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People v. Cruz
Charged offense must be proven beyond reasonable doubt to be considered in determining guilt of other charged offense under Evidence Code Section 1108. 		Criminal Law and Procedure Sep. 1, 2016
People v. Ochoa
Attempted extortion conviction overturned where there was no evidence that shooter intended to extort anything from his victim; attempted murder conviction otherwise upheld. 		Criminal Law and Procedure Sep. 1, 2016
U.S. v. Alvarez
Defendant properly ordered to pay restitution as condition of supervised release for damages to rental car even though plea agreement made no mention of restitution. 		Criminal Law and Procedure Sep. 1, 2016
United States v. Aguilar-Canche
Trial court lacks discretion to alter defendant's sentence in accordance with amendment to sentencing guidelines as sentence was based on statutory minimums. 		Criminal Law and Procedure Aug. 30, 2016
People v. Spiller
'Super strikes' that render inmates statutorily ineligible for resentencing under Three Strikes Reform Act must occur prior to conviction resulting in third strike sentence. 		Criminal Law and Procedure Aug. 30, 2016
Frost v. Gilbert
Error preventing counsel from making alternative arguments in summation not prejudicial, where insufficiency argument would have 'fallen on deaf ears' due to overwhelming prosecutorial evidence. 		Criminal Law and Procedure Aug. 29, 2016
People v. McDowell
Trial court not prohibited from resentencing Prop. 47 petitioner to an overall prison term amounting to same length as his previous, plea-bargained sentence. 		Criminal Law and Procedure Aug. 28, 2016
Godoy v. Spearman
Murderer not entitled to habeas relief based on misconduct relating to juror who allegedly texted 'judge friend' during trial. 		Criminal Law and Procedure Aug. 25, 2016
People v. Orloff
Trial court properly used discretion provided under Evidence Code Section 352 in allowing evidence of prior threats made by defendant in criminal threats case. 		Criminal Law and Procedure Aug. 25, 2016
People v. Flores
Aider and abettor liability through natural and probable consequences is proper for nontarget offense of torture. 		Criminal Law and Procedure Aug. 24, 2016
People v. Hronchak
Court may impose confinement exceeding maximum allowed for misdemeanor offenses to defendant who was resentenced, given supervised parole under Prop. 47 and thereafter violated parole. 		Criminal Law and Procedure Aug. 24, 2016
People v. Miranda
Assault of inmate in Los Angeles County Jail merits gang enhancement as evidence supports fact that perpetrators were members of criminal organization known as 'Southside gang.' 		Criminal Law and Procedure Aug. 23, 2016
People v. Rodriguez
Trial court must take 'reasonable steps in good faith' to ensure judge who hears initial suppression of evidence motion hears subsequent suppression motions. 		Criminal Law and Procedure Aug. 22, 2016
People v. Grimes
California Supreme Court clarifies application of against-interest hearsay exception and overturns defendant's death judgment while keeping intact murder conviction and special circumstances findings. 		Criminal Law and Procedure Aug. 22, 2016
People v. Newman
Defendant ineligible for resentencing under Prop. 36 where record of conviction showed he intended to cause great bodily injury, a disqualifying factor. 		Criminal Law and Procedure Aug. 21, 2016
People v. Garner
'Larceny' as used under newly-added Prop. 47 'shoplifting' statute, includes 'theft by false pretenses,' making petitioner's felony burglary conviction reducible to misdemeanor shoplifting. 		Criminal Law and Procedure Aug. 21, 2016
People v. Wagner
Reversal and remand result where trial court incorrectly concludes it lacks jurisdiction under Penal Code section 1473.6 to hear claims related to improper revocation of parole. 		Criminal Law and Procedure Aug. 21, 2016
People v. Raygoza
Offender's home detention complied with county's electronic monitoring program and met Penal Code Section 1203.018's standards, making him eligible for custody credits. 		Criminal Law and Procedure Aug. 18, 2016
U.S. v. Harmon
Intentional misconduct by prosecution during grand jury proceedings goes to witness's credibility and does not constitute structural error that would warrant automatic reversal. 		Criminal Law and Procedure Aug. 18, 2016
People v. Stylz
Individual storage unit within larger facility is not "commercial establishment;" forced entry by Prop 47 appellant was thus not shoplifting. 		Criminal Law and Procedure Aug. 17, 2016
People v. Chatman
Statutory distinctions in Penal Code Section 4852.01 that render subsequently-incarcerated former felony probationers ineligible for certificate of rehabilitation, but not former felony prisoners, violate equal protection. 		Criminal Law and Procedure Aug. 17, 2016
People v. Lynch
Sex offender prohibition for residency near school or park under Section 3003.5 applies to parolees, not to those on probation. 		Criminal Law and Procedure Aug. 17, 2016
U.S. v. McIntosh
Following denial of injunctions, defendant-appellants win remand based on congressional appropriations rider prohibiting DOJ from spending funds to prevent states' implementation of medical marijuana laws. 		Criminal Law and Procedure Aug. 17, 2016
U.S. v. Mendoza-Padilla
Manslaughter, as defined under Florida law, is not crime of violence under United States Sentencing Guidelines, resulting in vacated sentence and remand for resentencing. 		Criminal Law and Procedure Aug. 17, 2016
People v. Hudson
Impostor fails to establish eligibility for resentencing of his second degree burglary and forgery convictions to misdemeanors under Prop. 47. 		Criminal Law and Procedure Aug. 17, 2016
Reyes v. Lewis
Postwarning confession must be suppressed where police officers violate 'Missouri v. Seibert.' 		Criminal Law and Procedure Aug. 17, 2016
People v. Medelez
Defendant properly convicted under 'special' luring statute and 'general' attempt statute involving minor he met at work whom he attempted to engage in oral sex with. 		Criminal Law and Procedure Aug. 17, 2016
People v. Abarca
Banks are considered commercial establishments for purposes of newly enacted misdemeanor shoplifting statute under Penal Code Section 459.5. 		Criminal Law and Procedure Aug. 16, 2016
U.S. v. Romero
Speedy Trial Act ruling affirmed where trial court properly excludes all time during which defendant was incompetent to stand trial. 		Criminal Law and Procedure Aug. 16, 2016
Castro v. City of Los Angeles
Objective standard for use of excessive force in 'Kingsley' applies to failure to act in protection of arrestee. 		Criminal Law and Procedure Aug. 16, 2016
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