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Name Category Published
People v. Gonzalez
Confession is inadmissible when probation officer impliedly promised to recommend shorter sentence if suspect spoke without attorney present.
Criminal Law and Procedure Nov. 15, 2012
U.S. v. Maloney
Defendant may not respond to attack on his credibility during rebuttal closing argument because prosecution only countered defense without new arguments.
Criminal Law and Procedure Nov. 15, 2012
People v. Verduzco
Drug dealer’s possession of only one chemical used to manufacture methamphetamine does not support conviction for possession with intent to make drug.
Criminal Law and Procedure Nov. 9, 2012
People v. Arauz
Inmate's statement to jailhouse informant may be used against drive-by shooter where inmate provided details of crime against his own interest.
Criminal Law and Procedure Nov. 9, 2012
People v. Mathson
Driver, who took sleep aid Ambien while knowing of possible 'sleep driving' side effect, is convicted of driving under the influence.
Criminal Law and Procedure Nov. 8, 2012
U.S. v. Zamorano-Ponce
Prior Washington state conviction for rape of child between 14 and 16 when perpetrator was four years older adds time to alien’s sentence for illegal reentry.
Criminal Law and Procedure Nov. 7, 2012
Carrera v. Ayers
Defense counsel's assistance is not ineffective due to failure to object to peremptory challenges because dismissal of Hispanic jurors was non-discriminatory.
Criminal Law and Procedure Nov. 7, 2012
People v. Aznavoleh
Street racer's conviction for assault with deadly weapon is upheld when he deliberately ran red light, causing collision that severely injured others.
Criminal Law and Procedure Nov. 7, 2012
People v. Franzen
Internet database containing list of cell phone owners is not admissible to identify defendant as owner of cell phone used in a drug sale transaction.
Criminal Law and Procedure Nov. 7, 2012
In re Coronel
Board of Parole Hearings wrongly denies parole by failing to establish nexus between inmate's evasive responses and his current dangerousness.
Criminal Law and Procedure Nov. 7, 2012
People v. Moncada
Man is convicted of killing infant son by pushing him into couch until he stopped breathing, even though son died eight years later of complications.
Criminal Law and Procedure Nov. 6, 2012
People v. Wyatt
Simple assault jury instruction is not required where adult defendant leaps on toddler during 'play wrestling' and child dies from injuries.
Criminal Law and Procedure Nov. 6, 2012
People v. Salas
Court may execute suspended 2005 robbery conviction due to 2011 assault conviction because original probation had not yet expired.
Criminal Law and Procedure Nov. 1, 2012
People v. Washington
Prior Illinois convictions for aggravated assault qualify as serious felonies and thus, amount to strikes under California's Three Strikes law.
Criminal Law and Procedure Nov. 1, 2012
People v. Verba
Sex offender cannot receive additional custody credits under new law because fiscal and deterrent-based reasons constitute rational bases for delayed operative date.
Criminal Law and Procedure Nov. 1, 2012
In re Reno
Defendant engages in abusive writ practice by filing second habeas petition that is untimely, 521 pages long, and has 143 claims.
Criminal Law and Procedure Nov. 1, 2012
U.S. v. Johnson
Defendant, who had two decades-old rape convictions, must undergo sexual offender assessment as condition of supervised release.
Criminal Law and Procedure Oct. 31, 2012
People v. Sosa
Convictions for possessing cocaine and possession while armed are upheld where defendant discarded cocaine while carrying firearm.
Criminal Law and Procedure Oct. 31, 2012
In re Cabrera
Dept. of Corrections and Rehabilitation may identify inmate as prison gang associate based on drawings containing gang symbols in cell.
Criminal Law and Procedure Oct. 30, 2012
Stankewitz v. Wong
Counsel's assistance is ineffective where he failed to present mitigating evidence of client's childhood abuse, substance use, and psychological damage.
Criminal Law and Procedure Oct. 30, 2012
People v. Otero
Use of diagram to explain proof beyond reasonable doubt is harmless misconduct because there was substantial evidence against defendant in sexual assault case.
Criminal Law and Procedure Oct. 30, 2012
People v. Gonzalez
Confession is inadmissible when probation officer impliedly promised to recommend shorter sentence if suspect spoke without attorney present.
Criminal Law and Procedure Oct. 30, 2012
People v. Leal
Probation condition prohibiting convicted drug dealer from using medical marijuana is valid where dealer used medical card as cover for illegal sales.
Criminal Law and Procedure Oct. 30, 2012
People v. Delgado
Defendant may initially challenge calculation of custody credits on appeal where it involves interpretation of statutes, rather than mere clerical error.
Criminal Law and Procedure Oct. 29, 2012
People v. Gonzalez
Gang member's first degree murder conviction based on in-custody informant's testimony regarding conversations is outside scope of law requiring informant's corroboration.
Criminal Law and Procedure Oct. 29, 2012
People v. Salter
Court is not required to appoint second attorney to represent incompetent defendant’s interest in not being committed to mental institution.
Criminal Law and Procedure Oct. 29, 2012
People v. Simmons
Sex offender cannot be prosecuted for showing pornographic movie to six-year-old boy because charges were not timely filed.
Criminal Law and Procedure Oct. 29, 2012
In re Martinez
Inmate who became quadriplegic due to attack while incarcerated should be medically paroled because he is incapable of harming others without outside assistance.
Criminal Law and Procedure Oct. 29, 2012
Amy and Vicky v. District Court (Kennedy)
Crime Victims Rights Act requires causal connection between defendant’s conduct and victim’s losses for purposes of awarding restitution to child pornography victims.
Criminal Law and Procedure Oct. 26, 2012
People v. Nunez
Mental health facility patient, who escaped and used hammer to take victim’s car, may not receive extra punishment for assault with hammer.
Criminal Law and Procedure Oct. 26, 2012