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Name Category Published
U.S. v. Mendez-Gonzalez
Defendant cannot challenge drug-testing condition in his supervised release because he waived his right to appeal his sentence.
Criminal Law and Procedure Oct. 8, 2012
U.S. v. Budziak
File-sharing user may be convicted for distributing child pornography when he kept files in folder where they could be downloaded by others.
Criminal Law and Procedure Oct. 8, 2012
U.S. v. Nungaray
Gun seller's sentence is enhanced because he orchestrated sale of firearms to undercover officer by negotiating and arranging sales.
Criminal Law and Procedure Oct. 8, 2012
Peck v. Thomas
Bureau of Prisons' regulation excluding certain classes of inmates from eligibility for early release does not violate Administrative Procedure Act.
Criminal Law and Procedure Oct. 8, 2012
U.S. v. Jones
Federal sentence due to revocation of supervised release increases when defendant receives second California conviction for indecent exposure.
Criminal Law and Procedure Oct. 8, 2012
People v. Johnson
Operators of nonprofit group home can be charged with misappropriating public funds because government still controlled how funds could be used.
Criminal Law and Procedure Oct. 5, 2012
U.S. v. Valenzuela-Espinoza
Statements made over six hours after defendant’s arrest must be suppressed because delay in presenting defendant to magistrate was unreasonable.
Criminal Law and Procedure Oct. 5, 2012
People v. Acevedo
Court may refuse to order disclosure of wiretapping documentation, which led to seizure of 353 kilograms of cocaine and illegal proceeds.
Criminal Law and Procedure Oct. 4, 2012
People v. Infante
Possession of loaded firearm by gang member with prior felony conviction serves to show active participation in a criminal street gang.
Criminal Law and Procedure Oct. 3, 2012
People v. Wooten
Attempted rapist who forced victim to perform oral sex, then attempted to kill her, may be given same sentence enhancement for both crimes.
Criminal Law and Procedure Oct. 3, 2012
In re Sanchez
Board of Parole Hearings fails to grant parole to inmate, who showed remorse and took responsibility, 17 years after he shot rival gang member.
Criminal Law and Procedure Oct. 3, 2012
People v. Clytus
Court improperly sentences probationer to state prison when he was ordered to serve sentence after effective date of Realignment Act.
Criminal Law and Procedure Oct. 3, 2012
People v. Smith
Defendant may only be convicted of one count of indecent exposure arising from single act of exposure even if several victims witnessed conduct.
Criminal Law and Procedure Oct. 2, 2012
Cudjo v. Ayers
Exclusion of testimony regarding confession by defendant's brother on hearsay grounds violates constitutional right to present defense.
Criminal Law and Procedure Oct. 1, 2012
Miles v. Martel
Attorney’s assistance is ineffective when he tells defendant to reject plea bargain of six years without mentioning possibility of 25-year sentence.
Criminal Law and Procedure Oct. 1, 2012
People v. Johnson
Operators of nonprofit group home can be charged with misappropriating public funds because government still controlled how funds could be used.
Criminal Law and Procedure Sep. 28, 2012
People v. Wooten
Attempted rapist who forced victim to perform oral sex, then attempted to kill her, may be given same sentence enhancement for both crimes.
Criminal Law and Procedure Sep. 27, 2012
People v. Nelson
Mentally disordered offender is properly recommitted to mental health facility based on notes made by hospital staff stating she displayed aggressive behavior.
Criminal Law and Procedure Sep. 26, 2012
People v. Carrasco
Acts of vandalism stemming from single angry impulse amount to felony vandalism even if damage was directed at more than one victim.
Criminal Law and Procedure Sep. 26, 2012
People v. Orozco
Court may not decline to defer entry of judgment against defendant convicted of cocaine possession just because he also had a DUI conviction.
Criminal Law and Procedure Sep. 26, 2012
Spaccia v. Superior Court (People)
Entire district attorney's office cannot be recused from case where alleged conflict was speculative and did not show actual unfairness.
Criminal Law and Procedure Sep. 26, 2012
People v. McCoy
Court properly finds two entries into home by defendant for sentencing purposes where jury did not make express finding as to number of entries.
Criminal Law and Procedure Sep. 25, 2012
People v. Robinson
To assist in funding court operations, court must require defendant to pay two assessment fees following his conviction for petty theft.
Criminal Law and Procedure Sep. 25, 2012
People v. Paniagua
Unreliable evidence inferring that child molester allegedly took trip to Thailand for illicit sex purposes must be excluded.
Criminal Law and Procedure Sep. 24, 2012
U.S. v. Marquez-Lobos
For purposes of sentence enhancement for crime of violence, Arizona's kidnapping statute categorically meets generic definition of kidnapping.
Criminal Law and Procedure Sep. 24, 2012
People v. Accredited Surety and Casualty Co.
Court may not forfeit second bond posted by surety due to defendant’s failure to appear in court because bond was void as matter of law.
Criminal Law and Procedure Sep. 24, 2012
U.S. v. Anekwu
Admitting certificates of authentication for foreign public and business records via affidavit does not violate Confrontation Clause.
Criminal Law and Procedure Sep. 21, 2012
People v. Garcia
Inmate who had been in custody for 244 days before receiving his sentence is entitled to two days of conduct credit for every four days in custody.
Criminal Law and Procedure Sep. 21, 2012
People v. Houston
Defendant’s pre-shooting plan, including diagrams of school and ‘goodbye letter’ to family, shows careful planning and weighing of consequences supporting first degree murder convictions.
Criminal Law and Procedure Sep. 20, 2012
Rogovich v. Ryan
Court is not required to obtain murderer’s consent to insanity defense before his attorney presents the defense at trial.
Criminal Law and Procedure Sep. 19, 2012