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Criminal Defense Articles 1422 - 1490
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- Certificate of Probable Cause Unnecessary for 1001.36
- Do Prop 57 and SB 1391 Apply in 1170(d) Resentencing?
- Juror Off Jury if Reservations About Death Penalty?
- Change of Venue Based on Heinous Crimes Alleged?
- Judge Engages in Illegal Factfinding in 1170.95 Petition
- Penal Code § 1170.91(b) Resentencing (AB 865) Limitations
- Gross Vehicular Manslaughter Based on DUI Due to THC?
- State of Mind Exception to Prior Uncharged Acts Evidence.
- If Defendant Did Not Meaningfully Understand Deportability?
- Terry Stop OK if Defendant Suspiciously Ducking, Crouching?
- Youth Offender Parole Hearing if LWOP & Juvenile?
- Federal Motion to Vacate Sentence Denial Affirmed
- Does Wende Apply to Appeal Denying 1170.95 Relief?
- Does Wende Apply in Appeal of Revoking PRCS?
- Sentence OK if for Robbery and Kidnapping for Robbery?
- Do In-Prison Offenses Bar Release on Elderly Parole?
- Judge’s Repeated Interruptions of Counsel: Misconduct?
- Conviction for Recording Confidential Communications?
- Is ShotSpotter Evidence Admissible in Trial?
- When Criminal History is Not Neutral Basis to Exclude?
- Sexual Battery by Fraudulent Misrepresentation (PC 243.4(c))?
- Opening the Door on Character Evidence (Evidence Code 1102(a))?
- When’s an Attempted DUI Considered an Attempted Felony DUI?
- Mental Health Diversion & Unreasonable Risk of Public Danger
- Conditioning Bail on Ability to Pay Is Unconstitutional
- Old Age Alone and Sexually Violent Predator Commitment
- Is Battery a Lesser Included Offense of Oral Copulation?
- Penal Code 632.7, Unlawfully Recording Communications
- Is an 11 Year Delay in SVP Trial a Due Process Violation?
- Is SB 1437 Barred if Plea to Malice Aforethought Murder?
- Immigration: Removal for First Degree Residential Burglary?
- 1 Strike Offender Eligible for Youth Offender Parole Hearing
- Mistaken Admission of Prior Uncharged Act, No Common Motive
- Domestic Violence – Evidence of Suspect’s Other Bad Acts?
- Is Hobbs Act Violated by Threat of Sham Litigation?
- Are You Charged with DUI and Need to Travel to Canada?
- Felony Committed While on Bail or Own Recognizance (OR)?
- Penal Code § 1385: Limits on Judge’s Discretion?
- What Are the Sentencing Rules Against Dual Use of Facts?
- Improper Photo Lineup: When is it Unduly Suggestive?
- What Rights Does a Defendant Have in a Misdemeanor?
- What Rights Does Defendant Have in an Infraction?
- Does Felony Murder Special Circumstance Bar PC § 1170.95?
- Mental Health Diversion Unavailable If Trial Starts?
- In DV Case, May Defendant Get Victim’s Psych Records?
- In DV Case, Can Victim Have Support Person in Court?
- What Can Judge Consider in Striking Gun Enhancement?
- Examples of Domestic Violence That May Surprise You
- Domestic Violence: What Facts Establish Cohabitation?
- Stalking – How Are the Terms of the Crime Defined?
- Five Requirements for Criminal Threats (PC § 422)
- How’s Obscene Defined in P. C. § 653m, Harassing Calls?
- When Must a Noticed Bail Hearing be in Open Court?
- What One Should Know About OR (Own Recognizance) Release
- Modification or Termination of a Criminal Protective Order?
- What Firearm and Ammunition Conditions Apply in a DV Case?
- What is Perjury, PC 118? Punishment? Defenses?
- How Does One Correct Time Credits from Prison or Jail?
- What a Judge Requires from the CDCR to Resentence
- Is a Warrantless Search OK Based on Smell of Smoke?
- Is VC 23103 a Lesser Included Offense of VC 2800.2?
- Is a Heavy Sentence OK Anticipating Appellate Review?
- Self Defense Considering Victim’s Physical Condition
- Voluntary Manslaughter if Man Shoots Cop 30 Times?
- Propensity Evidence Admitted in Child Abuse Case
- Unavailable Witness: Reading Prelim Hearing Transcript
- When Are Cops Entitled to Qualified Immunity?
- Federal Sentencing When State Court Intent to Sell
- COVID-19 and the Federal Court Speedy Trial Act
