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U.S. v. Raygoza-Garcia
Reviewing court must give 'due weight' to border patrol agents' inferences when considering whether agents possessed reasonable suspicion to stop vehicle. 		Criminal Law and Procedure 9th Sep. 4, 2018
People v. Tapia
Counsel's assistance was not ineffective where trial court and counsel both made advisements to defendant about the immigration consequences of his plea and defendant stated he understood. 		Criminal Law and Procedure California Courts of Appeal Sep. 4, 2018
People v. Macias
A trial court properly found that a defendant was not entitled to a jury instruction of a lesser included offense where it was inconsistent with the primary function of the accusatory pleading test, under U.S. Supreme Court precedent in 'People v. Montoya.' 		Criminal Law and Procedure 1DCA/1 Sep. 4, 2018
People v. Rodriguez
Prosecutor asserting facts not in evidence to bolster witness credibility during closing arguments commits reversible error. 		Criminal Law and Procedure 5DCA Aug. 31, 2018
People v. Martin
Prop 47 can 'only stretch so far before it will unravel;' does not provide relief to defendant seeking recall of felony conviction for conspiracy to commit petty theft. 		Criminal Law and Procedure 2DCA/6 Aug. 30, 2018
Modification: People v. Bilbrey
Dismissal for violation of speedy trial right not abuse of discretion where People appeal retrial grant after habeas ruling, but fail to attempt to stay lower court proceedings. 		Criminal Law and Procedure 1DCA/2 Aug. 29, 2018
People v. Aguayo
Assault with force likely to produce great bodily injury is not a lesser included offense of assault with a deadly weapon because the latter could be applied without producing great bodily injury. 		Criminal Law and Procedure 4DCA/1 Aug. 28, 2018
People v. Reardon
Trial court errs by excluding expert testimony proffered by defendant seeking to demonstrate arresting officers applied excessive force. 		Criminal Law and Procedure 3DCA Aug. 28, 2018
People v. Gonzales
Penal Code Section 473(b) only precludes reducing forgery to a misdemeanor if the defendant has been convicted of identity theft in connection with forgery; accordingly, the offenses must be related. 		Criminal Law and Procedure 3DCA Aug. 28, 2018
People v. Corder
A trial court correctly convicted a defendant who evaded law enforcement in pursuit on a private road, because the rules of the road also apply when a pursuit occurs on a private road. 		Criminal Law and Procedure 3DCA Aug. 27, 2018
People v. Eastman
Sex Offender Registration Act is meant to provide 'standardized, statewide system;' thus, trial court lacks discretion to truncate applicability of registration requirement to within voyeur's probationary period. 		Criminal Law and Procedure 6DCA Aug. 27, 2018
Modification: People v. Nuno
Required 'nexus element' of deadly weapon probation prohibition lacking in hit-and-run case; defendant was not using car as deadly weapon when fleeing scene of collision. 		Criminal Law and Procedure 4DCA/1 Aug. 27, 2018
People v. Jones
Under the totality of the circumstances, defendant's waiver of a jury trial did not affirmatively show it was knowing, intelligent and voluntary because the court only made a bare two-question inquiry. 		Criminal Law and Procedure 2DCA/7 Aug. 24, 2018
U.S. v. Bankston
U.S. Sentencing Guidelines not subject to void for vagueness challenges. 		Criminal Law and Procedure 9th Aug. 24, 2018
People v. Ho
Court did not err in admitting evidence of defendant's drug use and lack of sleep night before fatal car crash; though evidence was not meant to show defendant's impairment at the time of crash, it could demonstrate 'continuous course of conduct' evincing gross negligence. 		Criminal Law and Procedure 1DCA/3 Aug. 23, 2018
In re Pangang Group Co., Ltd.
Federal Rule of Criminal Procedure 4(c)(3)(D)'s enumerated list simply gives the government the benefit of a presumption and does not limit the scope of 'by any other means that gives notice.' 		Criminal Law and Procedure 9th Aug. 23, 2018
U.S. v. Vasquez-Gonzalez
The mens rea requirement for California Penal Code Section 245(a)(1) is a categorical match to 18 U.S.C. Section 16(a) and thus qualifies as a crime of violence. 		Criminal Law and Procedure 9th Aug. 23, 2018
People v. Jackson
Where proof cannot demonstrate beyond reasonable doubt that jury relied on legally-correct theory to convict defendant of felony car theft, reversal required. 		Criminal Law and Procedure 1DCA/1 Aug. 22, 2018
People v. Lopez
Penal Code section 459.5 does not restrict a prosecutor's ability to charge another theft offense when the element of intent upon entering the commercial establishment is absent or in question. 		Criminal Law and Procedure 5DCA Aug. 22, 2018
U.S. v. McCarns
Trial court references to local codes, which correspond to federal statutory factors permitting delay of trial's beginning past otherwise mandatory 70-day cutoff, sufficient bases for granting continuances. 		Criminal Law and Procedure 9th Aug. 22, 2018
U.S. v. Guizar-Rodriguez
Battery committed with the use of a deadly weapon under Nevada law is categorically a crime of violence and thus, defendant's conviction for illegal reentry was affirmed. 		Criminal Law and Procedure 9th Aug. 20, 2018
In re Avignone
Under 'In re Humphrey,' when considering a bail amount, the court must look to the availability of funds and must not consider a hypothetical situation based on the charged crimes. 		Criminal Law and Procedure 4DCA/1 Aug. 17, 2018
People v. Zepeda
Sufficient evidence supports conviction of sexual abuse of a child by force where size differential and other contextual factors suggest crimes were effected by duress. 		Criminal Law and Procedure 1DCA/4 Aug. 17, 2018
Modification: People v. Case
Restitution fine reduced by amount of requisite direct victim restitution payment pursuant to Government Code former Section 13967(c), which was in effect at time of victim's crimes. 		Criminal Law and Procedure CASC Aug. 17, 2018
Modification: People v. Lopez
Murder conviction and corresponding death sentence affirmed where court does not err in allowing character evidence of defendant's prior commission of welfare fraud to rebut defendant's broad testimony of allegedly good character. 		Criminal Law and Procedure CASC Aug. 17, 2018
Heidary v. Superior Court
A writ of prohibition was correctly denied where due process was satisfied; defendant was provided with adequate notice of the charges against him. 		Criminal Law and Procedure 4DCA/2 Aug. 16, 2018
Johnson v. Montgomery
District court properly denied habeas petition where enhancement based on non-jury juvenile proceeding does not violate 'clearly established federal law.' 		Criminal Law and Procedure 9th Aug. 16, 2018
People v. Nuno
Required 'nexus element' of deadly weapon probation prohibition lacking in hit-and-run case; defendant was not using car as deadly weapon when fleeing scene of collision. 		Criminal Law and Procedure 4DCA/1 Aug. 15, 2018
People v. Williams
Defendant may be found guilty of resisting arrest, even where officer subsequently uses excessive force to effect the arrest, so long as initial act of resistance occurs first. 		Criminal Law and Procedure 6DCA Aug. 15, 2018
People v. McKenzie
When probation is granted and imposition of sentence is suspended, a judgment is not final and new amendments apply retroactively. 		Criminal Law and Procedure 5DCA Aug. 14, 2018
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