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U.S. v. Baldon
Carjacking does not qualify as crime of violence under U.S.S.G. Section 4A1.1(e) because it criminalizes broader range of conduct than federal definition of 'crime of violence.'
Criminal Law and Procedure 9th Apr. 22, 2020
Ramos v. Louisiana
A jury must reach a unanimous verdict in order to convict defendants of serious offenses.
Criminal Law and Procedure USSC Apr. 21, 2020
People v. Drayton
When assessing petitioner's prima facie showing under Penal Code Section 1170.95, courts should assume all asserted facts in petition are true.
Criminal Law and Procedure 6DCA Apr. 21, 2020
U.S. v. Costanzo
Money laundering transactions where internet was used to transfer bitcoin to digital wallets of others affected interstate commerce.
Criminal Law and Procedure 9th Apr. 20, 2020
In re Shelton
Board of Parole Hearings failed to give due consideration to relevant factors in evaluating petitioner's parole applications.
Criminal Law and Procedure 1DCA/2 Apr. 17, 2020
People v. Broadbent
Firearm loaded with ammunition is part of 'indivisible course of conduct' under Penal Code Section 654 and thus, precludes defendant's multiple punishments.
Criminal Law and Procedure 3DCA Apr. 17, 2020
People v. Dennis
In order to make special finding of premeditation based on natural and probable consequences theory, jury was required to find attempted 'premeditated' murder was natural and probable consequence of target crime.
Criminal Law and Procedure 4DCA/3 Apr. 16, 2020
People v. Matthews
Defendant's four one-year enhancement terms under former Penal Code Section 667.5(b) must be stricken but remainder of sentences imposed under plea agreements should be left intact.
Criminal Law and Procedure 1DCA/2 Apr. 16, 2020
People v. Perlas
Parole revocation petition sufficiently alleged that the Department considered and rejected intermediate sanctions prior to seeking revocation and why intermediate sanctions were not appropriate.
Criminal Law and Procedure 1DCA/3 Apr. 15, 2020
Modification: People v. Corrales
Trial court's stay-away order was stricken because trial court did not have authority to grant the order under Penal Code Section 136.2.
Criminal Law and Procedure 2DCA/8 Apr. 15, 2020
Sannmann v. Dept. of Justice
Trial court erred by ordering DOJ to release its hold on plaintiff's gun purchase based on set-aside order of his felony, because set-aside order was an unauthorized act.
Criminal Law and Procedure 4DCA/1 Apr. 13, 2020
Amended Opinion: People v. Williams
Defendant's motion to dismiss parole revocation was properly denied because defendant's convictions were for serious and violent felonies under Penal Code Section 3008.08.
Criminal Law and Procedure 4DCA/1 Apr. 13, 2020
People v. Maya
Conduct in custody can satisfy the 'honest and upright life' requirement of Penal Code Section 1203.4a(a).
Criminal Law and Procedure CASC Apr. 10, 2020
People v. Williams
Defendant's motion to dismiss parole revocation was properly denied because defendant's convictions were for serious and violent felonies under Penal Code Section 3008.08.
Criminal Law and Procedure 4DCA/1 Apr. 10, 2020
People v. Arce
Penal Code Section 190.2(a)(22) is not unconstitutionally vague because it defines 'activity' through reference to Section 186.22(f) and implicitly specifies necessary state of mind.
Criminal Law and Procedure 1DCA/1 Apr. 10, 2020
Garcia v. Superior Court (People)
Petitioner's preliminary hearing was not held within 10-day period under Penal Code Section 859b, mandating dismissal of amended complaint against him.
Criminal Law and Procedure 2DCA/7 Apr. 9, 2020
People v. Williams
Risk of recidivism provides a rational basis for differential treatment of violent felony sex offenders sentenced under the one-strike law.
Criminal Law and Procedure 4DCA/1 Apr. 8, 2020
U.S. v. Dominguez
Defendant demonstrated substantial step toward committing robbery by arming himself, driving toward targeted warehouse, and turning around only when he knew that there was large police presence.
Criminal Law and Procedure 9th Apr. 8, 2020
Kansas v. Glover
Investigative traffic stop made after running vehicle's license plate and learning that registered owner's driver's license has been revoked was reasonable.
Criminal Law and Procedure USSC Apr. 7, 2020
People v. Fayed
Defendant's statements incriminating him in murder while in federal custody for unrelated money charge were admissible because he was not yet charged with murder.
Criminal Law and Procedure CASC Apr. 3, 2020
People v. Sepulveda
Trial court, in its discretion, may determine whether testimony or other forms of evidence will suffice for 'People v. Franklin' hearing.
Criminal Law and Procedure 2DCA/7 Apr. 3, 2020
People v. Bell
Trial court properly struck defendants' jeopardy pleas because deduction of wrongful prosecutorial intent could not logically and reasonably be drawn from evidence.
Criminal Law and Procedure 5DCA Apr. 2, 2020
Modification: People v. Henderson
Penal Code Section 1387's purpose is to prohibit the refiling and pursuit of previously-dismissed charges, not convictions once charges are already brought.
Criminal Law and Procedure 4DCA/1 Apr. 1, 2020
People v. Mariscal
Jury erroneously instructed on kill zone theory but error was harmless beyond reasonable doubt because undisputed evidence showed defendant intentionally killed.
Criminal Law and Procedure 2DCA/5 Apr. 1, 2020
People v. Cowan
Sentencing court must allow defendants facing imposition of minimum restitution fine or assessments to present evidence and argument why these financial exactions exceed his ability to pay.
Criminal Law and Procedure California Courts of Appeal Mar. 31, 2020
Colbert v. Haynes
Removal of victim-restitution condition from sentencing judgment did not create new, intervening judgment; thus, habeas petition was a second or successive petition.
Criminal Law and Procedure 9th Mar. 31, 2020
People v. Torres
Trial court erred in ruling defendant was ineligible for relief under SB 1437 on basis of jury's robbery murder special circumstances true findings.
Criminal Law and Procedure 2DCA/5 Mar. 30, 2020
People v. Wilkes
Differential treatment of youth offenders sentenced pursuant to Three Strikes Law for purposes of youth offender parole hearings does not violate equal protection.
Criminal Law and Procedure 1DCA/5 Mar. 30, 2020
Berryman v. Wong
Reasonable jurists could conclude that admission of further mitigating evidence would not have led to reasonable probability of different sentence.
Criminal Law and Procedure 9th Mar. 30, 2020
People v. Orozco
Proposition 47's amendment to general statute that criminalizes receipt of stolen property does not extend to convictions for receiving stolen vehicle.
Criminal Law and Procedure CASC Mar. 27, 2020