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People v. Racklin
In revocation hearing, probationer’s admission, which was elicited by police officers absent 'Miranda' warning, is admissble.
Criminal Law and Procedure May 20, 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 May 20, 2011
People v. Gray
Defendant waives his attorney-client communication privilege regarding documents brought to stand and used to refresh his memory in testifying.
Criminal Law and Procedure May 20, 2011
Leavitt v. Arave
Attorney’s strategic decision not to further investigate defendant’s mental health condition for resentencing purposes is reasonable.
Criminal Law and Procedure May 18, 2011
Kentucky v. King
Officers’ conduct of knocking and announcing presence before entry does not create ‘exigency’ invalidating warrantless search.
Criminal Law and Procedure May 17, 2011
People v. Stipo
Internet subscriber does not have reasonable expectation of privacy over Internet protocol address obtained from service provider.
Criminal Law and Procedure May 17, 2011
U.S. v. Escamilla-Rojas
Petitioner’s guilty plea at group plea hearing does not amount to constitutional violation absent showing plea was entered unknowingly and involuntarily.
Criminal Law and Procedure May 13, 2011
People v. Arceo
Admission of testimony from witnesses, who recounted inculpatory statements by codefendants, does not violate Sixth Amendment right to confront adverse witnesses.
Criminal Law and Procedure May 13, 2011
In re Vicks
Law imposing longer deferral period for parole hearing poses significant risk that inmate would spend increased period of incarceration in violation of ex post facto principles.
Criminal Law and Procedure May 12, 2011
People v. Riazati
Convictions for animal neglect require showing that defendant exposed animals to high risk of great bodily injury, not death.
Criminal Law and Procedure May 12, 2011
People v. Butler
Crime of fraudulent presentation of multiple claims for same loss is not limited to presentation of claims to more than one insurer.
Criminal Law and Procedure May 12, 2011
Harrison v. Gillespie
Trial court does not subject defendant to double jeopardy by declining to poll jury before discharging it because it was unable to reach verdict.
Criminal Law and Procedure May 11, 2011
Velasquez v. Kirkland
Court properly dismisses federal habeas petition filed more than two years from date on which conviction became final and absent showing petitioner was entitled to tolling.
Criminal Law and Procedure May 11, 2011
U.S. v. Tsosie
Defendant may appeal restitution award following plea agreement where agreement fails to give estimate of restitution amount he is exposed to.
Criminal Law and Procedure May 11, 2011
People v. Nunez
Term of years sentence that acts as sentence of actual life in prison without possibility of parole violates constitutional standards when applied to juvenile nonhomicide offenders.
Criminal Law and Procedure May 11, 2011
People v. Jaska
Grand theft convictions based on series of thefts against employer are proper where they were not committed under one intention, impulse, and plan.
Criminal Law and Procedure May 10, 2011
People v. Sherow
Consent defense to burglary is not collateral to elements of offense, and therefore must be proved by reasonable doubt standard, not preponderance of evidence.
Criminal Law and Procedure May 10, 2011
People v. Cottone
Court errs in not submitting to jury issue of whether defendant appreciated wrongfulness of prior sexual misconduct, which occurred 32 years ago.
Criminal Law and Procedure May 10, 2011
U.S. v. Padilla
Jury instruction regarding defendant’s choice not to testify is valid where language chosen by court sufficiently covers substance of proposed instruction.
Criminal Law and Procedure May 9, 2011
People v. Grant
Pimping statute, which prohibits person from accepting earnings from known prostitute, does not violate defendant’s due process rights.
Criminal Law and Procedure May 6, 2011
People v. Spector
Court does not err in admitting into evidence videotape containing trial judge and criminalist discussing blood splatter location on victim’s hands during retrial.
Criminal Law and Procedure May 6, 2011
People v. Magee
Defendant does not have reasonable expectation of privacy inside residence he visited as social guest on numerous occasions.
Criminal Law and Procedure May 6, 2011
Fayer v. Vaughn
Defendant’s false arrest claim fails when probable cause existed based on defendant’s admission regarding use of false identification in violation of state laws.
Criminal Law and Procedure May 5, 2011
Doody v. Ryan
Denial of habeas relief is improper when evidence established that 'Miranda' warnings were deficient and 17-year-old petitioner was overborne by interrogation.
Criminal Law and Procedure May 5, 2011
People v. Kennedy
Defendant whose felony conviction required lifetime sex offender registration is not relieved of obligation even after conviction is later reduced to misdemeanor.
Criminal Law and Procedure May 5, 2011
U.S. v. Sanchez
Denial of defendant’s motion for acquittal is improper when ‘no contact’ order failed to satisfy statute’s requirement of ‘physical force against partner.’
Criminal Law and Procedure May 5, 2011
Bobby v. Mitts
Jury instruction given during penalty phase of trial, which instructed jury to consider death penalty or life sentence, does not violate holding of 'Beck v. Alabama.'
Criminal Law and Procedure May 3, 2011
U.S. v. Li
Commonwealth of Northern Mariana Islands is part of U.S for purposes of crime of attempting to enter U.S. at time or place not designated by immigration officers.
Criminal Law and Procedure May 3, 2011
People v. Spector
Court does not err in admitting into evidence videotape containing trial judge and criminalist discussing blood splatter location on victim’s hands during retrial.
Criminal Law and Procedure May 3, 2011
People v. Ferguson
Court properly declines to instruct jury on defense of unconsciousness due to voluntary intoxication where defendant did not lack awareness of actions.
Criminal Law and Procedure May 2, 2011