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Name Category Published
People v. Anthony
Inmate is ineligible for resentencing under Three Strike Reform Act when serving one sentence for a serious or violent felony and another which was not. 		Criminal Law and Procedure Nov. 12, 2014
U.S. v. Raya-Vaca
Illegal reentry conviction is overturned because immigration officer’s failure to provide notice and opportunity to respond during expedited removal violated due process. 		Criminal Law and Procedure Nov. 10, 2014
U.S. v. Brown
Business partner does not deserve leadership role sentence enhancement for participation in Ponzi scheme where he did not exercise control over any participant. 		Criminal Law and Procedure Nov. 9, 2014
U.S. v. Huitron-Rocha
District court properly uses modified categorical approach to find conviction for possession and transportation of cocaine for sale is 'drug trafficking offense' for sentencing purposes. 		Criminal Law and Procedure Nov. 9, 2014
U.S. v. de la Torre-Jimenez
Offender receives 16-level sentencing enhancement because his prior conviction for possession of cocaine for sale constitutes drug trafficking offense warranting enhancement. 		Criminal Law and Procedure Nov. 9, 2014
Teal v. Superior Court (People)
Trial court’s order denying motion to recall sentence under Three Strikes Reform Act is appealable, although inmate fails to meet threshold eligibility requirement. 		Criminal Law and Procedure Nov. 6, 2014
People v. Hicks
Inmate is ineligible for resentencing under Three Strikes Reform Act because he was personally armed with firearm during commission of underlying offense. 		Criminal Law and Procedure Nov. 6, 2014
People v. Rodriguez
Presiding judge may reassign defendant’s renewed suppression motion to different judge where original judge is unavailable due to scheduling conflict. 		Criminal Law and Procedure Nov. 6, 2014
People v. Hussain
Car repair shop owner’s grand theft conviction is overturned because his attorney’s failure to request claim-of-right defense prejudiced him. 		Criminal Law and Procedure Nov. 6, 2014
People v. Eroshevich
Double jeopardy does not absolutely bar retrial of Howard Stern on conspiracy charges related to provision of prescription drugs to Anna Nicole Smith. 		Criminal Law and Procedure Nov. 3, 2014
People v. G.H.
Mentally incompetent defendant facing possible five-year sentence is not entitled to precommittment custody credits for time served against three-year confinement. 		Criminal Law and Procedure Nov. 2, 2014
People v. Aparicio
Appellate court must review denial of petition for resentencing under Three Strikes Reform Act using ‘abuse of discretion’ standard due to highly factual inquiry. 		Criminal Law and Procedure Nov. 2, 2014
People v. Anthony
Inmate is ineligible for resentencing under Three Strike Reform Act when serving one sentence for a serious or violent felony and another which was not. 		Criminal Law and Procedure Oct. 30, 2014
People v. Adams
Prosecutor’s opening statements about fear and witness intimidation to explain reluctance to testify against gang member in capital murder case is not misconduct. 		Criminal Law and Procedure Oct. 30, 2014
People v. Brown
Inmate is ineligible for resentencing relief under Three Strikes Reform Act due to prior disqualifying conviction for oral copulation by force. 		Criminal Law and Procedure Oct. 30, 2014
People v. Tubbs
Trial court improperly strikes requirement that resentenced offender be subject to postrelease community supervision, as mandated under Three Strikes Reform Act. 		Criminal Law and Procedure Oct. 30, 2014
People v. Coleman
Prosecution cannot be forced to run officer witness’ rap sheet, even though it was obligated to disclose material information within its possession under 'Brady.' 		Criminal Law and Procedure Oct. 29, 2014
U.S. v. Swisher
Federal law that criminalizes unauthorized wearing of military medals with intent to deceive does not violate First Amendment. 		Criminal Law and Procedure Oct. 29, 2014
People v. James
Light rail rider’s conviction for battery against transportation agent is reduced to simple battery because his security guard victim was not a 'station agent.' 		Criminal Law and Procedure Oct. 28, 2014
Abbott v. Federal Bureau of Prisons
Federal Bureau of Prisons improperly finds inmate is ineligible for early release based on prior Montana conviction for unlawful restraint. 		Criminal Law and Procedure Oct. 27, 2014
U.S. v. Castro-Ponce
Narcotics trafficker may not receive sentence increase based on obstruction of justice until district court finds his false testimony was also material and willful. 		Criminal Law and Procedure Oct. 26, 2014
People v. Anthony
Inmate is ineligible for resentencing under Three Strike Reform Act when serving one sentence for a serious or violent felony and another which was not. 		Criminal Law and Procedure Oct. 26, 2014
People v. Rossetti
Warrantless blood sample taken from drunken driving suspect need not be suppressed when police had good faith belief that California law did not require warrant. 		Criminal Law and Procedure Oct. 23, 2014
Williams v. Swarthout
Judge’s mistaken statement to jury that defendant pleaded guilty to charges constitutes prejudicial error, despite judge’s later curative instructions. 		Criminal Law and Procedure Oct. 23, 2014
U.S. v. Moore
Drug trafficker who stood by while officers searched home he shared with his fiancée cannot invalidate fiancée’s consent to search, absent his express refusal. 		Criminal Law and Procedure Oct. 23, 2014
Hughes v. U.S.
U.S. Supreme Court rule that any fact increasing mandatory minimum is an element that must be submitted to jury is not retroactive to cases on collateral review. 		Criminal Law and Procedure Oct. 23, 2014
People v. Harbison
Nonviolent drug offenders, who have repeatedly been ordered into treatment, but have been found unamenable, must be sentenced to 30 days following conviction. 		Criminal Law and Procedure Oct. 22, 2014
People v. Dawkins
Trial court properly admits 9-1-1 recording about ongoing burglary made by anonymous caller based on deputy’s testimony regarding recording’s authenticity. 		Criminal Law and Procedure Oct. 22, 2014
U.S. v. Vera
District court’s failure to admonish jury regarding officer’s dual roles as lay and expert witness warrants resentencing of defendants' drug convictions. 		Criminal Law and Procedure Oct. 22, 2014
U.S. v. Bell
Right to counsel is not violated where self-represented defendant had opportunity to make closing argument, even though court did not prompt him to make one. 		Criminal Law and Procedure Oct. 22, 2014
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