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Name Category Published
People v. Wismer
Juror's experiment comparing other juror's reaction to false accusation of wrongdoing to defendant's reaction to accusations constitutes misconduct requiring reversal of convictions. 		Criminal Law and Procedure Apr. 24, 2017
U.S. v. Rivera-Muniz
California's manslaughter statute matches generic definition of manslaughter and is therefore categorically a crime of violence under United States Sentencing Guidelines. 		Criminal Law and Procedure Apr. 21, 2017
In re Edward B.
Where no evidence shows ward's relationship to gang activity or gangs, probation condition forbidding his association with known gang members is improper. 		Criminal Law and Procedure Apr. 21, 2017
Manrique v. United States
Failure to file second notice of appeal after entry of amended judgment constitutes forfeiture of claim under Federal Rule of Appellate Procedure 4. 		Criminal Law and Procedure Apr. 20, 2017
People v. Armijo
Where defendant makes clear in letter to court that he wishes to replace an ineffective court-appointed attorney, court's decision not to hold hearing addressing request was in error. 		Criminal Law and Procedure Apr. 20, 2017
People v. Bryant
Electronics search condition stricken from offender's term of mandatory supervision where it has no relation to crime of conviction, possessing concealed weapon in vehicle. 		Criminal Law and Procedure Apr. 19, 2017
People v. Antonio
Sentencing judge is not required to order Department of Corrections and Rehabilitation to make prisoner available to foreign jurisdiction to serve concurrent sentence. 		Criminal Law and Procedure Apr. 19, 2017
People v. Becerrada
Lying-in-wait circumstance in error, as evidence does not support theory that defendant knew victim would not drop rape charges against him before calling her to his house where he attacked her. 		Criminal Law and Procedure Apr. 18, 2017
In re Trejo
Youth offender's incarceration may not be extended beyond time he is found suitable for parole under Penal Code Section 3051 based on his commission of in-prison offense. 		Criminal Law and Procedure Apr. 17, 2017
People v. Lua
Court's remarks during sentencing suggesting it may not have properly understood scope of its sentencing discretion results in remand for resentencing. 		Criminal Law and Procedure Apr. 17, 2017
United States v. Davis
Sex crime charge presented to grand jury requiring knowledge of victim's age later presented to trial jury as requiring mere opportunity to observe victim's age is reversible constructive amendment. 		Criminal Law and Procedure Apr. 17, 2017
People v. Paz
Penetration past the buttocks and into the perianal area is threshold for sexual penetration requirement of forcible sodomy, as statutory definition of object penetration applies to sodomy. 		Criminal Law and Procedure Apr. 17, 2017
Hedlund v. Ryan
Reversal of district court's denial of petitioner's writ of habeas corpus required due to Arizona Supreme Court's unconstitutional application of 'causal nexus' test. 		Criminal Law and Procedure Apr. 14, 2017
People v. Bechtol
Vehicle Code Section 41403 merely establishes procedural rules for prior conviction challenge, does not independently authorize ineffective assistance of counsel challenge to prior DUI conviction. 		Criminal Law and Procedure Apr. 14, 2017
In re Rhoades
Improper grant of relief in prisoner's favor on habeas petition due to failure to hold evidentiary hearing on disputed factual issues results in reversal and remand. 		Criminal Law and Procedure Apr. 13, 2017
Inland Counties Regional Center v. Superior Court (Barajas)
Inland Counties Regional Center not in contempt for failing to perform court-ordered placement evaluation where defendant had not yet been found to have developmental disability. 		Criminal Law and Procedure Apr. 12, 2017
People v. Douglas
Failure to consider prosecutor's sexual-orientation-based reason for excusing potential jurors results in remand so that court can apply proper 'mixed-motive' analysis. 		Criminal Law and Procedure Apr. 12, 2017
U.S. v. Crooked Arm
Defendants fail to overturn reimposition of felony sentences for convictions for violating Migratory Bird Treaty Act under 'law of the case.' 		Criminal Law and Procedure Apr. 12, 2017
People v. Sharpe
Restitution award improper where trial court used both truck's fair market value and costs of repair in calculating award, resulting in windfall to victim. 		Criminal Law and Procedure Apr. 11, 2017
Nasby v. McDaniel
Failure of habeas court to obtain or review record of state court proceedings requires remand so that court may conduct proper independent review. 		Criminal Law and Procedure Apr. 11, 2017
People v. Tovar
Substantial evidence supports gang enhancement, where defendant conspired to commit murder to benefit gang subset and not just larger umbrella gang. 		Criminal Law and Procedure Apr. 11, 2017
People v. Sloat
Petition to designate felony petty theft conviction to misdemeanor improperly denied due to trial court's erroneous application of misdemeanor shoplifting statute. 		Criminal Law and Procedure Apr. 11, 2017
People v. Martinez
Failure to instruct jury on 'scienter' requirement for commodities fraud conviction is harmless where court addressed requirement to find 'willful' misrepresentations to investors. 		Criminal Law and Procedure Apr. 10, 2017
U.S. v. Arriaga-Pinon
Sentence enhancement based on prior California theft conviction overturned where record of conviction does not establish offender was convicted of aggravated felony theft offense. 		Criminal Law and Procedure Apr. 10, 2017
People v. Truong
Banker cannot be convicted of both fraudulent possession of access card information and receiving stolen property based on possession of her neighbors' credit cards. 		Criminal Law and Procedure Apr. 7, 2017
People v. Parrott
Trial court's acceptance of vague invocation of right to self-representation is harmless error, as defendant's counsel only absent at sentencing hearing, deemed a formality. 		Criminal Law and Procedure Apr. 6, 2017
People v. Scott
Exclusion of defendant's family during portion of trial violated his constitutional right to public trial, resulting in reversal of convictions on affected counts. 		Criminal Law and Procedure Apr. 6, 2017
U.S. v. Gasca-Ruiz
District court's application of Sentencing Guidelines to facts of a case are generally reviewed for abuse of discretion, resolving intra-circuit conflict over proper standard of review. 		Criminal Law and Procedure Apr. 6, 2017
People v. Bryant
Electronics search condition stricken from offender's term of mandatory supervision where it has no relation to crime of conviction, possessing concealed weapon in vehicle. 		Criminal Law and Procedure Apr. 5, 2017
People v. Rascon
Person sentenced prior to enactment of Proposition 64 for possession of marijuana for sale whose judgment is not yet final is not automatically entitled to reduction of punishment. 		Criminal Law and Procedure Apr. 5, 2017
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