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Name Category Published
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
People v. Webb
Williamson rule inapplicable where violation of Section 530.5 cannot follow from violation of Section 148.9 and Vehicle Code Section 31; penalty assessments inapplicable to non-punitive fees; court must establish finding of defendant’s ability to pay attorney fees. 		Criminal Law and Procedure California Courts of Appeal Jul. 14, 2017
People v. Jeffrey G.
Defendant erroneously denied transfer to conditional release program pursuant to ‘Sanchez,’ which substantially limited expert testimony on case-specific hearsay evidence. 		Criminal Law and Procedure California Courts of Appeal Jul. 14, 2017
People v. Carothers
Inmate’s out-of-state murder conviction is not ineligible for Prop 36 resentencing, where Texas conviction ‘might not have been a murder’ under California law. 		Criminal Law and Procedure California Courts of Appeal Jul. 13, 2017
People v. Turner
Evidence of defendant’s prior arrest properly admitted to impeach his claim that police ‘planted’ loaded firearm and ammunition in his duffel bag. 		Criminal Law and Procedure California Courts of Appeal Jul. 12, 2017
U.S. v. Chavez-Cuevas
Sixteen-level sentence enhancement against repeat illegal border-crosser upheld where his prior robbery conviction in California constituted categorical crime of violence. 		Criminal Law and Procedure 9th Jul. 11, 2017
Menefield v. Board of Parole Hearings
Life inmate unsuccessfully challenges regulation allowing parole board to consider ‘serious misconduct in prison or jail’ in determining suitability for parole. 		Criminal Law and Procedure California Courts of Appeal - 3rd District Jul. 10, 2017
In re Taitano
Under specific circumstances of defendant’s case, Penal Code Section 1368 does not authorize trial court to hold new hearing on defendant’s mental competence. 		Criminal Law and Procedure California Courts of Appeal - 1st District Jul. 7, 2017
U.S. v. Ochoa
Illegal reentry conviction overturned where underlying removal was based on prior conviction that did not categorically qualify as predicate offense. 		Criminal Law and Procedure 9th Jul. 7, 2017
Visciotti v. Martel
Regardless of whether petitioner's ineffective assistance of counsel claim are meritorious, Supreme Court's prior decision in case at hand precludes relief. 		Criminal Law and Procedure 9th Jul. 7, 2017
U.S. v. Padilla-Diaz
Defendants’ motion to reduce sentences properly denied pursuant to Sentencing Commission’s Policy Statement where policy neither conflicted with Commission’s purpose nor violated equal protection. 		Criminal Law and Procedure 9th Jul. 6, 2017
Petrocelli v. Baker
Death sentence reversed in case where admission of psychiatric testimony during penalty phase violated defendant’s constitutional rights under ‘Estelle v. Smith.’ 		Criminal Law and Procedure 9th Jul. 6, 2017
People v. Resendez
Gang enhancement properly imposed where defendant’s own character witnesses provided direct evidence of connection between gang and subsets that ‘Prunty’ required. 		Criminal Law and Procedure California Courts of Appeal - 2nd District Jul. 5, 2017
U.S. v. Zapien
Drug offender’s suppression motion properly denied where questioning that followed his invocation of right to counsel fell under booking exception to ‘Miranda.’ 		Criminal Law and Procedure 9th Jul. 5, 2017
People v. Valencia
Proposition 47’s definition of ‘unreasonable risk of danger to public safety’ under Penal Code Section 1170.18(c), does not apply to Three Strikes Reform Act resentencing petitions. 		Criminal Law and Procedure CASC Jul. 5, 2017
Hall v. Haws
Petitioner convicted of first degree murder successful in reopening his case under Federal Rule of Civil Procedure Rule 60(b)(6) and in obtaining habeas relief. 		Criminal Law and Procedure 9th Jul. 5, 2017
People v. Hopson
Admission of alleged co-perpetrator’s confession post-death violates defendant’s Sixth Amendment’s right to confront witnesses against her, resulting in reversal and remand. 		Criminal Law and Procedure CASC Jul. 5, 2017
Godoy v. Spearman
En banc court grants convicted murderer habeas relief in case involving alleged misconduct of juror who had been texting ‘judge friend’ during trial. 		Criminal Law and Procedure 9th Jul. 3, 2017
U.S. v. Perez-Silvan
Sentence enhancement for illegal entry after deportation conviction upheld where defendant's prior aggravated assault conviction under Tennessee law constitutes crime of violence. 		Criminal Law and Procedure 9th Jun. 29, 2017
U.S. v. Calvillo-Palacios
Threat and assault statutes necessarily require violent physical force and are thus properly classified as crimes of violence under U.S.S.G Section 2L1.2(b)(1)(A)(ii). 		Criminal Law and Procedure 9th Jun. 29, 2017
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