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Name Category Published
U.S. v. Mitchell
Defendant had not carried his burden of proving reasonable probability that his execution would be carried out in manner inconsistent with state law under Federal Death Penalty Act. 		Criminal Law and Procedure 9th Aug. 21, 2020
U.S. v. Rodriguez
Defendant was properly convicted under Violent Crimes in Aid of Racketeering Activity statute. 		Criminal Law and Procedure 9th Aug. 21, 2020
U.S. v. Valencia-Lopez
In allowing special agent to testify, district court abused its discretion by not properly fulfilling its gatekeeping role under 'Daubert v. Merrill Dow Pharmaceuticals, Inc.' 		Criminal Law and Procedure 9th Aug. 20, 2020
U.S. v. Swenson
District court erred by concluding that defendant's wife's social security benefits were subject to garnishment to satisfy his restitution order. 		Criminal Law and Procedure 9th Aug. 20, 2020
Kipp v. Davis
Trial court's admission of evidence of unadjudicated rape and murder of a separate victim deprived defendant of fair trial in violation of his due process rights. 		Criminal Law and Procedure 9th Aug. 20, 2020
Kipp v. Davis
Defendant's references to Satan introduced during his guilt phase were wholly inadequate to show 'substantial and injurious effect' on jury's guilty verdict. 		Criminal Law and Procedure 9th Aug. 20, 2020
People v. Schaffer
Defendant did not have federal constitutional right to have jury determine whether he violated his parole. 		Criminal Law and Procedure 4DCA/2 Aug. 19, 2020
Balbuena v. Sullivan
Petitioner's confession was voluntary because he was read his 'Miranda' warnings, his interview was non-threatening, and there was no evidence he was easy to manipulate. 		Criminal Law and Procedure 9th Aug. 18, 2020
Amended Opinion: Facebook v. Superior Court (Lance Touchstone)
Trial court abused its discretion when ruling on motion to quash criminal subpoena by failing to apply seven-factor 'Alhambra v. Superior Court' test. 		Criminal Law and Procedure CASC Aug. 17, 2020
Facebook v. Superior Court (Lance Touchstone)
Trial court abused its discretion when ruling on motion to quash criminal subpoena by failing to apply seven-factor 'Alhambra v. Superior Court' test. 		Criminal Law and Procedure CASC Aug. 14, 2020
People v. Silveria and Travis
Defendants failed to demonstrate that trial court abused its discretion in denying defendants' severance motions. 		Criminal Law and Procedure CASC Aug. 14, 2020
People v. Suarez
Death qualification process is constitutional and does not violate statutory, constitutional, or international law. 		Criminal Law and Procedure CASC Aug. 14, 2020
People v. Ogaz
Defendant's Sixth Amendment right to confront adverse witnesses was violated by admission of analyst's drug testing evidence because defendant did not have opportunity to cross-examine analyst. 		Criminal Law and Procedure 4DCA/3 Aug. 13, 2020
Modification: People v. Ware
Gang conspiracy conviction was reversed where no evidence was presented on nature of crimes committed by alleged co-conspiring gang members. 		Criminal Law and Procedure 4DCA/1 Aug. 13, 2020
People v. Cardenas
Trial court erred by instructing jury on kill zone theory because there was insufficient evidence to warrant the instruction. 		Criminal Law and Procedure 4DCA/2 Aug. 12, 2020
People v. Mirmon
Trial court properly sentenced defendant to a term to be served fully consecutively to the sentence defendant was already serving. 		Criminal Law and Procedure 4DCA/2 Aug. 12, 2020
People v. Tacardon
Officer smelling and seeing marijuana in vehicle supplied reasonable suspicion defendant may have been unlawfully transporting the substance. 		Criminal Law and Procedure 3DCA Aug. 11, 2020
People v. Morales
Evidence of planning, motive, manner of killing, taken together, was sufficient to support jury's finding that defendant committed premeditated and deliberate murders. 		Criminal Law and Procedure CASC Aug. 11, 2020
People v. Duong
Defendant's decision not to testify was knowing, intelligent, and voluntary. 		Criminal Law and Procedure CASC Aug. 11, 2020
U.S. v. Fuentes-Galvez
Right to due process requires record to disclose that defendant who pleaded guilty entered his plea understandingly and voluntarily. 		Criminal Law and Procedure 9th Aug. 11, 2020
U.S. v. Oriho
District court's pre-trial repatriation order violated defendant's Fifth Amendment privilege against self-incrimination. 		Criminal Law and Procedure 9th Aug. 11, 2020
U.S. v. Engel
Defendant was not defiant and did not engage in blatantly outrageous conduct; thus, facts did not support district court's termination of his right to represent himself. 		Criminal Law and Procedure 9th Aug. 7, 2020
U.S. v. Bundy
District court's judgment dismissing indictment with prejudice as a remedy for the government's egregious and prejudicial misconduct in violation of 'Brady v. Maryland' was affirmed. 		Criminal Law and Procedure 9th Aug. 7, 2020
People v. Lawson
Witnesses are unavailable when they are absent from the hearing and the proponent of their statement has exercised reasonable diligence, but is unable to compel their attendance. 		Criminal Law and Procedure 1DCA/3 Aug. 6, 2020
People v. Galvan
Proper remedy for challenging special circumstance finding is by petition for habeas corpus, not petition for resentencing under Penal Code Section 1170.95 		Criminal Law and Procedure 2DCA/1 Aug. 6, 2020
People v. Ware
Gang conspiracy conviction was reversed where no evidence was presented on nature of crimes committed by alleged co-conspiring gang members. 		Criminal Law and Procedure 4DCA/1 Aug. 5, 2020
People v. Cole
Procedures set forth in 'People v. Wende' are inapplicable to appeals concerning denial of postconviction relief, regardless of defendants' rights to appointed counsel. 		Criminal Law and Procedure 2DCA/2 Aug. 5, 2020
U.S. v. Kuzma
Defendant's convictions for possession of machinegun and possession of unregistered machinegun were improperly multiplicitous. 		Criminal Law and Procedure 9th Aug. 4, 2020
People v. Brown
Penal Code Section 2933.2 applies to all presentence custody periods served by a defendant who is eventually convicted of a violent felony without regard to timing of each conviction. 		Criminal Law and Procedure 4DCA/1 Aug. 3, 2020
People v. Henderson
Once a suspect has clearly and sufficiently invoked his right to counsel, police may not resume questioning until counsel is provided. 		Criminal Law and Procedure CASC Jul. 31, 2020
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