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People v. Brooks
Multiple claims of error unavailing, resulting in affirmed convictions and death sentence in first degree murder case.
Criminal Law and Procedure Mar. 21, 2017
People v. Garcia
Probation condition mandated as part of sex offender management program, including waiver of privilege against self-incrimination and required participation in polygraph examinations, found constitutional.
Criminal Law and Procedure Mar. 21, 2017
People v. Merritt
Failure to instruct on all elements of robbery not reversible error under 'Neder,' as attorneys addressed elements and defendant concede to fact that crime occurred.
Criminal Law and Procedure Mar. 21, 2017
People v. Mejia
Sentence for husband who tortured, raped, and assaulted wife over three-month period must be modified pursuant to Penal Code Section 654.
Criminal Law and Procedure Mar. 20, 2017
People v. Cuiriz
27 year to life sentence for defendant who shot at her father's attackers is 'cruel and unusual' in light of defendant's mental state and lighter sentence for first degree murder under California law.
Criminal Law and Procedure Mar. 17, 2017
People v. Stapleton
Elderly thief with lengthy criminal history fails to challenge constitutionality of residency and Target stay-away probation conditions.
Criminal Law and Procedure Mar. 17, 2017
People v. Call
Sentence enhancements overturned because they were based on prior felony theft convictions that had been redesignated as misdemeanors under Prop. 47 prior to defendant's sentencing.
Criminal Law and Procedure Mar. 16, 2017
People v. Cuiriz
27 year to life sentence for defendant who shot at her father's attackers is 'cruel and unusual' in light of defendant's mental state and lighter sentence for first degree murder under California law.
Criminal Law and Procedure Mar. 15, 2017
People v. Salas
Residential security expenses not recoverable as restitution where husband's conviction for bashing wife's head against floor did not constitute violent felony.
Criminal Law and Procedure Mar. 15, 2017
U.S. v. Rodriguez
Drug trafficker's motion to suppress wiretap evidence properly denied although district judge erred in reviewing affidavits under wrong standard where wiretaps were necessary.
Criminal Law and Procedure Mar. 15, 2017
U.S. v. Job
Failure to suppress unlawfully obtained evidence results in vacated conviction for possession with intent distribute methamphetamine.
Criminal Law and Procedure Mar. 15, 2017
U.S. v. Perkins
Reckless omission of material information from search warrant application results in reversal of conviction of receipt of child pornography.
Criminal Law and Procedure Mar. 14, 2017
U.S. v. Martinez
Judge's failure to consult defendant's counsel before responding to jury note violates defendant's statutory and constitutional rights, resulting in vacated sentence and remand.
Criminal Law and Procedure Mar. 13, 2017
People v. Cook
Prior strike conviction for assault to commit rape does not automatically render petitioner ineligible for resentencing under Three Strikes Reform Act.
Criminal Law and Procedure Mar. 13, 2017
People v. Reese
Denial of indigent criminal defendant's request for additional transcripts from prior trial does not warrant reversal where denial was only partial.
Criminal Law and Procedure Mar. 10, 2017
People v. Villa-Gomez
Evidence regarding defendant's gang membership obtained during booking for immigration hold permissible under <EM>Innis</EM> in criminal case as information was obtained before criminal act.
Criminal Law and Procedure Mar. 10, 2017
U.S. v. Pollard
Forfeiture is proper when conviction for aggravated identity theft is premised on a proven or admitted violation of predicate offense that is enumerated in civil forfeiture statute.
Criminal Law and Procedure Mar. 9, 2017
People v. Garcia
Jury's gang enhancement true finding is supported by sufficient evidence, given substantial evidence that larger gang is comprised of two gang subsets.
Criminal Law and Procedure Mar. 8, 2017
U.S. v. Sims
Special condition of supervised release which prohibits defendant from using synthetic forms of marijuana survives vagueness challenge.
Criminal Law and Procedure Mar. 8, 2017
People v. Vega-Robles
Though admission of some of gang experts' testimony violated 'Sanchez,' error was harmless given abundant evidence of defendant's gang membership and leadership status.
Criminal Law and Procedure Mar. 8, 2017
Beckles v. United States
United States Sentencing Guidelines are not subject to vagueness challenges under Due Process Clause, resolving conflict regarding applicability of 'Johnson v. United States.'
Criminal Law and Procedure Mar. 7, 2017
Rippo v. Baker
Petitioner asserting bias claim involving trial judge that was being federally investigated for bribery need not show actual bias to warrant judge's recusal.
Criminal Law and Procedure Mar. 7, 2017
People v. Lara
Circumstantial evidence placing defendant in location of homicide does not support conviction for first degree murder as an abettor.
Criminal Law and Procedure Mar. 7, 2017
People v. Shorts
Evidence from prior sexual offense in which defendant forced victim to perform sexual acts at gunpoint appropriately admitted in sexual offense case similar to prior conviction.
Criminal Law and Procedure Mar. 7, 2017
U.S. v. Vazquez-Hernandez
Conviction for attempted illegal reentry overturned due to faulty instructions that omitted essential element of 'free from official restraint,' which constituted plain error.
Criminal Law and Procedure Mar. 6, 2017
People v. S.M.
Fraud-based charges properly dismissed 'in furtherance of justice' considering defendant's professional background, lack of criminal record, 'unfairness' of the four-year process, and other factors.
Criminal Law and Procedure Mar. 3, 2017
Robertson v. Pichon
Under deferential AEDPA standard, appellate court finds reasonable state court interpretation that request to take blood-alcohol chemical test does not constitute 'custodial interrogation' under 'Edwards.'
Criminal Law and Procedure Mar. 3, 2017
People v. Valenzuela
Does a conviction for active gang participation in violation of Penal Code section 186.22, subdivision (a), which requires that the defendant willfully promote, further, or assist in any felonious criminal conduct of the gang, remain valid when the underlying conduct in question was reduced from a felony to a misdemeanor pursuant to Proposition 47?
Criminal Law and Procedure CASC Mar. 3, 2017
People v. Vandiver
Following passage of Proposition 47, value of blank check is de minimis for purposes of distinguishing between misdemeanor and felony receiving stolen property.
Criminal Law and Procedure Mar. 2, 2017
People v. Icke
Victim does not need to consent to sexual act for conviction of sexual penetration by fraudulent misrepresentation of professional purposes.
Criminal Law and Procedure Mar. 2, 2017