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Name Category Published
People v. Sanders
Defendant's admission of allegations set forth in involuntary civil commitment proceeding under Sexually Violent Predators Act waives constitutional right to speedy trial.
Criminal Law and Procedure Feb. 22, 2012
People v. Mbaabu
Defendant is not entitled to relief where his plea exposed him to deportation but his attorney failed to admonish him of immigration consequences of plea.
Criminal Law and Procedure Feb. 21, 2012
People v. McCloud
Provision of Sexually Violent Predator Act that allows judges to deny petitions as ‘frivolous’ may violate equal protection by disparately treating similarly situated persons.
Criminal Law and Procedure Feb. 21, 2012
People v. Torres
Defendant must serve her entire sentence in state prison, not county jail, where county sentence ran in conjunction with sentence she was already serving in state prison.
Criminal Law and Procedure Feb. 21, 2012
People v. Leavel
Evidence is sufficient for finding of kidnapping for robbery where defendant unnecessarily forced victim to accompany him as he searched her house.
Criminal Law and Procedure Feb. 21, 2012
In re Thompkins
Prison inmate is not denied due process where he is not permitted to attend hearing regarding his application for advanced parole hearing.
Criminal Law and Procedure Feb. 16, 2012
U.S. v. Lopez-Avila
Double jeopardy does not bar retrial following mistrial where prosecutor altered statements from guilty plea hearing to make it seem that defendant lied.
Criminal Law and Procedure Feb. 15, 2012
U.S. v. Yeung
Mandatory Victims Restitution Act requires court to provide adequate explanation in reaching amount of restitution to victims of fraudulent real estate investment scheme.
Criminal Law and Procedure Feb. 14, 2012
The American Civil Liberties Union of Nevada v. Masto
State legislature's decision to enact sex offender registration and notification requirements retroactively does not violate constitutional prohibition of retroactive additional punishments.
Criminal Law and Procedure Feb. 13, 2012
People v. Brandao
Defendants convicted of annoying child motivated by abnormal sexual interest are not similarly situated with sex offenders that receive discretionary sexual registration requirements.
Criminal Law and Procedure Feb. 10, 2012
In re Mims
Parole agency’s determination of defendant’s unsuitability for parole is supported by some evidence, which compels denial of petition for habeas relief.
Criminal Law and Procedure Feb. 10, 2012
People v. Louie
Street terrorism sentence is stayed where defendants had already been punished for criminal acts underlying street terrorism charges.
Criminal Law and Procedure Feb. 9, 2012
U.S. v. Kimsey
Conviction under federal criminal contempt statute for unauthorized practice of law cannot be based on violation of state court's local rules.
Criminal Law and Procedure Feb. 9, 2012
People v. Holford
In prosecution for possession of child pornography, 25-minute video of child pornography may be shown to jury in its entirety because of high probative value.
Criminal Law and Procedure Feb. 9, 2012
People v. Latham
Evidence is sufficient to support finding of second degree murder where parents knew of daughter's potentially fatal condition, but did not seek medical attention.
Criminal Law and Procedure Feb. 8, 2012
Farmer v. McDaniel
Where initial sentence imposes death penalty that is later vacated, state may reimpose death penalty on another basis without violating double jeopardy.
Criminal Law and Procedure Feb. 8, 2012
People v. Enraca
Defendant waives his right to invoke counsel when he initiated conversation with officer after interrogation ended and freely confessed to committing murders.
Criminal Law and Procedure Feb. 7, 2012
People v. Fuiava
Trial court properly excludes defendant’s proferred evidence that had only marginal relevance to his claim that his shooting of deputy was justified.
Criminal Law and Procedure Feb. 7, 2012
U.S. v. Reyes-Bonilla
In prosecution for illegal reentry, defendant seeking to exclude prior removal order, which violated due process right to counsel, must prove actual prejudice.
Criminal Law and Procedure Feb. 7, 2012
People v. Gabriel
Prior felony convictions for possession of assault weapon and cultivation of marijuana involve moral turpitude and are admissible to impeach defendant's credibility.
Criminal Law and Procedure Feb. 6, 2012
People v. Brents
Jury instruction for kidnapping special circumstance allegation that required finding that murder was committed to carry out assault results in prejudicial error.
Criminal Law and Procedure Feb. 3, 2012
People v. Elliott
Inconsistencies in initial description of perpetrator do not warrant reversal where jury found witnesses credible and sufficient evidence supported conviction.
Criminal Law and Procedure Feb. 3, 2012
Lane v. Valverde
Breath test is valid although police officer failed to test accuracy within necessary 10-day period when breath test occurred before 10 days elapsed.
Criminal Law and Procedure Feb. 2, 2012
U.S. v. Noriega-Perez
Property owner, who rented houses for use in smuggling operation, is properly convicted of aiding and abetting smuggling of aliens into U.S.
Criminal Law and Procedure Feb. 2, 2012
People v. Cravens
Court finds sufficient evidence to support conviction for second degree murder on implied malice theory where defendant sucker punched victim, causing death.
Criminal Law and Procedure Jan. 31, 2012
People v. Johnson
Court properly denies defendant right to self-representation where defendant is competent to stand trial, but not to conduct trial proceedings himself.
Criminal Law and Procedure Jan. 31, 2012
People v. Indiana Lumbermens Mutual Insurance Co.
Addition of robbery charge based on same acts alleged in original complaint, materially increasing surety’s risk, does not automatically exonerate bond.
Criminal Law and Procedure Jan. 31, 2012
People v. Hughes
Court may impose probation condition that prohibits defendant from using medical marijuana where condition related to crimes of conviction and future criminality.
Criminal Law and Procedure Jan. 30, 2012
People v. Miller
Equitable estoppel prevents narcotics offender, who entered into plea agreement, from vacating his plea even where his misdemeanor was mistakenly classified as felony.
Criminal Law and Procedure Jan. 30, 2012
U.S. v. McGowan
Former prison guard's sentencing deprives him of due process by relying on allegations made by inmate who was not present at trial or hearing.
Criminal Law and Procedure Jan. 27, 2012