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U.S. V. Brito
Time served in state custody is part of defendant’s ‘term of imprisonment’ where defendant motions for sentence reduction. 		Criminal Law and Procedure 9th Aug. 23, 2017
Order and Amended Opinion: U.S. v. Job
Failure to suppress unlawfully obtained evidence results in vacated conviction for possession with intent distribute methamphetamine. 		Criminal Law and Procedure 9th Aug. 22, 2017
Clayton v. Biter
Defendant’s habeas petition challenging denial of state court’s resentencing petition is not subject to ‘second or successive petition’ bar under 28 U.S.C. Section 2244(b). 		Criminal Law and Procedure 9th Aug. 22, 2017
U.S. V. Jesus Castillo-Mendez
In an attempted illegal reentry case, a supplemental jury instruction that incorrectly relies on ‘found in’ illegal re-entry cases instead of attempted illegal re-entry cases is confusing and erroneous. 		Criminal Law and Procedure 9th Aug. 22, 2017
People v. Button
Trial court need not issue ‘Boykin-Tahl’ admonition prior to accepting stipulation supporting serious felony allegations where stipulation carried no immediate penal consequences for defendant. 		Criminal Law and Procedure 4DCA/1 Aug. 21, 2017
People v. Pennington
Failure of People to prove battery victim was in fact a peace officer results in reversal of defendant’s conviction for battery on a peace officer. 		Criminal Law and Procedure CASC Aug. 18, 2017
In re Trever P.
Mother’s surreptitious recording of her minor son and his abuser properly admitted under exception from Penal Code Section 633.5. 		Criminal Law and Procedure 5DCA Aug. 16, 2017
People v. Pineda
Section 4 of the Public Safety and Rehabilitation Act of 2016 applies retroactively to juvenile defendants convicted of murder. 		Criminal Law and Procedure 2DCA/5 Aug. 16, 2017
People v. Financial Casualty & Surety Inc.
Surety entitled to relief from bond forfeiture where defendant was placed in custody within 185-day appearance period and surety took reasonable steps to seek relief. 		Criminal Law and Procedure 1DCA/3 Aug. 14, 2017
People v. Brown
Defendant unsuccessful in challenging conviction for human trafficking, where Proposition 35 does not prohibit treating victim as uncharged coconspirator under coconspirator exception to hearsay rule. 		Criminal Law and Procedure 3DCA Aug. 14, 2017
U.S. v. Smith
Relators’ motion to intervene in criminal action properly denied, where False Claim Act’s ‘alternate remedy’ provisions do not permit intervention. 		Criminal Law and Procedure 9th Aug. 11, 2017
People v. Financial Casualty and Surety Inc.
Surety fails to vacate bond forfeiture following criminal defendant’s second failure to appear where defendant’s alleged deportation did not render defendant ‘permanently disabled.’ 		Criminal Law and Procedure 1DCA/4 Aug. 10, 2017
Harris v. Superior Court (People)
Order requiring payment of restitution is ‘significant adverse collateral consequence’ entitling petitioner to appointed counsel on appeal. 		Criminal Law and Procedure 3DCA Aug. 10, 2017
Greenway v. Ryan
Convicted murderer properly denied habeas relief where neither state Supreme Court nor trial court applied impermissible causal-nexus test to exclude mitigating evidence. 		Criminal Law and Procedure 9th Aug. 9, 2017
Order and Amended Opinion: Andres v. Marshall
Prisoner is deemed to have exhausted available administrative remedies when prison officials fail to respond to his grievance, thus permitting excessive force action to proceed. 		Criminal Law and Procedure 9th Aug. 9, 2017
People v. Echavarria
First-degree murder conviction overturned due to juror misconduct where several jurors discussed extraneous information concerning sufficient punishment for defendant during guilt phase of trial. 		Criminal Law and Procedure California Courts of Appeal Aug. 4, 2017
People v. Gandy
Upon reconsideration, defendant still unsuccessful in challenging prior out-of-state convictions, where plea was voluntary and intelligent under totality of the circumstances. 		Criminal Law and Procedure California Courts of Appeal Aug. 4, 2017
Modification: People v. Roberts
Answers regarding gang affiliation elicited during arrest intake, prior to 'Miranda' warnings, may not be admitted to substantiate gang affiliation enhancement. 		Criminal Law and Procedure California Courts of Appeal Aug. 4, 2017
People v. Singh
A court may consider the credibility and materiality of newly discovered evidence when ruling on a retrial motion that is based on new evidence. 		Criminal Law and Procedure California Courts of Appeal Aug. 3, 2017
USA V. Leon Seminole
Court may compel a spouse to testify against his or her spouse where testifying spouse is a victim of defendant’s crime. 		Criminal Law and Procedure 9th Aug. 1, 2017
People v. Arredondo
Convicted sex offender unsuccessful in arguing that his Sixth Amendment right to confrontation was violated during his trial by allowing witnesses to testify obscured by computer monitor. 		Criminal Law and Procedure California Courts of Appeal Jul. 31, 2017
U.S. v. Martinez-Lopez
Health and Safety Code Section 11352 divisible, proper to use modified categorical approach to apply sentencing enhancement as to defendant that admitted to selling cocaine during plea. 		Criminal Law and Procedure 9th Jul. 31, 2017
People v. Casillas
A person who suffers super strike conviction at any time before trial court rules on his or her Proposition 47 reclassification petition is disqualified from reclassification. 		Criminal Law and Procedure California Courts of Appeal Jul. 27, 2017
In re Palmer
Board of Parole Hearing’s failure to calculate petitioner’s base and adjusted base terms entitles petitioner to new parole hearing. 		Criminal Law and Procedure California Courts of Appeal Jul. 27, 2017
People v. DeLeon
Changes to parole revocation process brought on by Realignment Act does not abrogate need for preliminary hearing required under *Morrissey.* 		Criminal Law and Procedure CASC Jul. 25, 2017
P. v. Estrada
Court may rely on ‘facts underlying previously dismissed counts’ when denying Prop 36 resentencing petitions. 		Criminal Law and Procedure CASC Jul. 25, 2017
People v. Bloomfield
Access card forgery is not eligible for Prop 47 relief where ‘access card forgery’ is not included in the ‘clear and unambiguous’ statutory language. 		Criminal Law and Procedure California Courts of Appeal Jul. 24, 2017
People v. Jones
Where exclusion of hearsay is error harmless beyond reasonable doubt, death penalty conviction upheld. 		Criminal Law and Procedure Jul. 21, 2017
People v. Roberts
Answers regarding gang affiliation elicited during arrest intake, prior to 'Miranda' warnings, may not be admitted to substantiate gang affiliation enhancement. 		Criminal Law and Procedure California Courts of Appeal Jul. 20, 2017
County of Los Angeles v. Allegheny Casualty Company
A court issuing subsequent extension orders under Penal Code Section 1305 is limited to issuing those orders within 180 days from the initial extension order. 		Criminal Law and Procedure California Courts of Appeal Jul. 20, 2017
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