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recent case summaries

 

U.S. v. Heredia
12-50331 : 10/8/2014

Government implicitly breached plea agreement, which included a promise to recommend a reduced prison sentence, when it repeatedly and unnecessarily emphasized the defendant's criminal history. Heredia entered into a fast-track plea agreem...

Lopez v. Smith
13-946 : 10/6/2014

Ninth Circuit's decision granting habeas relief reversed because AEDPA prohibits federal courts of appeal from relying on their own precedent to conclude that a particular constitutional principle is "clearly established." During Smith's f...

People v. Jones
F066467 : 10/6/2014

Verdict finding defendant guilty of first degree murder "as charged in . . . the information" satisfied the requirement that the jury expressly find the degree of the crime even though the information charged generic murder without specifying the d...

People v. Michael E.
A138712 : 10/3/2014

Trial court erred in denying motion to suppress because police officer's warrantless search of defendant's computer exceeded the scope of a prior private search by a computer technician. Michael E. pled guilty to felony possession of child...

People v. White
B250069 : 10/3/2014

There was sufficient evidence to support defendant's conviction for shooting at an inhabited dwelling under an aider and abetter theory even though he did not share the direct perpetrator's particular intent to shoot at the building. White...

People v. Vaughn
A139318 : 10/3/2014

The offense of unlawfully transferring a firearm (Pen. Code, 12072, subd. (d)) does not require proof that the defendant knew of or should have known that the other party to the transaction was unlicensed. Vaughn, a convicted felon, sol...

 

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