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Criminal Defense Articles 1491 - 1559

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  1. Habeas Relief and Good Cause under Rhines v. Weber
  2. Ineffective Assistance of Counsel Claim Rejected
  3. SB 1437 Relief: Murder Resentenced to Burglary & Robbery?
  4. Motion to Suppress Evidence from Car Near Shooting
  5. Excusal of Possible Juror in Death Penalty Case Proper
  6. What Is Vehicle Code § 41500(a) for Those in Custody?
  7. Using Report for Insanity Plea and Mental Health Diversion
  8. Can Rehabilitation in Prison Be 1170.26 Good Cause?
  9. Violation of a Civil Protective Order (PC 273.6)?
  10. Double Jeopardy Violating Restraining, Protective Order?
  11. What Are Improper Grounds for Dismissal under PC 1385?
  12. What’s a Domestic Violence Victim–Counselor Privilege?
  13. Confidentiality of Immigration Status of DV Victim?
  14. What if DV Victim Unavailable to Testify at Trial?
  15. Domestic Violence: What is Testimonial Hearsay? Admissible?
  16. Gang Enhancement Vacated – Expert Opinion Speculative
  17. When is a Criminal Protective Order Overbroad or Void?
  18. Expungement if One Went to Prison; What’s § 1203.42?
  19. Incompetent to Stand Trial Have Right to Timely Services
  20. Does Outstanding Warrant Make Unlawful Detention OK?
  21. SB 1437 / PC 1170.95, No Counsel, Is This Harmless Error?
  22. If Misdemeanor Suspect Flees, Warrantless Home Search OK?
  23. First Degree Burglary, Uninhabited Detached Garage?
  24. Domestic Violence, Admitting Hearsay, Victim’s Mindset
  25. When Victim’s State of Mind Is and Is Not an Issue?
  26. Heat of Passion for Manslaughter, Not Murder in Gang Killing
  27. SB 1437 & Jury’s Rejection of Murder Special Circumstances?
  28. SB 1437 Granted – Is Resentencing Ex Post Facto?
  29. Impermissibly Vague Probation Condition for Associating
  30. Miranda Advisements – When They are Not Required.
  31. No Search Warrant Needed for Massage Establishments?
  32. Is a Police Shooting, an Attempt to Restrain, a Seizure?
  33. Juvenile LWOP: Must Permanent Incorrigibility Exist?
  34. Supreme Court: Criminal Jury Verdict Must be Unanimous
  35. Compassionate Release, Federal Custody: Requirements?
  36. What is Penal Code § 315 – Punishment?  Defenses?
  37. What is Penal Code § 653.23(a)(1)?  Punishment?
  38. People v. Sanchez, Proving Predicate Acts, Gang Crimes
  39. Can Romero Motion Bypass 1170.91 Determinate Sentence Rule?
  40. Does SB 620 Allow Judge to Lower Gun Enhancement?
  41. Possession of Controlled Substance While Armed?
  42. Does Restitution Owed Decrease by Victim’s Self-Help?
  43. Withdrawal of a Plea in Federal Court Is Difficult
  44. Custodial Interrogation of a Minor at His Home?
  45. Does Felony Murder Special Circumstance Bar SB 1437 Relief?
  46. What Exactly Is and Is Not Circumstantial Evidence?
  47. Prop 57 Early Parole Consideration & CDCR Discretion
  48. Criminal Threats When Immediate Family Member Target
  49. Felony DUI under Vehicle Code § 23152 – Requirements?
  50. The Criminal Defense Attorney, Immigration Advice Duty
  51. Judge Finds Defendant Was a Major Participant in Robberies
  52. May a Trial Court Judge Modify a Parole Condition?
  53. AB 1950, PC 1203.1(m)(1), 2 Year Probation Exceptions
  54. SB 1437: To be Appointed Counsel, Show Prima Facie Case?
  55. People v. Lent: Evaluating Mandatory Supervision Terms
  56. Postpartum Mental Disorder – Expert Testimony Admissible?
  57. Is Minor’s Attempted Robbery a WIC § 707(b) Offense?
  58. Penal Code § 1473(b) and False Evidence for Habeas
  59. Must Federal Resentencing Follow Original Approach?
  60. What’s the Home Protection Bill of Rights Presumption?
  61. In an Open Plea, Is Striking Prison Prior Improper?
  62. SB 384: Who is a Tier 3 Registrant under PC 290(d)(3)?
  63. SB 384: Who is a Tier 2 Registrant under PC 290(d)(2) & (1)?
  64. SB 384: What is Discretionary 290 Registration?
  65. SB 384: What Can Lengthen One’s Registration Period?
  66. SB 384: How Long to Process an SB 384 Petition?
  67. Are Proffer Agreements a Good Deal or Bad Deal?
  68. Does a Judge Have Discretion to Find 1473.7 Motion Timely?
  69. Is a Hobbs Act Robbery a Crime of Violence under USSG?
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