Case Summaries

Criminal Law & Procedure

[03/11] Peralta v. US
In proceedings involving defendant's pro se motion under 28 U.S.C. section 2255 to vacate his sentence on grounds of ineffective assistance of counsel in connection with his guilty plea, sentencing, and direct appeal, the district court's denial of the motion is affirmed where: 1) the district court did not commit err in finding that defendant was not denied constitutionally effective assistance of counsel; and 2) defendant's other issues outside the certificate of appealability are waived.

[03/10] US v. Fisher
Defendant's firearm possession conviction is affirmed where police had probable cause to detain defendant because they were responding to a 911 call late at night, in a high crime area, with every reason to suspect gunplay, and the only vehicle at the scene looked as if it was about to depart.

[03/10] People v. Arias
Conviction of defendant for first-degree murder and jury's finding, inter alia, that the murder was committed to benefit a criminal street gang, is affirmed for the most part except that the findings as to two attempted murder convictions that the attempted murders were willful, deliberate and premeditated are reversed.

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