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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Turner v. McEwen
Habeas petition correctly denied where defendant claims to have been substantially prejudiced by head shaking of trial spectator during victim's testimony. 		Criminal Law and Procedure Apr. 15, 2016
U.S. v. Bernardo
Transporting illegal alien within dashboard meets standard for sentencing enhancement applied to offenses that involve creation of substantial risk of death or bodily injury. 		Criminal Law and Procedure Apr. 14, 2016
U.S. v. Argueta-Rosales
Application of incorrect legal standard that fails to require proof of specific intent results in vacated conviction for attempted illegal reentry and remand. 		Criminal Law and Procedure Apr. 13, 2016
U.S. v. Rosales-Aguilar
Defendant's prior inconsistent statements elicited via cross-examination of a defense psychiatrist properly admitted as impeachment evidence. 		Criminal Law and Procedure Apr. 13, 2016
U.S. v. Parnell
Defendant's conviction under Massachusetts armed robbery statute does not qualify as violent felony under Armed Career Criminal Act, resulting in vacated sentence and remand. 		Criminal Law and Procedure Apr. 13, 2016
U.S. v. Pete
Indigent defendant entitled to vacation of, and additional resentencing on, 708 months sentence in order to allow for appointment of neuropsychological expert. 		Criminal Law and Procedure Apr. 12, 2016
Gallegos v. Ryan
Trial counsel's decision to concede defendant's involvement in horrendous crime, involving the rape and murder of young girl, does not warrant habeas relief. 		Criminal Law and Procedure Apr. 8, 2016
People v. Turner
Juvenile's 84-years-to-life sentence upheld in light of Senate Bill No. 260, which entitled him to parole hearing after 25 years of imprisonment. 		Criminal Law and Procedure Apr. 7, 2016
In re Lopez
Petitioner entitled to habeas relief because being an aider and abettor under natural and probable consequences doctrine does not support first-degree murder conviction. 		Criminal Law and Procedure Apr. 7, 2016
People v. Tidwell
Dismissal of felonies under Penal Code Section 1203.4 does not preclude Prop. 47 relief (reduction of felonies to misdemeanors) pursuant to Section 1170.18. 		Criminal Law and Procedure Apr. 6, 2016
People v. Eagle
Although defendant entitled to benefits following amendment to transporting methamphetamine statute, remand to allow retrial is proper remedy - not vacation of conviction. 		Criminal Law and Procedure Apr. 6, 2016
Woods v. Etherton
Appellate Court improperly granted habeas relief to drug offender where fair minded jurists could disagree on alleged confrontation rights violation. 		Criminal Law and Procedure Apr. 5, 2016
Nichols v. United States
Defendant wins reversal of conviction for failing to update his sex offender registration where he no longer 'resides' in Kansas upon move to Philippines. 		Criminal Law and Procedure Apr. 5, 2016
Morgan v. Beaumont Police Dept.
Police department not immune in wrongful suit action where it fails to show promulgation of vehicle pursuit policy through written certification from all officers. 		Criminal Law and Procedure Apr. 5, 2016
People v. Sanchez
Sex offender's conviction upheld despite absence of direct evidence of sexual penetration where confession and circumstantial evidence more than sufficient to establish corpus delicti of crime. 		Criminal Law and Procedure Apr. 5, 2016
U.S. v. Alexander
Although 9.6 month delay 'troublesome,' defendant not deprived of right to speedy trial upon weighing of 'Barker v. Wingo' factors. 		Criminal Law and Procedure Apr. 4, 2016
Liao v. Junious
Parolee granted habeas relief where trial counsel's failure to secure medical evidence to support crucial 'sleepwalking' defense resulted in 'extreme malfunction of justice.' 		Criminal Law and Procedure Apr. 4, 2016
People v. Poisson
Ear-slasher may be convicted of both mayhem and battery with serious bodily injury because the latter offense is not a lesser included offense of mayhem. 		Criminal Law and Procedure Apr. 1, 2016
People v. Davis
Persons on probation for a felony conviction are 'currently serving a sentence' for purposes of Proposition 47, under which they must petition for resentencing. 		Criminal Law and Procedure Apr. 1, 2016
U.S. v. Magallon-Lopez
Motion to suppress drugs found in vehicle properly denied where officer's lie regarding reason for stop permissible because undisclosed facts sufficed to establish reasonable suspicion. 		Criminal Law and Procedure Apr. 1, 2016
People v. Woodworth
Court's error in failing to realize it had discretion to impose consecutive, rather than concurrent, sentence results in vacated sentence and remand. 		Criminal Law and Procedure Mar. 31, 2016
Luis v. U.S.
Pretrial restraint of legitimate, 'untainted' assets (assets not traceable to alleged crime) needed to retain counsel of choice violates Sixth Amendment. 		Criminal Law and Procedure Mar. 31, 2016
U.S. v. Backman
Woman's asserted instructional errors are insufficient to overturn her conviction for sex trafficking under the Trafficking Victims Protection Act of 2000. 		Criminal Law and Procedure Mar. 31, 2016
People v. Gonzalez
Felony-murder convictions affirmed where, with the exception of claim regarding parole revocation fines, defendants' multiple other claims of error are unavailing. 		Criminal Law and Procedure Mar. 31, 2016
People v. Gutierrez
Court may not revoke post-release community supervision after probationer commits non-violent drug offense without first determining whether probationer qualifies for treatment alternative pursuant to Prop 36. 		Criminal Law and Procedure Mar. 31, 2016
People v. Reyes
Prosecutor's rebuttal argument concerning teenage victim's sexual orientation does not constitute misconduct that would justify reversal of rapist's convictions. 		Criminal Law and Procedure Mar. 31, 2016
People v. Reyes
Prosecutor's rebuttal argument concerning teenage victim's sexual orientation does not constitute misconduct that would justify reversal of rapist's convictions. 		Criminal Law and Procedure Mar. 31, 2016
People v. Fedalizo
Where appointed public defender waives resentencing petitioner's right to appear (pursuant, ostensibly, to petitioner's direction), petitioner cannot claim his constitutional right to self-representation was violated. 		Criminal Law and Procedure Mar. 31, 2016
People v. Jones
Remand not warranted where current law does not require trial court to provide written reason in minutes for dismissing defendant's strikes. 		Criminal Law and Procedure Mar. 31, 2016
People v. Sanchez
Criminal defendant's constitutional and statutory right to be present at sentencing violated where court resentenced him in his absence. 		Criminal Law and Procedure Mar. 30, 2016
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