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Name Category Published
Johnson v. Uribe
District court abuses discretion by granting habeas petition subject only to resentencing where defendant received ineffective assistance of counsel throughout entire plea bargaining process.
Criminal Law and Procedure Jun. 24, 2012
U.S. v. Rivera
Court violates defendant's Sixth Amendment right to fair trial when it excludes family members from courtroom during sentencing.
Criminal Law and Procedure Jun. 24, 2012
People v. Iboa
Defendant may be convicted for threatening unlawful violence on officer, which deterred performance of officer’s duty, without running afoul of First Amendment.
Criminal Law and Procedure Jun. 24, 2012
Southern Union Co. v. U. S.
Maximum punishment authorized for particular crime must be proved to jury beyond reasonable doubt where criminal fine is substantial enough to trigger Sixth Amendment’s jury-trial guarantee.
Criminal Law and Procedure Jun. 21, 2012
Dorsey v. U.S.
Fair Sentencing Act’s new, lower mandatory minimum prison terms apply to post-Act sentencing of pre-Act crack cocaine offenders.
Criminal Law and Procedure Jun. 21, 2012
People v. Correa
By its plain language, Penal Code Section 654 does not bar multiple punishment for multiple violations of same criminal statute.
Criminal Law and Procedure Jun. 21, 2012
People v. Jones
Defendant may not be punished separately for being felon in possession of firearm, carrying concealed firearm, and carrying loaded firearm based on single act.
Criminal Law and Procedure Jun. 21, 2012
U.S. v. Mak
Defendant who conspired to violate export control laws is properly convicted under Arms Export Control Act, which is not unconstitutionally vague because it is content neutral.
Criminal Law and Procedure Jun. 21, 2012
U.S. v. Ramos-Medina
First degree residential burglary under California Penal Code Section 459 constitutes crime of violence under immigration laws and for purposes of sentencing.
Criminal Law and Procedure Jun. 21, 2012
U.S. v. Wing
Court lacks jurisdiction to revoke term of supervised released based on newly discovered violations of previously revoked term of supervised release.
Criminal Law and Procedure Jun. 21, 2012
Marrero v. Ives
Claim that petitioner was wrongly classified as career offender under sentencing guidelines is not cognizable as claim of ‘actual innocence’ under escape hatch.
Criminal Law and Procedure Jun. 19, 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 Jun. 19, 2012
U.S. v. Becker
District court does not commit plain error by imposing sex offender registration condition on defendant who admitted to possessing child pornography.
Criminal Law and Procedure Jun. 19, 2012
Peck v. Thomas
Bureau of Prisons' regulations categorically excluding certain classes of inmates from eligibility for early release is not violation of Administrative Procedure Act.
Criminal Law and Procedure Jun. 19, 2012
Williams v. Illinois
Expert's testimony concerning third party lab's report does not violate Confrontation Clause where report was not admitted into evidence.
Criminal Law and Procedure Jun. 18, 2012
Smith v. United States
When witnesses testify about colleagues' scientific reports, but report writers themselves do not testify, is Confrontation Clause violated?
Criminal Law and Procedure Jun. 18, 2012
People v. Brown
New formula for calculating local custody credits cannot be applied retroactively to defendant who had already been convicted prior to enactment of law.
Criminal Law and Procedure Jun. 18, 2012
Briggs v. Grounds
Prosecutor exercises peremptory challenges in lawful manner when she questioned jurors similarly and provided race-neutral reasons for challenges.
Criminal Law and Procedure Jun. 17, 2012
People v. Little
First degree burglary conviction is appropriate when burglary occurred while realtor conducted open house on behalf of homeowners, who had left premises.
Criminal Law and Procedure Jun. 17, 2012
Macy v. Superior Court (People)
Dismissal is not proper remedy for sexually violent predator proceedings when experts produce conflicting evaluations.
Criminal Law and Procedure Jun. 17, 2012
People v. Aldana
Conviction for knowingly keeping false accounts is improper where timesheets may have been inaccurate, but were not materially false.
Criminal Law and Procedure Jun. 14, 2012
U.S. v. Elkins
Requiring sex offender to register under Sex Offenders Registration and Notification Act does not violate Ex Post Facto Clause because registration requirement is not punitive.
Criminal Law and Procedure Jun. 14, 2012
People v. Rangel
Search of text messages in defendant's cell phone occurs under valid warrant where phone likely contained items that were functional equivalent of those listed in warrant.
Criminal Law and Procedure Jun. 14, 2012
People v. Solis
Defendant is properly sentenced to full consecutive terms for multiple counts of forcible rape because legal standard for finding that offenses were committed on 'separate occasions' is not unconstitutionally vague.
Criminal Law and Procedure Jun. 13, 2012
U.S. v. Berry
Jury instruction on social security fraud, which merged definitions of 'knowingly' and 'willfully,' is harmless error where payee defendant had notice of responsibilities.
Criminal Law and Procedure Jun. 12, 2012
Parker v. Matthews
Antiterrorism and Effective Death Penalty Act of 1996 proscribes using federal habeas review as vehicle to second-guess reasonable decisions of state courts.
Criminal Law and Procedure Jun. 11, 2012
Evans v. Michigan
Does double jeopardy bar a retrial where case is dismissed based upon court's legal error of creating new element for charged offense?
Criminal Law and Procedure Jun. 11, 2012
Leavitt v. Arave
Defendant's ineffective assistance of counsel claims fail where defendant could not show that trial counsel's conduct was both deficient and prejudicial.
Criminal Law and Procedure Jun. 11, 2012
U.S. v. Grant
Good faith exception to officers' execution of warrant on defendant's home does not apply where officers' reliance on warrant was 'entirely unreasonable.'
Criminal Law and Procedure Jun. 11, 2012
People v. Smith
Defendant gang member is correctly found guilty of second degree murder because aider and abettor liability is not limited to crimes committed by confederates.
Criminal Law and Procedure Jun. 10, 2012