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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
People v. King
Trial court lacked discretion to consider sentencing mitigating factors such as mental health and substance abuse problems stemming from military service, because petitioner agreed to stipulated sentence.
Criminal Law and Procedure 4DCA/1 Jul. 30, 2020
U.S. v. Bocharnikov
Defendant's statements were not sufficiently attenuated from his initial illegal detention and seizure, since the second encounter, was directly linked to the original illegalities.
Criminal Law and Procedure 9th Jul. 28, 2020
In re Shelton
Board of Parole Hearings considering inmate insight deficiencies must consider whether immutable facts are probative to the inmate's current dangerousness.
Criminal Law and Procedure 1DCA/2 Jul. 27, 2020
Bynoe v. Baca
District court erred in denying petitioner's Federal Rule of Civil Procedure 60(b)(6) because petitioner satisfied all three requirements for the motion.
Criminal Law and Procedure 9th Jul. 27, 2020
People v. Hubbard
Prosecutor did not improperly refer to defendant's decision to not testify and therefore was not in violation of 'Griffin v. California.'
Criminal Law and Procedure 3DCA Jul. 24, 2020
People v. Anderson
Trial court improperly imposed five 25-year-to-life enhancements in connection with counts as to which enhancements had not been alleged.
Criminal Law and Procedure CASC Jul. 24, 2020
U.S. v. Moran-Garcia
Defendant's conviction was vacated because defendant was caught 6 miles off California coast and therefore, venue was not established.
Criminal Law and Procedure 9th Jul. 24, 2020
People v. Barton
Juror's disagreement with majority of jury as to what evidence shows, does not constitute refusing to deliberate or grounds for discharge.
Criminal Law and Procedure 4DCA/1 Jul. 21, 2020
Robinson v. Lewis
A 120 day gap delay between denial of habeas petition in superior court and filing of new petition in Court of Appeal can never render claim that was otherwise presented without substantial delay untimely.
Criminal Law and Procedure CASC Jul. 21, 2020
People v. Financial Casualty & Surety, Inc.
Failure to hold evidentiary hearing in compliance with Penal Code Section 1166 does not exonerate bond by operation of law.
Criminal Law and Procedure 4DCA/2 Jul. 20, 2020
United States v. Luong
U.S. Sentencing Guidelines provides that defendant may admit factual guilt but go to trial to challenge applicability of statute to his conduct.
Criminal Law and Procedure 9th Jul. 20, 2020
United States v. Obagi
Despite trial court's efforts to craft proper remedy, failure to disclose cooperating witness's immunity deal undermined confidence in jury's verdict and prejudiced defendants.
Criminal Law and Procedure 9th Jul. 20, 2020
People v. Arias
Defendant's claim was reviewable on appeal because an appeal may be taken from a sentence imposed under the resentencing provisions of Penal Code Section 1170(d)(1) without need for a certificate of probable cause.
Criminal Law and Procedure 1DCA/1 Jul. 17, 2020
People v. Bowen
Police officer's request to ping defendant's cell phone to find his location without warrant did not violate Fourth Amendment because exigent circumstances existed.
Criminal Law and Procedure 1DCA/3 Jul. 16, 2020
People v. Hishmeh
Trial court errs if it instructs jury 'not to consider' lesser included offenses until jury acquits defendant of greater offense.
Criminal Law and Procedure 4DCA/3 Jul. 15, 2020
People v. Gomez
Petition under Penal Code Section 1170.95 unsupported by the record of conviction may be summarily denied without a hearing.
Criminal Law and Procedure 4DCA/1 Jul. 15, 2020
People v. Vargas
Ample evidence showed that defendant actively participated in gang, was aware that its members engaged in criminal gang activity and promoted felonious conduct of its members.
Criminal Law and Procedure CASC Jul. 14, 2020
Modification: People v. Bradley
Belated assertion of right to a speedy trial is entitled to less weight than prompt assertion of such right.
Criminal Law and Procedure 3DCA Jul. 14, 2020
People v. Soto
Petitioner was not eligible for relief under Senate Bill 1437, because jury instructions demonstrated he was not convicted under natural and probable consequences theory.
Criminal Law and Procedure 6DCA Jul. 13, 2020
United States v. Pisarski
'United States v. McIntosh' hearing must focus on conduct underlying charge to determine whether defendants complied with state marijuana laws.
Criminal Law and Procedure 9th Jul. 13, 2020
Modification: People v. Cotsirilos
In ordinary infraction case, prosecution is not required to oppose motion to suppress by filing opposition brief or appearing at suppression hearing.
Criminal Law and Procedure 4DCA/1 Jul. 10, 2020
Modification: People v. Rosas
Probation exception for warrantless searches is inapplicable if police are unaware of probation search condition at the time.
Criminal Law and Procedure 2DCA/6 Jul. 8, 2020
United States v. Vandergroen
A 911 call may generate reasonable suspicion if it is reliable and provides information on potential serious illegal activity.
Criminal Law and Procedure 9th Jul. 8, 2020
United States v. Voris
Because defendant fired four shots at five officers, only four assault convictions were constitutionally permissible and one assault conviction was multiplicitous.
Criminal Law and Procedure 9th Jul. 8, 2020
Modification: People v. Padilla
Proposition 57 applies retroactively to juveniles tried as adults whose judgments are not final; thus, appellant was entitled to transfer hearing.
Criminal Law and Procedure 2DCA/4 Jul. 7, 2020
United States v. Many White Horses
Petitioner's special condition of supervised release prohibiting him from residing in town found to trigger his alcohol and drug related behavior was affirmed.
Criminal Law and Procedure 9th Jul. 7, 2020
United States v. Malik
Assessment of probable cause takes into account the totality of the circumstances known to the officers at the time of the search.
Criminal Law and Procedure 9th Jul. 7, 2020
People v. Campbell
Pandering statue, which omits the definition of 'procure,' is not unconstitutionally vague; the term has been defined in case law.
Criminal Law and Procedure 3DCA Jul. 2, 2020
Walker v. Superior Court (People)
When Sexually Violent Predator Act directs court to 'review the petition' in determining probable cause, it establishes hearsay exception, allowing consideration of expert evaluations on which petition necessarily depends.
Criminal Law and Procedure 1DCA/4 Jul. 2, 2020