Case Summaries
Criminal Law & Procedure
Sentencing
Criminal Law & Procedure
[08/27]
P. v. Bolton
Conviction for assault with a deadly weapon, mayhem, battery, and resisting an officer is reversed and remanded where the trial court erred in relieving defendant's attorney just a few days prior to trial, based on the attorney's assertion that a conflict of interest existed.
[08/27]
P. v. Morris
Conviction for grand theft, receiving stolen property, and two prison prior allegations is affirmed in part and reversed in part where the conviction of receiving stolen property must be reversed as it was based upon his possession of the very same property that formed the basis of his grand theft conviction.
[08/27]
US v. Yelaun
Conviction and sentence for federal fraud related offenses committed during a scheme to collect insurance payments for medical tests is affirmed over claims of error that: 1) certain trial testimony was admitted in error; 2) there was a variance between the indictment's count 43, which charged defendant with conspiracy to commit money laundering, and the proof at trial; and 3) the judged erred in calculating defendant's sentence according to two sentence enhancements.
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Sentencing
[08/27]
P. v. Morris
Conviction for grand theft, receiving stolen property, and two prison prior allegations is affirmed in part and reversed in part where the conviction of receiving stolen property must be reversed as it was based upon his possession of the very same property that formed the basis of his grand theft conviction.
[08/27]
US v. Yelaun
Conviction and sentence for federal fraud related offenses committed during a scheme to collect insurance payments for medical tests is affirmed over claims of error that: 1) certain trial testimony was admitted in error; 2) there was a variance between the indictment's count 43, which charged defendant with conspiracy to commit money laundering, and the proof at trial; and 3) the judged erred in calculating defendant's sentence according to two sentence enhancements.
[08/27]
US v. Sanchez-Badillo
Convictions and sentences for conspiring to distribute heroin, cocaine, cocaine base, and marijuana are affirmed over claims of error that: 1) jury's conspiracy verdict was not supported by evidence; 2) trial court made sentencing errors; 3) evidence was insufficient to support jury's verdict against one of the defendants on weapons charges and prosecutorial misconduct entitles him to a new trial; and 4) trial judge made impermissible comments in the jury's presence and defendant was denied effective assistance of counsel.
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