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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
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
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