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Name Category Published
U.S. v. Lafley
Government has compelling interest in denying convicted drug felon exemption under Religious Freedom Restoration Act to use marijuana during supervised release.
Criminal Law and Procedure Sep. 2, 2011
U.S. v. Hunt
Court errs in imposing heightened sentence for defendant based on specific drug type, even though defendant never admitted to possessing particular drug.
Criminal Law and Procedure Sep. 2, 2011
People v. Parodi
Conviction for bringing controlled substance into correctional facility is not ‘nonviolent drug possession offense’ under Substance Abuse and Crime Prevention Act.
Criminal Law and Procedure Sep. 1, 2011
People v. Muniz
Court’s definition of instruction term regarding reasonable doubt is proper where there is no reasonable likelihood jurors applied instruction in unconstitutional manner.
Criminal Law and Procedure Sep. 1, 2011
Strong v. Superior Court (People)
Prosecution of defendants for murder based on amended statute violates ex post facto principles where victim died 29 years after assault.
Criminal Law and Procedure Aug. 31, 2011
U.S. v. Crowder
Proof that defendant knew of facts that constitute offense is sufficient for conviction for failure to register as sex offender under Sex Offender Registration and Notification Act.
Criminal Law and Procedure Aug. 31, 2011
People v. Torres
Sentence enhancement imposed on defendant is improper where based on offense that was not submitted to jury for conviction.
Criminal Law and Procedure Aug. 31, 2011
People v. Lopez
Defendant’s act of luring victim into secluded alley reflects utter indifference to victim’s life, which supports special circumstance for robbery-murder.
Criminal Law and Procedure Aug. 31, 2011
People v. Clark
Witness-murder special circumstance applies where defendant did not have common criminal intent toward both victims upon initiation of first criminal act.
Criminal Law and Procedure Aug. 30, 2011
In re Hill
Counsel’s assistance is ineffective where she failed to obtain photographs of victim and expert to contradict prosecution expert's testimony.
Criminal Law and Procedure Aug. 30, 2011
People v. Le
Conviction for possession of ‘controlled substance’ is improper where prosecution failed to show MDMA, which was not listed in definition, qualified as controlled substance.
Criminal Law and Procedure Aug. 30, 2011
U.S. v. Stinson
Venue is proper in district where defendant committed essential conduct of committing violent crime, even where physical element of crime occurred elsewhere.
Criminal Law and Procedure Aug. 29, 2011
People v. Blacksher
Court does not err in relying on third report regarding defendant’s competency after previous reports yielded different results.
Criminal Law and Procedure Aug. 26, 2011
People v. Garcia
Defendant challenging grand jury selection process must make showing of purposeful discrimination, including statistical proof of substantial discrimination against suspect group.
Criminal Law and Procedure Aug. 26, 2011
U.S. v. Matus-Zayas
Admission of material witnesses’ videotaped depositions at trial is improper without government’s showing of unavailability.
Criminal Law and Procedure Aug. 25, 2011
U.S. v. Barajas-Alvarado
Alien criminal defendant is entitled to some meaningful review of proceedings resulting in expedited removal order to determine violation of due process rights.
Criminal Law and Procedure Aug. 25, 2011
People v. Mace
Driver has duty to ascertain what assistance injured person may need where he knows that person involved in accident is injured.
Criminal Law and Procedure Aug. 25, 2011
People v. Barajas
Probation condition prohibiting probationer’s presence adjacent to any campus must use language that has reasonable specificity to survive vagueness claim.
Criminal Law and Procedure Aug. 24, 2011
People v. McKinnon
Where statutory requirements for joinder are satisfied, defendant has burden of clearly establishing potential for prejudice sufficient to warrant separate trials.
Criminal Law and Procedure Aug. 23, 2011
U.S. v. Clements
Law requiring sex offenders to register whereabouts does not apply retroactively to defendant who committed sex offense prior to enactment of law.
Criminal Law and Procedure Aug. 23, 2011
U.S. v. Parker
Defendant cannot be charged for protesting on public road across military base where government failed to assert control over property in question.
Criminal Law and Procedure Aug. 23, 2011
People v. Burns
Court errs in instructing jury in second trial that defendant committed aggravated trespassing, thus invoking collateral estoppel against defendant.
Criminal Law and Procedure Aug. 23, 2011
People v. Stiehl
Prosecutor’s office timely files information by delivering it to court clerk for filing, although clerk failed to process document correctly.
Criminal Law and Procedure Aug. 23, 2011
People v. Downey
Warrantless search of apartment does not violate Fourth Amendment because officers had objectively reasonable grounds to conclude probationer lived there.
Criminal Law and Procedure Aug. 22, 2011
U.S. v. Waters
In determining sentencing range under reduction in term of imprisonment due to amended guideline range, court may apply offense level dictated by career offender guideline.
Criminal Law and Procedure Aug. 22, 2011
People v. Lopez
Admission of evidence of prior uncharged acts of misconduct is error as to first degree burglary charge because probative value did not outweigh prejudice.
Criminal Law and Procedure Aug. 22, 2011
People v. Castaneda
Kidnapping conviction is reversed where erroneous instruction as to asportation element in kidnapping charge prejudiced defendant.
Criminal Law and Procedure Aug. 19, 2011
People v. Milward
Defendant's conviction for aggravated assault is necessarily included within offense of aggravated assault by life prisoner and thus, must be reversed.
Criminal Law and Procedure Aug. 19, 2011
People v. Mitchell
Sentence must be reduced where part of sentence was based on enhancement with which defendant was never charged and which he did not admit committing.
Criminal Law and Procedure Aug. 19, 2011
People v. Canizalez
Sufficient evidence supports second-degree murder conviction based on subjective awareness of risk of death that street racing created.
Criminal Law and Procedure Aug. 19, 2011