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Name Category Published
U.S. v. Buckles
Defendant who detrimentally relies on misinformation from court’s clerk may be entitled to equitable tolling of untimely motion. 		Criminal Law and Procedure Jun. 3, 2011
U.S. v. Baptist
Fair Sentencing Act, which was enacted to restore fairness to federal cocaine sentencing, does not apply to defendants sentenced before date of enactment. 		Criminal Law and Procedure Jun. 3, 2011
U.S. v. Rodriguez-Castro
Drug courier is not entitled to minor-role sentencing reduction given defendant’s significant involvement in planning for offense and substantial quantity of drugs seized. 		Criminal Law and Procedure Jun. 3, 2011
People v. Cordell
Fraudulent conveyance of access card conviction is not supported by sufficient evidence where evidence shows defendant only ‘used’ card without permission. 		Criminal Law and Procedure Jun. 2, 2011
U.S. v. Lynn
Dual convictions for both receiving and possessing child pornography violates double jeopardy prohibition where convictions are based on same conduct. 		Criminal Law and Procedure Jun. 1, 2011
People v. Sifuentes
Doctrine of constructive possession does not support conviction for possession of firearm by felon where defendant did not have right to control gun. 		Criminal Law and Procedure Jun. 1, 2011
Ashcroft v. Al-Kidd
Attorney General is entitled to immunity over arrest of federal material witness based on lawfully obtained warrant, even if motive was questionable. 		Criminal Law and Procedure Jun. 1, 2011
McGill v. Superior Court (People)
Failure to recall witness-defendant accused of perjury before grand jury violates Penal Code Section 939.7. 		Criminal Law and Procedure Jun. 1, 2011
Emery v. Clark
Gang enhancement does not require that specific intent to further criminal gang activity be apart from criminal conduct of underlying offense. 		Criminal Law and Procedure May 31, 2011
People v. Carmona
Denial of motion to suppress evidence obtained from traffic stop is improper where no reasonable suspicion existed that driver violated Vehicle Code. 		Criminal Law and Procedure May 31, 2011
People v. Guzman
Reporting requirement for motorboat accident does not violate constitutional right against self-incrimination since liability arises only in absence of compliance. 		Criminal Law and Procedure May 31, 2011
Haney v. Adams
Petitioner may not raise 'Batson' claim alleging discriminatory use of peremptory challenges if he failed to object to prosecution’s challenges at trial. 		Criminal Law and Procedure May 27, 2011
Fowler v. U.S.
Under witness tampering statute, government must show reasonable likelihood communication would be made to federal officer where defendant’s intent in killing applied to all officers. 		Criminal Law and Procedure May 27, 2011
U.S. v. Tinklenberg
Pretrial motion exclusion under Speedy Trial Act applies automatically when motion is filed, regardless of whether motion actually caused delay. 		Criminal Law and Procedure May 27, 2011
U.S. v. Ellis
Government’s recommendation to apply high-end of sentencing range does not constitute argument to increase offense level calculation in violation of plea agreement. 		Criminal Law and Procedure May 27, 2011
People v. Holmberg
Victim restitution order against defendant convicted of concealing stolen property is proper where defendant's conduct was substantial factor in depriving victims. 		Criminal Law and Procedure May 27, 2011
People v. Galvez
Gang sentencing enhancement is properly applied where expert testimony shows defendant’s attack of witness was committed for benefit of criminal street gang. 		Criminal Law and Procedure May 26, 2011
People v. Eckard
Prior out-of-state indecent exposure conviction does not render defendant subject to felony sentencing under Penal Code section 314. 		Criminal Law and Procedure May 26, 2011
People v. Edwards
Prior drug conviction enhancement is status enhancement and may only be applied once for aggregated sentence, rather than imposed on each of defendant’s counts. 		Criminal Law and Procedure May 25, 2011
People v. Roberts
Prosecutor’s statement in underlying prior conviction to support sentencing enhancement is not admissible under adoptive admission exception to hearsay rule. 		Criminal Law and Procedure May 25, 2011
U.S. v. Eriksen
Trustee of 401(k) retirement plan commits embezzlement by failing to contribute to plan and using employee contributions for operating expenses. 		Criminal Law and Procedure May 24, 2011
U.S. v. Lettiere
Court properly uses statutory definition of ‘brandish,’ which was clearly defined under statute, even if statutory interpretation varied from ordinary meaning. 		Criminal Law and Procedure May 24, 2011
Williams v. Cavazos
Court violates Sixth Amendment by removing holdout juror where there was reasonable probability that discharge stemmed from views on merits. 		Criminal Law and Procedure May 24, 2011
U.S. v. Diaz-Ramirez
Answers given during group plea hearing do not violate defendants’ due process rights where affirmative evidence shows plea was entered knowingly and willfully. 		Criminal Law and Procedure May 24, 2011
In re Nguyen
Mental health evaluator’s failure to explore petitioner's behavior does not amount to evidence of dangerousness for purposes of reversal of parole grant. 		Criminal Law and Procedure May 24, 2011
U.S. v. Kent
Threat of enhanced charges during plea negotiations, later carried out after defendant rejects offer, does not constitute vindictiveness that warrants striking of enhancement. 		Criminal Law and Procedure May 24, 2011
People v. Law
Firearm enhancement is supported by substantial evidence where witnesses testified as to seeing, touching, and hearing defendant’s use of gun. 		Criminal Law and Procedure May 23, 2011
People v. Heslington
Court errs in ordering complete unsealing of affidavit where previous substantial disclosure already provided defendant with necessary material. 		Criminal Law and Procedure May 23, 2011
People v. Perez
Court may use ‘prison packets’ or business records kept by penal institutions in proving defendant’s prior convictions for sentencing purposes. 		Criminal Law and Procedure May 20, 2011
People v. Superior Court (Rigby)
Court acts in excess of jurisdiction by permitting sexually violent predator to petition for conditional release while not currently committed. 		Criminal Law and Procedure May 20, 2011
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