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U.S. v. Rodriguez-Gamboa
Because geometric isomers of methamphetamine are impossible, there is no realistic probability that defendant's California methamphetamine statute of conviction will be used to prosecute someone in connection with geometric isomers of methamphetamine. 		Criminal Law and Procedure 9th Aug. 28, 2020
People v. Byers
There was insufficient evidence defendant was armed with a firearm during the offense of possessing the firearm. 		Criminal Law and Procedure 2DCA/3 Aug. 27, 2020
People v. Nguyen
Defendant was not entitled to Penal Code Section 1170.95 relief because transcripts from preliminary and plea hearings demonstrated he was convicted of second degree murder as direct aider and abettor. 		Criminal Law and Procedure 2DCA/1 Aug. 27, 2020
U.S. v. Hussain
Defendants's wire fraud convictions did not involve impermissible extraterritorial application of US law because defendant used domestic wires to perpetrate his fraud. 		Criminal Law and Procedure 9th Aug. 27, 2020
Modification: 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 Aug. 26, 2020
U.S. v. Lusby
Sex Offender Registration and Notification Act does not require that defendant's interstate travel not be compelled. 		Criminal Law and Procedure 9th Aug. 26, 2020
Abcarian v. Levine
The Hobbs Act does not carry an accompanying civil private right of action for extortion. 		Criminal Law and Procedure 9th Aug. 26, 2020
People v. Peterson
Prospective jurors may not be disqualified from service in a capital case solely because of their general objections to the death penalty. 		Criminal Law and Procedure CASC Aug. 25, 2020
People v. Valdes
Defendant was entitled to 258 days actual custody credit instead of 257 days. 		Criminal Law and Procedure 2DCA/6 Aug. 25, 2020
People v. Belche
Trial court did not have jurisdiction to find defendant violated probation based on his indecent exposure because defendant's probation had been formally revoked and not reinstated. 		Criminal Law and Procedure 3DCA Aug. 25, 2020
Mitchell v. U.S.
Applicant's motion did not make 'a substantial showing of the denial of a constitutional right,' and thus, certificate of appealability was denied. 		Criminal Law and Procedure 9th Aug. 25, 2020
People v. Brooks
Trial court did not abuse its discretion in denying defendant's motion to strike prior serious felony enhancements. 		Criminal Law and Procedure 2DCA/1 Aug. 24, 2020
U.S. v. Cate
Supervised release revocation proceeding is not the proper forum to challenge an underlying conviction. 		Criminal Law and Procedure 9th Aug. 24, 2020
People v. McGee
Presence of unsealed bag of marijuana plainly visible on passenger's person constitutes probable cause to search passenger's purse. 		Criminal Law and Procedure 3DCA Aug. 21, 2020
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
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