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Name Category Published
U.S. v. Yepez
Meth importer is ineligible for sentencing relief because historical facts established that he was on probation when he committed federal drug offense.
Criminal Law and Procedure Dec. 20, 2012
U.S. v. Valdavinos-Torres
Previously deported aien's conviction for possession of methamphetamine for sale constitutes aggravated felony, which forms proper legal basis for deportation.
Criminal Law and Procedure Dec. 20, 2012
People v. Huynh
Body found in alley wrapped in blanket and covered in semen and hair is enough to establish reasonable inference of death by criminal agency.
Criminal Law and Procedure Dec. 20, 2012
People v. Kim
Trial court incorrectly vacates petty theft conviction 12 years after sentence had been served, even if not doing so could result in deportation.
Criminal Law and Procedure Dec. 19, 2012
People v. Bauer
Prison sentence for lewd and lascivious conduct with child is overturned because court failed to advise defendant of right to counsel at probation revocation hearing.
Criminal Law and Procedure Dec. 19, 2012
U.S. v. Bustos-Ochoa
Immigration judge’s failure to inform illegal alien of availability of possible relief from deportation does not prejudice alien because he was ineligible for relief.
Criminal Law and Procedure Dec. 18, 2012
People v. Watkins
Open voir dire of convicted murderer, who shot hotel guest, is proper where he had opportunity to question jurors both openly and in private.
Criminal Law and Procedure Dec. 17, 2012
U.S. v. Oliva
Government may monitor background conversations overheard during standard cell phone intercepts where particular cell phone is specifically listed in court order.
Criminal Law and Procedure Dec. 17, 2012
People v. Nocelotl
Kidnapper cannot withdraw plea after mistakenly believing he would be sentenced based on psychological reports, rather than warden's unfavorable report.
Criminal Law and Procedure Dec. 17, 2012
People v. Lujan
Child witness is allowed to testify remotely over closed-circuit television when face-to-face confrontation with defendant would cause trauma.
Criminal Law and Procedure Dec. 17, 2012
People v. Moore
Probation condition prohibiting probationer from owning, possessing, or using deadly weapons does not need to expressly require knowledge of possession.
Criminal Law and Procedure Dec. 13, 2012
People v. Jasso
Gang member who shot at rival gang member in restaurant is not denied fair trial because strong evidence of crime overcame prosecutor's improper argument.
Criminal Law and Procedure Dec. 13, 2012
People v. Milstein
Attorney’s conviction for conspiracy to defraud inmates by advertising ‘early release’ legal service is overturned because his prosecution was time-barred.
Criminal Law and Procedure Dec. 12, 2012
People v. Velasquez
Gang member's assault conviction for shooting at five people is improper where jury instruction failed to clarify that each victim had to be at risk.
Criminal Law and Procedure Dec. 12, 2012
People v. Dungo
At trial of man who strangled girlfriend, forensic pathologist's testimony based on autopsy report of another pathologist does not violate Sixth Amendment.
Criminal Law and Procedure Dec. 12, 2012
People v. Moore
Probation condition prohibiting probationer from owning, possessing, or using deadly weapons does not need to expressly require knowledge of possession.
Criminal Law and Procedure Dec. 12, 2012
Loftis v. Almager
Drug dealer's plea bargain murder conviction does not violate constitution despite absence of factual basis finding where dealer does not proclaim innocence.
Criminal Law and Procedure Dec. 11, 2012
People v. Thomas
Juvenile offender’s 196 years to life sentence in gang-related murder case is reversed because it constitutes cruel and unusual punishment.
Criminal Law and Procedure Dec. 11, 2012
People v. Peterson
Defendant’s plea agreement is set aside following falsehoods she made while testifying against co-defendant regarding true extent of her participation in crime.
Criminal Law and Procedure Dec. 11, 2012
People v. Conley
Man who was standing in middle of public road with blood-alcohol content of 0.19 percent is not illegally detained by police officer.
Criminal Law and Procedure Dec. 10, 2012
In re Denham
Board of Parole Hearings improperly denies parole for inmate who committed egregious crime, but was found to be at low risk of recidivism by psychologist.
Criminal Law and Procedure Dec. 9, 2012
Ortiz v. Yates
Husband's cross-examination rights are violated in domestic violence trial where court precluded inquiry into incarceration threats prosecutor made to witness wife.
Criminal Law and Procedure Dec. 6, 2012
U.S. v. Keyser
First amendment does not protect author from conviction when he wrote book on anthrax and mailed 120 packets of sugar labeled “Anthrax” to generate publicity.
Criminal Law and Procedure Dec. 6, 2012
In re Denham
Board of Parole Hearings improperly denies parole for inmate who committed egregious crime, but was found to be at low risk of recidivism by psychologist.
Criminal Law and Procedure Dec. 5, 2012
People v. Dydouangphan
Marijuana grower is properly sentenced for killing thief with shotgun because he could be punished for both voluntary manslaughter and shooting at vehicle.
Criminal Law and Procedure Dec. 5, 2012
U.S. v. Harris
Airport employee violates statute prohibiting carrying of concealed dangerous weapon on aircraft when he helped passenger smuggle pocketknife past security.
Criminal Law and Procedure Dec. 5, 2012
U.S. v. Hernandez-Estrada
Deported alien fails to show Southern District Court of California's jury selection process is unconstitutional because minorities are not substantially underrepresented.
Criminal Law and Procedure Dec. 5, 2012
People v. McCloud
Partygoers cannot be convicted of attempted murder for firing 10 shots into crowd because they did not intend to kill everyone in area around targeted victim.
Criminal Law and Procedure Dec. 5, 2012
People v. Lowe
Experts’ opinion regarding mental health and recidivism risk is admissible in determining whether defendant should be committed as sexually violent predator.
Criminal Law and Procedure Dec. 3, 2012
People v. Homick
Death sentence based on California murders committed by lying in wait is upheld despite prior federal murder-for-hire convictions involving same victims.
Criminal Law and Procedure Dec. 3, 2012