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U.S. v. Morgan
Border patrol agent's re-reading of ‘Miranda’ warnings in standard I-214 Form does not constitute unconstitutional re-initiation of interrogation.
Criminal Law and Procedure Jun. 4, 2013
People v. Woodall
Probation revocation proceedings do not violate federal constitution even if it allows arrest of probationers based on warrants not supported by sworn facts.
Criminal Law and Procedure Jun. 4, 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. 3, 2013
People v. Christiansen
Convictions for conflict of interest against independent contractor, who worked for school district, are thrown out because she was not a government employee.
Criminal Law and Procedure Jun. 3, 2013
In re Boyette
Murderer’s death sentence remains despite jurors’ viewing of ‘American Me,’ a movie depicting violence associated with prison life.
Criminal Law and Procedure May 31, 2013
Sims v. Dept. of Corrections and Rehabilitation
Executions by lethal injection are put on hold in California because adoption of new regulations for administering injections did not meet procedural requirements.
Criminal Law and Procedure May 31, 2013
People v. Loper
Prisoner may not appeal denial of Dept. of Corrections and Rehabilitation’s request to recall his sentence based on compassionate release grounds.
Criminal Law and Procedure May 30, 2013
Biggs v. Secretary of the California Dept. of Corrections and Rehabilitation
Governor's review of parole board decisions does not constitute unlawful retroactive punishment because it did not actually change prisoners’ sentences.
Criminal Law and Procedure May 30, 2013
U.S. v. Joseph
Inmate’s 24-month consecutive sentence for possession of separate items of marijuana, which he provided to another inmate, is inappropriate.
Criminal Law and Procedure May 30, 2013
People v. Her
Murder conviction is properly based on DNA matching defendant, which police found at murder scene, despite lack of statistical analysis.
Criminal Law and Procedure May 30, 2013
McQuiggin v. Perkins
Prisoner’s federal habeas petition is untimely because he waited nearly six years to use affidavits asserting someone else committed the crime.
Criminal Law and Procedure May 29, 2013
Trevino v. Thaler
Texas defendant may raise ineffective assistance claim in federal habeas petition because state procedural system virtually denied him opportunity to raise claim directly.
Criminal Law and Procedure May 29, 2013
People v. Oakley
Repeat drug offender receives additional three-year term for transportation of methamphetamine whether drugs were for personal use or not.
Criminal Law and Procedure May 29, 2013
U.S. v. Rojas-Pedroza
Mexican citizen unsuccessfully attacks illegal reentry conviction based on most recent removal when he was removed four other times as well.
Criminal Law and Procedure May 29, 2013
People v. Hurtado
Defendant is ineligible for resentencing under Three Strikes Reform Act of 2012 because his prior convictions for first degree burglary were serious felonies.
Criminal Law and Procedure May 29, 2013
People v. Smith
Court may not deny hearing for inmate who petitioned for conditional release after showing significant progress in treatment of deviant sexual behavior.
Criminal Law and Procedure May 29, 2013
People v. Scott
Defendant is sentenced to county jail, instead of state prison, pursuant to Criminal Justice Realignment Act following probation revocation.
Criminal Law and Procedure May 24, 2013
People v. Rountree
Defendant receives death penalty for kidnapping teenager by forcing her into car, robbing her, and fatally shooting her in a remote location.
Criminal Law and Procedure May 24, 2013
People v. Pizarro
First-degree murder conviction is thrown out because juror independently read earlier appellate opinion regarding case that revealed extraneous information.
Criminal Law and Procedure May 23, 2013
People v. Eid
Jury may not convict defendant of uncharged offenses of attempted extortion and false imprisonment following acquittal on kidnapping for ransom charge.
Criminal Law and Procedure May 23, 2013
Fernandez v. California
Order
Criminal Law and Procedure May 21, 2013
Metrish v. Lancaster
Defendant receives due process although he was not allowed to assert diminished-capacity defense due to new developments in Michigan law.
Criminal Law and Procedure May 21, 2013
People v. Fernandez
Prosecutor may amend charges during trial to reflect new testimony in case of grandfather who sexually abused his granddaughters.
Criminal Law and Procedure May 21, 2013
People v. Lopez
Double jeopardy does not apply where defendant will be retried after court found there was insufficient evidence to support his original conviction.
Criminal Law and Procedure May 17, 2013
People v. Wilson
Defendant does not receive fair trial where court failed to inform both parties and jury about details of victim’s recanted statements.
Criminal Law and Procedure May 16, 2013
People v. Lewis
Three Strikes Reform Act of 2012 allows reduction in sentence of 25 years to life when case was not yet final on appeal.
Criminal Law and Procedure May 16, 2013
People v. Flores
Pitbull owner is criminally liable for dog's attack on neighbor because owner was aware of pitbull’s aggression and massive strength.
Criminal Law and Procedure May 15, 2013
People v. Ermi
Police officer’s search of girlfriend’s purse is valid where purse was found in shared bedroom, to which she and probationer both had access.
Criminal Law and Procedure May 15, 2013
People v. Park
Court may not impose sentencing enhancement for prior serious felonies on defendant whose prior felony conviction was reduced to misdemeanor.
Criminal Law and Procedure May 14, 2013
Gonzalez v. City of Anaheim
Officer’s use of deadly force is reasonable after uncooperative suspect attempts to drive his car away with officer inside.
Criminal Law and Procedure May 14, 2013