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Name Category Published
U.S. v. Henderson
District courts have discretion to vary from child pornography sentencing guidelines based on policy disagreements with them.
Criminal Law and Procedure May 2, 2011
People v. Powell
Sufficient evidence supports conviction for exposing daughter to pornographic movies where victim described seeing movie in which actors engaged in sexual activity.
Criminal Law and Procedure May 2, 2011
People v. Velasco
Prison officials do not violate defendant's due process rights in failing to preserve evidence that remained in defendant's control.
Criminal Law and Procedure May 2, 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 Apr. 29, 2011
Kemp v. Ryan
Defendant's rights to be free from compelled self-incrimination are not violated where officers asked him questions attendant to custody while in jail.
Criminal Law and Procedure Apr. 29, 2011
U.S. v. Nosal
Employee ‘exceeds authorized access’ to computer information under Computer Fraud and Abuse Act by violating employer’s computer use restrictions.
Criminal Law and Procedure Apr. 29, 2011
U.S. v. Whitlock
Court must disclose probation officer's sentencing recommendation following revocation of supervised release as to information it relied on in sentencing.
Criminal Law and Procedure Apr. 29, 2011
U.S. v. Maier
Court properly exercises discretion to vacate possession of child pornography charge and sentence under distribution charge based on defendant’s significant criminal activity.
Criminal Law and Procedure Apr. 27, 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 Apr. 27, 2011
People v. Moomey
Sufficient evidence supports accessory to burglary conviction where defendant entered store with principal without apparent intent to make purchases.
Criminal Law and Procedure Apr. 26, 2011
People v. Larson
Prior conviction records made in ordinary course of business for courts are nontestimonial in nature, and not subject to Sixth Amendment confrontation requirements.
Criminal Law and Procedure Apr. 26, 2011
People v. Nguyen
Defendant’s due process rights are not violated where there is no evidence he objected to his attorney’s waiver of presence at time of recommitment trial.
Criminal Law and Procedure Apr. 25, 2011
Miller v. Oregon Board of Parole and Post-Prison Supervision
Oregon statute placing burden on prisoner to make showing of parole eligibility creates liberty interest in early parole eligibility.
Criminal Law and Procedure Apr. 25, 2011
U.S. v. Sandoval-Gonzalez
Conviction for being alien who reentered U.S. after deportation is vacated where burden of proof was shifted to alien to establish citizenship.
Criminal Law and Procedure Apr. 25, 2011
People v. Varela
Defendant’s conviction for evading police officer while driving motor vehicle is proper because ‘pocket bike’ is within definition of ‘motor vehicle.’
Criminal Law and Procedure Apr. 25, 2011
People v. Valdez
Defendant may be sentenced per occurrence, not victim, under ‘one strike law,’ where sex offenses were committed against multiple victims.
Criminal Law and Procedure Apr. 25, 2011
U.S. v. Bibbins
Substantial evidence supports conviction for willfully resisting government employee where defendant failed to obey park rangers’ orders during attempted arrest.
Criminal Law and Procedure Apr. 20, 2011
People v. Robinson
Defendant's sentence under both firearm use and great bodily harm enhancements does not violate prohibition against multiple punishments under Penal Code Section 654.
Criminal Law and Procedure Apr. 20, 2011
People v. Garcia
Restitution may not be awarded for potential economic loss to victims in case involving seized DVDs and CDs.
Criminal Law and Procedure Apr. 19, 2011
U.S. v. Valdovinos-Mendez
Admission of defendant’s certificate of nonexistence of record and Alien Registration File into evidence did not violate his confrontation right under Sixth Amendment.
Criminal Law and Procedure Apr. 18, 2011
People v. Placencia
Defendant's appeal from denial of motion to vacate judgment following plea is dismissed due to failure to obtain certificate of probable cause.
Criminal Law and Procedure Apr. 18, 2011
U.S. v. Tucker
Shotgun found inside defendant’s master bedroom closet supports finding of felony firearm possession where defendant was sole adult occupant of apartment.
Criminal Law and Procedure Apr. 17, 2011
People v. Pacheco
Despite prior juvenile adjudication, court must use higher ratio for calculating defendant’s conduct credit.
Criminal Law and Procedure Apr. 14, 2011
People v. Murdoch
Court errs in failing to institute competency hearing where defendant's defense to felony assault charge was that victim was not human.
Criminal Law and Procedure Apr. 13, 2011
U.S. v. Pelisamen
Wire fraud conviction remains valid although instructions and jury verdict form included 'money or property' and invalid honest-services theories.
Criminal Law and Procedure Apr. 13, 2011
People v. Brunette
Comparative fault analysis is inapplicable to reduce restitution award to animal welfare agency that arranged for rescued dogs’ care.
Criminal Law and Procedure Apr. 13, 2011
People v. Sanchez
Certified letter, which was offered as sole evidence to show defendant was not registered owner of firearm, is inadmissible as violative of Sixth Amendment.
Criminal Law and Procedure Apr. 12, 2011
U.S. v. Inzunza
District judge properly relies on co-conspirator statements and party opponent admissions to convict former city councilman of extortion.
Criminal Law and Procedure Apr. 12, 2011
U.S. v. Apodaca
Lifetime term of supervised release for possession-only child pornographer is not unreasonable where court based its decision on defendant’s particular circumstances.
Criminal Law and Procedure Apr. 12, 2011
Roberts v. Hartley
State’s decision to deny parole does not violate due process where inmate received opportunity to be heard and explanation of denial.
Criminal Law and Procedure Apr. 12, 2011