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U.S. v. Simon
Section 2X1.1 of Sentencing Guidelines properly applied to determine relevant sentencing enhancements for conspiracy to commit robbery under Hobbs Act.
Criminal Law and Procedure Jun. 8, 2017
People v. Fortin
'Abel Assessment for Sexual Interest' test properly excluded in child molestation trial for want of acceptance by scientific community.
Criminal Law and Procedure Jun. 7, 2017
People v. Ruffin
Invalid 'Faretta' waiver results in reversal of assault-related convictions.
Criminal Law and Procedure Jun. 7, 2017
People v. Moore
Criminal laboratory analysis testing fee constitutes fine or penalty subject to penalty assessments under Penal Code Section 1464 and Government Code Section 17600.
Criminal Law and Procedure Jun. 7, 2017
People v. Nguyen
Evidence of child pornography properly suppressed where search of defendant's residence exceeds scope of warrant and probable cause lacking.
Criminal Law and Procedure Jun. 7, 2017
People v. Woods
Sentencing court erred in departing from parties' plea agreement by terminating probation based on improper calculation of defendant's custody credits.
Criminal Law and Procedure Jun. 7, 2017
U.S. v. Hankins
Defendant may not discharge restitution judgment based on private settlement with victim; court, meanwhile, has authority to redirect restitution payments to Crime Victims Fund.
Criminal Law and Procedure Jun. 6, 2017
Honeycutt v. United States
Criminal forfeiture statute does not permit joint and several liability for forfeiture judgments.
Criminal Law and Procedure Jun. 5, 2017
People v. Parker
'Bedroom Basher' unsuccessful in challenging death sentence stemming from string of 1970s home-invasion rape murders.
Criminal Law and Procedure Jun. 5, 2017
People v. Calistro
'Taking and receiving doctrine' does not bar conviction of both driving stolen car and receiving stolen property within it.
Criminal Law and Procedure Jun. 4, 2017
People v. Gonzalez
Gang member's nonverbal, threatening gestures that are unaccompanied by words or sound cannot support criminal threat charges under Penal Code Section 422.
Criminal Law and Procedure Jun. 2, 2017
People v. Gutierrez
Wrongful denial of 'Batson/Wheeler' motion that alleged discriminatory exclusion of Hispanic juror results in reversal of convictions.
Criminal Law and Procedure Jun. 2, 2017
U.S. v. Orozco
Stop of tractor-trailer was unconstitutional pretextual stop not justified under administrative search doctrine.
Criminal Law and Procedure Jun. 2, 2017
U.S. v. Pimentel-Lopez
In drug possession and conspiracy case, jury's special finding that quantity of drugs was less than 50 grams is dispositive and cannot be contradicted by court.
Criminal Law and Procedure Jun. 2, 2017
People v. Zamudio
District attorney's ability to petition for parole revocation without completing certain procedural steps as required of supervision parole agencies, does not violate equal protection.
Criminal Law and Procedure Jun. 1, 2017
People v. Nguyen
Criminal defendant had 'present ability' to strike officers with samurai sword although he stood 10 to 15 feet away from them, supporting his conviction.
Criminal Law and Procedure Jun. 1, 2017
U.S. v. Sanchez-Gomez
District court's policy of routinely shackling all pretrial detainees in the courtroom is unconstitutional.
Criminal Law and Procedure Jun. 1, 2017
County of Los Angeles, California v. Mendez
Ninth Circuit's 'provocation rule' in determining whether force used in making seizure complies with Fourth Amendment incompatible with U.S. Supreme Court excessive force jurisprudence.
Criminal Law and Procedure May 31, 2017
U.S. v. Kovall
Neither the Mandatory Victims Restitution Act nor Due Process confer on non-party victims the right to appeal restitution order.
Criminal Law and Procedure May 31, 2017
People v. Patterson
Receipt of statutory advisement regarding possible adverse immigration consequences of criminal conviction does not categorically bar defendant from seeking to withdraw plea.
Criminal Law and Procedure May 30, 2017
People v. Martinez
Hit-and-run driver does not have to pay direct victim restitution where he was never found responsible for accident that resulted in victim's traumatic brain injury.
Criminal Law and Procedure May 26, 2017
People v. Pou
Motion to suppress drug evidence seized pursuant to warrantless entry and search of home properly denied based on emergency aid exception to warrant requirement.
Criminal Law and Procedure May 24, 2017
People v. Cervantes
Defendant's motion to suppress drug evidence found in his vehicle properly denied, where his passenger's status as probationer justifies search.
Criminal Law and Procedure May 22, 2017
People v. Fernandez
Juvenile adjudications may disqualify petitioner from Prop 47 resentencing relief, if conditions in Penal Code Section 667(d) are met.
Criminal Law and Procedure May 22, 2017
People v. Roa
Expert witnesses may not testify to specific facts contained in defendant's medical and police records during sexually violent predator commitment proceeding, as documents not part of record.
Criminal Law and Procedure May 19, 2017
People v. Marquez
Juvenile homicide offender not entitled to procedural changes brought on by passage of Prop. 57, which eliminated 'direct filing' of serious felony cases in adult court.
Criminal Law and Procedure May 18, 2017
People v. Hudson
Appellant unsuccessful in challenging the definition of 'force' that found the momentum of a stolen car satisfied the statutory requirement.
Criminal Law and Procedure May 18, 2017
Davies v. Benov
Waiver provision in plea agreement bars challenge to use of federal funds to incarcerate defendant for conduct that allegedly complied with California's medical marijuana laws.
Criminal Law and Procedure May 18, 2017
People v. Edwards
Defendant unsuccessful in challenging use of suppressed statements during sanity phase of trial to impeach experts on cross-examination.
Criminal Law and Procedure May 17, 2017
People v. Zamora
Defendant's juvenile adjudication for sexual battery is not a prior conviction disqualifying him from misdemeanor sentencing on current drug possession offense under Proposition 47.
Criminal Law and Procedure May 16, 2017