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People v. Superior Court (Wright)
Fraudulent voting charges are reinstated where presumption that legislator's domicile is address in voter registration form does not apply.
Criminal Law and Procedure Jul. 13, 2011
In re Richardson
Habeas relief for ineffective assistance of appellate counsel is denied where claim is based on trial counsel’s assistance that court did not find deficient.
Criminal Law and Procedure Jul. 13, 2011
Brown v. Horell
Habeas corpus petition is properly denied although interrogator coerced defendant into confessing by conditioning his ability to see his child on cooperation with police.
Criminal Law and Procedure Jul. 13, 2011
People v. Bivert
Evidence tending to prove defendant was White supremacist is relevant and admissible in proving motive and intent to kill.
Criminal Law and Procedure Jul. 12, 2011
In re Crew
Defendant fails to show ineffective assistance of counsel where mitigating evidence of alleged abuse could not reasonably have been discovered at time of trial.
Criminal Law and Procedure Jul. 12, 2011
Richter v. Harrington
State court reasonably denies ineffective assistance claim where there was no reasonable probability that attorney’s introduction of evidence would have changed verdict.
Criminal Law and Procedure Jul. 12, 2011
Ngo v. Giurbino
Defendant, who shot at rival gang members during car chase, has specific intent to kill each occupant given prior opportunity to observe occupants.
Criminal Law and Procedure Jul. 12, 2011
U.S. v. Duncan
Court errs in failing to hold hearing where reasonable doubt as to defendant’s competence is shown based on experts’ findings and defendant’s unusual statements.
Criminal Law and Procedure Jul. 12, 2011
U.S. v. Kennedy
Government fails to establish causal connection justifying victim restitution where evidence only shows generalized harm of defendant’s conduct.
Criminal Law and Procedure Jul. 12, 2011
U.S. v. Quinzon
Condition of supervised release requiring that monitoring technology be installed on computer-related devices is proper.
Criminal Law and Procedure Jul. 12, 2011
People v. Williams
Robbery conviction is properly predicated on theft by false pretenses where defendant used force when fleeing store after acquisition of property.
Criminal Law and Procedure Jul. 12, 2011
Garcia v. Texas
State is not required to stay execution so that Congress may consider whether to enact legislation that might authorize collateral attack on judgment.
Criminal Law and Procedure Jul. 11, 2011
U.S. v. Gonzalez-Melchor
Appellate waiver is invalid because district court’s active participation in negotiating waiver in exchange for reduced sentence was inherently coercive.
Criminal Law and Procedure Jul. 11, 2011
People v. Famalaro
Change of venue motion is properly denied where size of community shows defendant would receive fair trial despite heavy media coverage of case.
Criminal Law and Procedure Jul. 8, 2011
People v. Loy
Jury instruction on prior sexual crimes is proper in light of instructions repeatedly admonishing jury as to reasonable doubt standard.
Criminal Law and Procedure Jul. 8, 2011
People v. Murphy
Defendant's submission of false stolen vehicle report must be prosecuted as misdemeanor under Vehicle Code, not under more general statute.
Criminal Law and Procedure Jul. 8, 2011
Hurles v. Ryan
Judicial recusal is appropriate where trial judge becomes involved in capital defendant’s interlocutory appeal by making statements regarding evidence of guilt before trial.
Criminal Law and Procedure Jul. 8, 2011
People v. Verni
Owner of apartment damaged as result of defendant’s aggravated mayhem conviction is entitled to restitution.
Criminal Law and Procedure Jul. 8, 2011
U.S. v. Evanston
Court may not inquire into reasons for jury's deadlock and allow supplemental argument where doing so created opportunity for interference with jury's fact-finder role.
Criminal Law and Procedure Jul. 6, 2011
U.S. v. Rahman
General waiver of right to appeal includes appeal of denial of motion to withdraw guilty plea.
Criminal Law and Procedure Jul. 6, 2011
People v. Carbajal
Court may not send jury back for further deliberations on punishment allegation because it was inconsistent with jury's verdict on charges.
Criminal Law and Procedure Jul. 6, 2011
People v. Vangelder
Court errs in excluding evidence that criticized reliability of data produced by breath test machines as not materially different from partition ratio evidence.
Criminal Law and Procedure Jul. 5, 2011
People v. Virgil
Defendant has no right to be present at sidebar conferences where he failed to show his presence bore reasonably substantial relation to his defense.
Criminal Law and Procedure Jul. 1, 2011
People v. Castaneda
Kidnapping conviction is reversed where erroneous instruction as to asportation element in kidnapping charge prejudiced defendant.
Criminal Law and Procedure Jul. 1, 2011
U.S. v. Snyder
Statutory term of 'building' and address constitute sufficient proof that second-degree burglary qualified as violent felony for purposes of sentencing enhancement.
Criminal Law and Procedure Jul. 1, 2011
Bible v. Schriro
State prisoner is not entitled to successive habeas petition where claim of new evidence is made after significant delay and does not show innocence.
Criminal Law and Procedure Jun. 29, 2011
People v. Superior Court (Gilbert)
Civil commitment petition is improperly dismissed where delay in referring defendant for evaluation as sexually violent predator was honest mistake.
Criminal Law and Procedure Jun. 29, 2011
People v. Ellison
Conviction for carrying concealed loaded weapon, which defendant had no permit for, does not violate defendant’s right to bear arms.
Criminal Law and Procedure Jun. 29, 2011
In re Richardson
Habeas relief for ineffective assistance of appellate counsel is denied where claim is based on trial counsel’s assistance that court did not find deficient.
Criminal Law and Procedure Jun. 29, 2011
People v. McDonough
Denial of outpatient status is improper where court found details of program lacking, but did not find that defendant was currently insane.
Criminal Law and Procedure Jun. 29, 2011