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Criminal Defense Articles 1422 - 1490

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  1. Certificate of Probable Cause Unnecessary for 1001.36
  2. Do Prop 57 and SB 1391 Apply in 1170(d) Resentencing?
  3. Juror Off Jury if Reservations About Death Penalty?
  4. Change of Venue Based on Heinous Crimes Alleged?
  5. Judge Engages in Illegal Factfinding in 1170.95 Petition
  6. Penal Code § 1170.91(b) Resentencing (AB 865) Limitations
  7. Gross Vehicular Manslaughter Based on DUI Due to THC?
  8. State of Mind Exception to Prior Uncharged Acts Evidence.
  9. If Defendant Did Not Meaningfully Understand Deportability?
  10. Terry Stop OK if Defendant Suspiciously Ducking, Crouching?
  11. Youth Offender Parole Hearing if LWOP & Juvenile?
  12. Federal Motion to Vacate Sentence Denial Affirmed
  13. Does Wende Apply to Appeal Denying 1170.95 Relief?
  14. Does Wende Apply in Appeal of Revoking PRCS?
  15. Sentence OK if for Robbery and Kidnapping for Robbery?
  16. Do In-Prison Offenses Bar Release on Elderly Parole?
  17. Judge’s Repeated Interruptions of Counsel: Misconduct?
  18. Conviction for Recording Confidential Communications?
  19. Is ShotSpotter Evidence Admissible in Trial?
  20. When Criminal History is Not Neutral Basis to Exclude?
  21. Sexual Battery by Fraudulent Misrepresentation (PC 243.4(c))?
  22. Opening the Door on Character Evidence (Evidence Code 1102(a))?
  23. When’s an Attempted DUI Considered an Attempted Felony DUI?
  24. Mental Health Diversion & Unreasonable Risk of Public Danger
  25. Conditioning Bail on Ability to Pay Is Unconstitutional
  26. Old Age Alone and Sexually Violent Predator Commitment
  27. Is Battery a Lesser Included Offense of Oral Copulation?
  28. Penal Code 632.7, Unlawfully Recording Communications
  29. Is an 11 Year Delay in SVP Trial a Due Process Violation?
  30. Is SB 1437 Barred if Plea to Malice Aforethought Murder?
  31. Immigration: Removal for First Degree Residential Burglary?
  32. 1 Strike Offender Eligible for Youth Offender Parole Hearing
  33. Mistaken Admission of Prior Uncharged Act, No Common Motive
  34. Domestic Violence – Evidence of Suspect’s Other Bad Acts?
  35. Is Hobbs Act Violated by Threat of Sham Litigation?
  36. Are You Charged with DUI and Need to Travel to Canada?
  37. Felony Committed While on Bail or Own Recognizance (OR)?
  38. Penal Code § 1385: Limits on Judge’s Discretion?
  39. What Are the Sentencing Rules Against Dual Use of Facts?
  40. Improper Photo Lineup: When is it Unduly Suggestive?
  41. What Rights Does a Defendant Have in a Misdemeanor?
  42. What Rights Does Defendant Have in an Infraction?
  43. Does Felony Murder Special Circumstance Bar PC § 1170.95?
  44. Mental Health Diversion Unavailable If Trial Starts?
  45. In DV Case, May Defendant Get Victim’s Psych Records?
  46. In DV Case, Can Victim Have Support Person in Court?
  47. What Can Judge Consider in Striking Gun Enhancement?
  48. Examples of Domestic Violence That May Surprise You
  49. Domestic Violence: What Facts Establish Cohabitation?
  50. Stalking – How Are the Terms of the Crime Defined?
  51. Five Requirements for Criminal Threats (PC § 422)
  52. How’s Obscene Defined in P. C. § 653m, Harassing Calls?
  53. When Must a Noticed Bail Hearing be in Open Court?
  54. What One Should Know About OR (Own Recognizance) Release
  55. Modification or Termination of a Criminal Protective Order?
  56. What Firearm and Ammunition Conditions Apply in a DV Case?
  57. What is Perjury, PC 118? Punishment? Defenses?
  58. How Does One Correct Time Credits from Prison or Jail?
  59. What a Judge Requires from the CDCR to Resentence
  60. Is a Warrantless Search OK Based on Smell of Smoke?
  61. Is VC 23103 a Lesser Included Offense of VC 2800.2?
  62. Is a Heavy Sentence OK Anticipating Appellate Review?
  63. Self Defense Considering Victim’s Physical Condition
  64. Voluntary Manslaughter if Man Shoots Cop 30 Times?
  65. Propensity Evidence Admitted in Child Abuse Case
  66. Unavailable Witness: Reading Prelim Hearing Transcript
  67. When Are Cops Entitled to Qualified Immunity?
  68. Federal Sentencing When State Court Intent to Sell
  69. COVID-19 and the Federal Court Speedy Trial Act
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