paying for price of printer.
Criminal Law and Procedure Jun. 19, 2013
U.S. v. Sanchez-Aguilar
Defendant may be convicted of illegal reentry, even though government did not provide evidence he had been outside country following his latest conviction for same crime.
Criminal Law and Procedure Jun. 19, 2013
Henry v. Ryan
Evidence suppressed at defendant’s murder trial did not violate his due process rights because evidence was more incriminating than exculpatory.
Criminal Law and Procedure Jun. 19, 2013
Lemke v. Ryan
Double Jeopardy Clause does not bar retrial of defendant’s felony murder charge following jury’s prior acquittal on robbery charge underlying felony murder charge.
Criminal Law and Procedure Jun. 19, 2013
Teal v. Superior Court (People)
Prisoner is ineligible for resentencing under amended Three Strikes Law because one of his prior convictions was for sexually violent offense.
Criminal Law and Procedure Jun. 19, 2013
Stake Center Locating Inc. v. District Court (DiFrancesco)
Victim of various tax evasion and wire fraud crimes may not pursue defendant's assets until after defendant has been sentenced.
Criminal Law and Procedure Jun. 19, 2013
U.S. v. Avery
Attorney’s honest services fraud conviction is vacated following Supreme Court’s decision narrowing scope of crime to those involving bribery and kickback.
Criminal Law and Procedure Jun. 18, 2013
U.S. v. Vasquez
Defendant should not have received higher sentence based on prior conviction for driving with suspended license because sentence did not count as probation.
Criminal Law and Procedure Jun. 18, 2013
People v. Fong
Defendant who pleaded guilty to assault and inflicting great bodily injury is limited to accruing 15 percent of credit due to credit limiting provisions.
Criminal Law and Procedure Jun. 18, 2013
Salinas v. Texas
Prosecution's use of defendant's silence during interview regarding murders may be used at trial because interview with police was voluntary.
Criminal Law and Procedure Jun. 17, 2013