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California Court of Appeal: Defendant Cannot Be Convicted of Robbery and Kidnapping to Commit Robbery for Same Act

Loaded on June 15, 2021 by Anthony Accurso published in Criminal Legal News July, 2021, page 25
Filed under: Double jeopardy. Location: California.

by Anthony Accurso

The Court of Appeal of California, Second Appellate District, Division Eight, vacated a defendant’s conviction for robbery because he had been convicted for kidnapping to commit robbery, but state law prohibits multiple convictions for the same “act.”

Jose Marcos Barrios approached a vehicle parked on the street ...

 

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  1. Deliberately Convicting the Innocent: Exonerations Expose the Criminal Justice System’s Callous Indifference Toward Official Misconduct, by Douglas Ankney
  2. Tenth Circuit: District Courts Have Authority to Decide What Constitutes ‘Extraordinary and Compelling Reasons’ for Compassionate Release After First Step Act, by Dale Chappell
  3. Texas Court of Criminal Appeals: Warrantless Arrest Designed to Elicit a Confession Constitutes Flagrant Misconduct Requiring Suppression of Confession, by Douglas Ankney
  4. Pennsylvania Supreme Court: Failure to Object to Improper Jury Instruction and Curative Instruction by Court Containing ‘Freudian Slip’ Constitutes IAC, by Anthony Accurso
  5. Federal Habeas Corpus: Discovery and Expanding the Record, by Dale Chappell
  6. Illinois Supreme Court Announces Person Seeking Certificate of Innocence Need Only Prove Innocence of Originally Prosecuted Theory of Offense, not Every Conceivable Theory, by Matthew Clarke
  7. An Ignoble Process How High-Pressure Tactics and Flawed Investigative Techniques Created a Miscarriage of Justice, by Casey Bastian
  8. Inflation Increases Likelihood of Felony Theft Charges, by David Reutter
  9. Report Shows Cellphone Searches Common, by Jayson Hawkins
  10. Iowa Supreme Court: Successful Adjustment to Sex Offender Registry Requirements Not a Reason to Deny Modification, by David Reutter
  11. California Court of Appeal: Defendant Cannot Be Convicted of Robbery and Kidnapping to Commit Robbery for Same Act, by Anthony Accurso
  12. Alaska Supreme Court: ‘Set Aside’ Conviction From 1997 Is Not ‘Conviction’ Triggering Lifetime ASORA Registration, by Anthony Accurso
  13. Discredited New York Police Detective’s False Testimony Causes the Dismissal of Close to 100 Drug Convictions, by Derek Gilna
  14. Eleventh Circuit: Timely Filed Amended Fla. R. Crim. P. 3.850 Motion Tolls AEDPA Clock, Rejects State’s Proposed 30-Day Limitations Period, by Dale Chappell
  15. Ninth Circuit Joins Five Other Circuits in Holding § 1B1.13 Doesn’t Apply to Compassionate Release Motions by Prisoners, by Dale Chappell
  16. Cancel Culture Nothing New to Those on Sex Offense Registries, by Sandy Rozek
  17. North Carolina Governor Announces Formation of Juvenile Sentence Review Board, by Douglas Ankney
  18. The Era of Punitive Excess The criminal justice system is marred by an overreliance on excessive punishment, by Bruce Western, Jeremy Travis
  19. Tenth Circuit: Warrantless Search of Truck Driver’s Home Not Justified Solely by Connection to Alien Smuggling, by Anthony Accurso
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  21. Direct Collateral Review Creates Path Around AEDPA Hurdles for State Prisoners Seeking Postconviction Relief, by Dale Chappell
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  24. Mississippi Supreme Court Reverses Conviction due to Double Jeopardy Violation Because of Mistrial Without Manifest Necessity in Initial Trial, by Matthew Clarke
  25. Wyoming Supreme Court Abandons Alter Ego Rule in Relation to Defense-of-Another Claim, by Anthony Accurso
  26. California Court of Appeal: § 3051’s Exclusion of One Strike Offenders from Youthful Offender Parole Hearings Violates Equal Protection, by Douglas Ankney
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  36. Tenth Circuit Joins Other Circuits, Holds § 1B1.13 Does Not Apply to Compassionate Release Motions Filed by Prisoners, by Dale Chappell
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  38. News in Brief

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