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Name Category Published
People v. Meza
Court has discretion to grant motion to correct error where prosecution’s omission of evidence regarding tolling of statute of limitations is ‘minor.’
Criminal Law and Procedure Aug. 17, 2011
U.S. v. Vasquez
Affidavit and warrant are sufficient where documents to be seized were sought to show evidence of criminal activity, not membership in organization.
Criminal Law and Procedure Aug. 16, 2011
People v. Keister
Statute prohibiting sexual contact with minor, which does not require specific intent to commit immediate sex act, does not unconstitutionally restrict right to travel.
Criminal Law and Procedure Aug. 16, 2011
U.S. v. Marguet-Pillado
Denial of criminal defendant’s proposed jury instruction regarding derivative citizenship based on belief that issue was precluded is erroneous.
Criminal Law and Procedure Aug. 15, 2011
People v. Smith
Extension of limitations period for prosecution of defendant, who committed lewd act on child under 14, is proper where evidence corroborates crime of substantial sexual conduct.
Criminal Law and Procedure Aug. 15, 2011
People v. Gonzales
Although prosecutor’s emotional remarks were improperly allowed, conviction is reasonable due to substantial evidence of horrendous murder.
Criminal Law and Procedure Aug. 12, 2011
People v. Lowery
Criminal statute that prohibits 'willful' threats of violence against crime victims does not violate First Amendment where statute targeted 'true threats.'
Criminal Law and Procedure Aug. 12, 2011
People v. Scott
Joinder of murder count with other serious charges is proper because evidence was cross-admissible to prove defendant's plan, scheme, and identity.
Criminal Law and Procedure Aug. 12, 2011
People v. Torres
Sufficient evidence supports conviction for bringing alcohol into jail facility where inmates retrieved alcohol from trash cash following drop off by delivery person.
Criminal Law and Procedure Aug. 12, 2011
People v. Vines
Court may excuse prospective juror when her belief on death penalty would prevent performance of her duties as juror.
Criminal Law and Procedure Aug. 12, 2011
U.S. v. Aguila-Montes de Oca
In determining whether prior conviction qualifies as 'crime of violence,' modified categorical approach applies although crime of conviction is missing element of generic crime.
Criminal Law and Procedure Aug. 12, 2011
People v. Singh
Mandatory sex offender registration for defendant convicted of lewd and lascivious conduct with minor under 14 does not violate equal protection.
Criminal Law and Procedure Aug. 12, 2011
People v. Bowles
Trial court cannot grant new trial based on newly discovered evidence as discovery sanction after jury has already rendered its verdict.
Criminal Law and Procedure Aug. 12, 2011
Fairbank v. Ayers
Defendant’s right to counsel is not violated when jail inmate who received incriminating notes from defendant was not acting under government’s guise.
Criminal Law and Procedure Aug. 11, 2011
Woods v. Sinclair
Defendant’s Sixth Amendment right is not violated where he expresses frustration over process but otherwise fails to unequivocally invoke right to self-representation.
Criminal Law and Procedure Aug. 11, 2011
People v. Battle
Use of peremptory challenge to strike African-American prospective juror does not violate defendant's rights because record did not show discriminatory intent.
Criminal Law and Procedure Aug. 10, 2011
People v. Bryant
Court must instruct jury on voluntary manslaughter where substantial evidence showed that defendant did not subjectively appreciate that her conduct endangered victim's life.
Criminal Law and Procedure Aug. 10, 2011
County of Los Angeles v. American Contractors Indemnity Co.
No defense to bail forfeiture exists on ground that surety’s risk has been materially increased due to additional charges included in later-filed complaint.
Criminal Law and Procedure Aug. 10, 2011
U.S. v. Porta
Court decision to allow supplemental arguments does not result in impermissible coercion where court did not inquire into reasons for jury’s deadlock.
Criminal Law and Procedure Aug. 9, 2011
U.S. v. Aguilar-Reyes
Under Federal Rule of Criminal Procedure 35(a), district court does not have jurisdiction to resentence defendant over 14 days after initial sentencing.
Criminal Law and Procedure Aug. 9, 2011
U.S. v. Washington
Motion is disguised successive motion under 28 U.S.C. Section 2255 where it alleged claims, rather than defect, in integrity of federal habeas proceedings.
Criminal Law and Procedure Aug. 9, 2011
People v. Green
Aggregation of losses to support sentence enhancement for loss exceeding $50,000 is improper where losses were sustained from two distinct schemes of embezzlement.
Criminal Law and Procedure Aug. 8, 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. 8, 2011
U.S. v. Bingham
Convictions for murders as violent crimes in aid of racketeering are sufficiently supported by evidence that defendant gave order to go to war with prison gang.
Criminal Law and Procedure Aug. 5, 2011
U.S. v. Espinoza-Baza
Court may exclude defendant’s proferred evidence regarding grandfather’s alienage to prove his own alienage due to limited probative value and potential for confusion.
Criminal Law and Procedure Aug. 5, 2011
People v. Buza
Seizure of DNA pursuant to statute, which required DNA samples from felony arrestees immediately following arrest, violates Fourth Amendment.
Criminal Law and Procedure Aug. 5, 2011
U.S. v. Houston
Government does not violate disclosure duty where recollection of informant's interviewer is substantially similar to evidence of interview notes used by defense.
Criminal Law and Procedure Aug. 4, 2011
U.S. v. McCarty
Airport search of defendant’s luggage, which was conducted during course of limited administrative search, is not unlawful.
Criminal Law and Procedure Aug. 4, 2011
Close v. Thomas
Bureau of Prisons is not required to prioritize nonviolent offenders, who are eligible for residential drug abuse treatment programs, based on potential early release dates.
Criminal Law and Procedure Aug. 4, 2011
U.S. v. Stanley
Co-owner of computer, who had access to all materials, has authority to consent to search of unprotected files found to contain child pornography.
Criminal Law and Procedure Aug. 3, 2011