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People v. Morales
Petitioner was not entitled to resentencing where trial record showed jury necessarily found he was the actual shooter in attempted murder occurring during armored truck robbery.
Criminal Law and Procedure 1DCA/2 Jun. 24, 2024
Diaz v. United States
Expert testimony about most drug couriers' mental states generally was not an opinion on the defendant's specific mental state when she was caught transporting drugs, so it was admissible.
Evidence, Criminal Law and Procedure USSC Jun. 21, 2024
Modification: In re A.M.
Conviction as adult for crime committed at 14 years old was nonfinal after conditional reversal, entitling defendant to benefit from laws barring transfer of such cases to adult criminal court.
Criminal Law and Procedure, Juveniles 2DCA/6 Jun. 19, 2024
People v. Nadey
Defendant failed to demonstrate peremptory challenges were based on purposeful racial discrimination where prosecutor offered plausible race-neutral explanations that were supported by the record.
Criminal Law and Procedure CASC Jun. 18, 2024
U.S. v. Howald
Proof that a firearm used in a hate crime had at some point traveled in interstate commerce satisfied the required nexus for federal jurisdiction.
Criminal Law and Procedure 9th Jun. 14, 2024
Lee v. Thornell
Habeas petitioner could not overcome the procedural defect of failing to raise ineffective assistance claims at his state court post-conviction proceedings.
Criminal Law and Procedure 9th Jun. 12, 2024
People v. Graham
Trial transcripts were relevant evidence the trial court could consider when deciding whether convicted criminal defendant was retroactively eligible for pretrial mental health diversion.
Criminal Law and Procedure 3DCA Jun. 11, 2024
People v. Fish
Lack of unanimity instruction regarding lesser included offense was harmless where jury resolved basic credibility dispute against defendant and would have convicted him of any offense shown by the evidence.
Criminal Law and Procedure 1DCA/4 Jun. 7, 2024
People v. Gefrerer
A perpetrator's calm demeanor and a bank's policy to acquiesce to demands for money under criminal threat did not negate the satisfaction of the "fear" element necessary for a robbery conviction.
Criminal Law and Procedure 4DCA/1 Jun. 7, 2024
People v. Mayberry
Ameliorative sentencing statute applied to prior prison term enhancements that were imposed but stayed during original sentencing.
Criminal Law and Procedure 5DCA Jun. 6, 2024
People v. Rounds
Trial court should have considered post-release conduct rather than the nature and circumstances of the underlying conviction when evaluating a petition for a certificate of rehabilitation.
Criminal Law and Procedure 4DCA/3 Jun. 6, 2024
U.S. v. Farias-Contreras
Prosecutor breached the agreement in a plea to not recommend a sentence in excess of the low-end guideline range by surrounding that recommendation with inflammatory rhetoric.
Criminal Law and Procedure 9th Jun. 4, 2024
People v. Burgos
Penal Code Section 1109, allowing for bifurcation of certain gang-related trials, may not be applied retroactively.
Criminal Law and Procedure CASC Jun. 4, 2024
In re A.M.
Conviction as adult for crime committed at 14 years old was nonfinal after conditional reversal, entitling defendant to benefit from laws barring transfer of such cases to adult criminal court.
Criminal Law and Procedure, Juveniles 2DCA/6 Jun. 3, 2024
Thornell v. Jones
Ninth Circuit's interpretation and application of *Strickland v. Washington* was erroneous.
Constitutional Law, Criminal Law and Procedure USSC May 31, 2024
Wheeler v. Appellate Division of Superior Court
Trial court did not err in considering plaintiff's innocent state of mind when it dismissed misdemeanor strict liability charges in furtherance of justice.
Criminal Law and Procedure CASC May 31, 2024
People v. Superior Court (Chagolla)
There was insufficient evidence to imply malice for a defendant who caused a lethal car accident by remaining in her car after a police chase where defendant was nonresponsive and incoherent.
Criminal Law and Procedure 4DCA/1 May 31, 2024
People v. Pritchett
Good faith exception to the exclusionary rule applied where detective took objectively reasonable steps to determine whether the defendant was on searchable probation before warrantless search of hotel room.
Criminal Law and Procedure 1DCA/1 May 30, 2024
U.S. v. Chanel Wiley
Because ankle monitors are not inherently prejudicial, defendant was required to prove actual prejudice to sustain her claim that ankle monitor's beeping during trial warranted a new trial.
Criminal Law and Procedure 9th May 30, 2024
U.S. v. Groppo
Criminal defendant was not eligible for expungement because his request for relief was based solely on equitable grounds.
Criminal Law and Procedure 9th May 28, 2024
Jane Doe v. Fitzgerald
A mandatory stay for a civil action under the Trafficking Victims Protection Reauthorization Act does not require the defendant be named in the corresponding criminal action.
Torts, Criminal Law and Procedure 9th May 28, 2024
Brown v. U.S.
For purposes of the Armed Career Criminal Act, a state drug conviction counts as a "predicate" if it involved a drug on the federal schedules at the time of that conviction, even if the schedules later change.
Criminal Law and Procedure USSC May 24, 2024
U.S. v. Lucas-Hernandez
*Nazemian*'s four-factor analysis (determining whether an interpreter's statements should be attributed to the speaker) applies to the statements of a party opponent that are translated by the testifying witness.
Criminal Law and Procedure 9th May 24, 2024
People v. Herrera
Jury reviewing surveillance videos admitted into evidence at different speeds and in conjunction with one another during deliberation did not create new evidence outside the record warranting a new trial.
Criminal Law and Procedure 1DCA/1 May 23, 2024
U.S. v. Cloud
Failure of prosecutors to disclose communications between key witness and prosecution regarding her providing testimony in exchange for financial benefits was a violation of the accused's due process rights.
Criminal Law and Procedure 9th May 22, 2024
People v. Carter
Remand was appropriate to determine whether defendant subject to petition to commit him as a sexually violent predator was entitled to disqualification of his counsel due to alleged ineffective assistance.
Criminal Law and Procedure CASC May 21, 2024
People v. Ellis
Criminal defendant who stipulated to upper term at original sentencing was not entitled to full resentencing with the middle term as the presumptive default sentence.
Criminal Law and Procedure 2DCA/6 May 16, 2024
D.K. v. Office of Administrative Hearings
Criminal defendants who are incompetent to stand trial are eligible for administrative mandamus writ relief from involuntary medication orders.
Criminal Law and Procedure 1DCA/3 May 15, 2024
People v. Arias
Prosecution's peremptory strike of a Black, female prospective juror for facially neutral reasons that were unsupported or implausible did not withstand scrutiny and required reversal.
Criminal Law and Procedure 1DCA/1 May 14, 2024
U.S. v. Duarte
Federal statute banning non-violent convicts from possessing firearms violated defendant's Second Amendment rights.
Constitutional Law, Criminal Law and Procedure 9th May 10, 2024