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U.S. v. Hernandez
Conviction for illegal transportation of firearms into defendant's state of residence reversed, where it is unclear whether jury actually found defendant willfully committed charged conduct.
Criminal Law and Procedure Jun. 15, 2017
People v. Smith
On remand, appellate court finds no error in admitting defendant's statements that inculpates co-defendant in light of 'People v. Smith,' warranting affirmance of co-defendant's murder conviction.
Criminal Law and Procedure Jun. 13, 2017
People v. Wilford
Prosecutor's request to increase defendant's sentence after jury returned its verdict violated defendant's due process, warranting reversal and remand.
Criminal Law and Procedure Jun. 13, 2017
Virginia v. LeBlanc
In narrow context presented, juvenile nonhomicide offender not entitled to habeas relief from life sentence where Virginia's 'geriatric release' program complied with mandates of 'Graham.'
Criminal Law and Procedure Jun. 12, 2017
U.S. v. Brown
Where defendant is tried for publishing 'notice' or 'advertisement' of child pornography on members-only online bulletin board, he is not foreclosed by law from making defense that board's closed nature renders posting not a 'notice' or 'advertisement.'
Criminal Law and Procedure Jun. 12, 2017
U.S. v. Gorman
Where initial traffic stop violates Fourth Amendment, subsequent stop arranged by initial officer via telephone is causally related to the first and its fruits must be suppressed.
Criminal Law and Procedure Jun. 12, 2017
People v. Sperling
Masseur who sexually victimized 'special needs' victim fails to challenge eight-year sentence; 'fortunate' not to receive maximum 10-year term of imprisonment.
Criminal Law and Procedure Jun. 11, 2017
People v. Ubaldo
Defendant fails to overturn conviction for illegally importing weapons into the U.S. by arguing that the relevant substantive statutes did not apply extraterritorially.
Criminal Law and Procedure Jun. 11, 2017
In re Snyder
State Dept. of Hospitals improperly 'undesignated' psychologist's SVP evaluation report and failed to follow dictates of Welfare and Institutions Code Section 6601, warranting remand.
Criminal Law and Procedure Jun. 11, 2017
In re Bell
Habeas petition denied in case involving alleged misconduct by holdout juror who allegedly solicited her husband's advice during penalty deliberations.
Criminal Law and Procedure Jun. 8, 2017
People v. Campbell
Prosecutor's reference to defendant's post-Miranda silence is fair response to defendant's trial testimony that he fully cooperated with police.
Criminal Law and Procedure Jun. 8, 2017
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