Matter of Martinez

18 Cited authorities

Johnson v. U.S.
559 U.S. 133 (2010) Cited 2,795 times 14 Legal Analyses
Holding that 18 U.S.C. § 924(e) ’s nearly identical "physical force" clause "means violent force—that is, force capable of causing physical pain or injury to another person"
Taylor v. United States
495 U.S. 575 (1990) Cited 5,298 times 27 Legal Analyses
Holding that the term "burglary" as used in the Armed Career Criminal Act was to be given its "generic, contemporary meaning" to avoid a scenario in which "a person ... would, or would not, receive a sentence enhancement based on exactly the same conduct, depending on whether the State of his prior conviction happened to call that conduct ‘burglary’ "
Leocal v. Ashcroft
543 U.S. 1 (2004) Cited 1,175 times 23 Legal Analyses
Holding that a "DUI causing serious bodily injury" is not a "crime of violence"
People v. Maury
30 Cal.4th 342 (Cal. 2003) Cited 2,607 times 1 Legal Analyses
Holding that the defendant must renew a motion for a change of venue after voir dire to preserve the issue for appeal
People v. Davis
10 Cal.4th 463 (Cal. 1995) Cited 1,134 times
Finding no substantial evidence of incompetence and noting the "[d]efendant's refusal to sit at the counsel table did not evince incompetence or lack of ability to participate meaningfully in the proceedings" because "[h]is explanation for avoiding the counsel table was rational and coherent"
People v. West
3 Cal.3d 595 (Cal. 1970) Cited 759 times 1 Legal Analyses
Holding that plea of guilty or nolo contendere is not rendered involuntary because it is a product of plea bargaining; an accepted plea bargain must be recorded; and court may accept a bargained plea to a lesser offense reasonably related to a charged offense
U.S. v. Gomez-Leon
545 F.3d 777 (9th Cir. 2008) Cited 73 times
Holding that a crime of violence under 18 U.S.C. § 16 "must require proof of an intentional use of force or a substantial risk that force will be intentionally used during its commission"
Ortega-Mendez v. Gonzales
450 F.3d 1010 (9th Cir. 2006) Cited 78 times
Holding that simple battery under California Penal Code section 242 is not a crime of violence under 18 U.S.C. § 16 because it can be based on "the least touching"
Chang v. I.N.S.
307 F.3d 1185 (9th Cir. 2002) Cited 79 times
Holding that, when a conviction results from a guilty plea, the putative predicate crime constitutes an aggravated felony only if the record of conviction establishes that the defendant necessarily pleaded guilty to each and every element of an offense enumerated in 8 U.S.C. § 1101
People v. Dillon
174 Cal.App.4th 1367 (Cal. Ct. App. 2009) Cited 55 times
In People v. Dillon (2009) 174 Cal.App.4th 1367, 1380, the First District held forcible sexual penetration was a general intent crime.
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,797 times 91 Legal Analyses
Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,956 times 71 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1227 - Deportable aliens
8 U.S.C. § 1227 Cited 8,062 times 42 Legal Analyses
Granting this discretion to the Attorney General
Section 16 - Crime of violence defined
18 U.S.C. § 16 Cited 3,511 times 62 Legal Analyses
Defining a crime of violence as ‘ an offense that has as an element the use . . . of physical force against the person or property of another’
Section 1229c - Voluntary departure
8 U.S.C. § 1229c Cited 1,021 times
Imposing statutory penalties for failure to depart

Matter of Martinez

18 Cited authorities

Holding that 18 U.S.C. § 924(e) ’s nearly identical "physical force" clause "means violent force—that is, force capable of causing physical pain or injury to another person"

Holding that a "DUI causing serious bodily injury" is not a "crime of violence"

Holding that the defendant must renew a motion for a change of venue after voir dire to preserve the issue for appeal

Finding no substantial evidence of incompetence and noting the "[d]efendant's refusal to sit at the counsel table did not evince incompetence or lack of ability to participate meaningfully in the proceedings" because "[h]is explanation for avoiding the counsel table was rational and coherent"

Holding that plea of guilty or nolo contendere is not rendered involuntary because it is a product of plea bargaining; an accepted plea bargain must be recorded; and court may accept a bargained plea to a lesser offense reasonably related to a charged offense

Holding that a crime of violence under 18 U.S.C. § 16 "must require proof of an intentional use of force or a substantial risk that force will be intentionally used during its commission"

Holding that simple battery under California Penal Code section 242 is not a crime of violence under 18 U.S.C. § 16 because it can be based on "the least touching"

Holding that, when a conviction results from a guilty plea, the putative predicate crime constitutes an aggravated felony only if the record of conviction establishes that the defendant necessarily pleaded guilty to each and every element of an offense enumerated in 8 U.S.C. § 1101

In People v. Dillon (2009) 174 Cal.App.4th 1367, 1380, the First District held forcible sexual penetration was a general intent crime.

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

Granting this discretion to the Attorney General

Defining a crime of violence as ‘ an offense that has as an element the use . . . of physical force against the person or property of another’

Imposing statutory penalties for failure to depart