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Name Category Published
In re Morgan
Due to shortage of available qualified attorneys, defendant sentenced to death has right to defer habeas corpus decision until attorney is appointed. 		Criminal Law and Procedure Aug. 31, 2010
In re Jimenez
State Supreme Court may grant stay of proceedings in cursory filing of petition for habeas relief due to critical shortage of qualified counsel. 		Criminal Law and Procedure Aug. 31, 2010
U.S. v. Kloehn
District judge cannot arbitrarily and unreasonably deny continuance request of defendant with valid family emergency without considering gravity of situation. 		Criminal Law and Procedure Aug. 31, 2010
U.S. v. Kuo
Under 18 U.S.C. Section 241, restitution for victims of forced prostitution is not measured by amount defendants received for victims' sex acts. 		Criminal Law and Procedure Aug. 31, 2010
People v. Alvarado
Since there is no equal protection violation, man convicted of attempted lewd acts on child under 14 must register as sex offender. 		Criminal Law and Procedure Aug. 31, 2010
Barnett v. Superior Court (People)
Out-of-state law enforcement providing prosecution with information regarding defendant’s previous crimes are not part of ‘investigating agencies’ subject to post-conviction discovery. 		Criminal Law and Procedure Aug. 27, 2010
Porter v. Ollison
Equitable tolling is available where attorney’s misconduct for running 'writ mill' caused delay in federal habeas petition filing. 		Criminal Law and Procedure Aug. 27, 2010
People v. Bailey
Crime of escape from prison requires showing that prisoner has gone beyond boundary of prison facility having custody of prisoner. 		Criminal Law and Procedure Aug. 27, 2010
U.S. v. Ali
Defendants are properly charged with mail and wire fraud where engaged in fraudulent scheme to resell limited discounted software to unauthorized buyers. 		Criminal Law and Procedure Aug. 26, 2010
People v. Nazeri
First-degree murder conviction is proper where jury reasonably infers defendant acted with premeditation and deliberation, despite defendant’s claim of self-defense. 		Criminal Law and Procedure Aug. 26, 2010
Millender v. County of Los Angeles
Officers are not entitled to qualified immunity when acting pursuant to facially invalid warrant which no reasonable officer would rely on. 		Criminal Law and Procedure Aug. 25, 2010
People v. Butler
Jury need not decide whether defendant's conduct was primary cause of victim's death where there were multiple concurrent causes of death. 		Criminal Law and Procedure Aug. 25, 2010
People v. Jeha
Mandatory lifetime sex offender registration for conviction of sexual penetration by foreign object on unconscious person does not violate equal protection. 		Criminal Law and Procedure Aug. 25, 2010
U.S. v. Havelock
Mailing threatening communication to media outlets and music-related websites is not felony under 18 U.S.C. Section 876(c) unless addressee is natural person. 		Criminal Law and Procedure Aug. 24, 2010
Hurd v. C.A. Terhune
Court issues writ of habeas corpus where state court unreasonably held that admission of refusal to perform reenactment did not violate 'Miranda.' 		Criminal Law and Procedure Aug. 24, 2010
People v. Moore
Conviction for driving under influence may be used to imply malice to support second degree murder charge. 		Criminal Law and Procedure Aug. 24, 2010
People v. Russell
Felony-murder conviction is proper where defendant initiates chase upon noticing police car, indicating defendant has not reached safety after commission of burglary. 		Criminal Law and Procedure Aug. 24, 2010
Berman v. Cate
Three-year term of parole does not constitute lawfully negotiated term of defendant’s plea agreement. 		Criminal Law and Procedure Aug. 23, 2010
Crittenden v. Ayers
Defendant is not required to prove peremptory strike would have been issued if race had played no role when challenging juror’s dismissal. 		Criminal Law and Procedure Aug. 23, 2010
Detrich v. Ryan
Denial of habeas relief on penalty phase ineffective assistance of counsel claim is improper where counsel failed to present substantial mitigating evidence. 		Criminal Law and Procedure Aug. 23, 2010
U.S. v. Hunter
Employers will not receive windfall for receiving restitution payments based on wages paid to defendant who committed mail fraud. 		Criminal Law and Procedure Aug. 23, 2010
U.S. v. Farias
Defendant is improperly denied right to self-representation where hearing fails to determine whether waiver of right to counsel is validly made. 		Criminal Law and Procedure Aug. 23, 2010
U.S. v. Langer
District court may rely on fingerprint-matched rap sheet in sentencing defendant absent contrary evidence of its reliability. 		Criminal Law and Procedure Aug. 23, 2010
People v. Miller
DNA report is not testimonial statement, but rather contemporaneous recordation of observable events, and admissible as evidence at trial. 		Criminal Law and Procedure Aug. 23, 2010
People v. Williams
Defendant’s voluntary confessions to police are properly admitted to trial, resulting in murder conviction and death sentence. 		Criminal Law and Procedure Aug. 20, 2010
People v. Duff
Despite stay on execution of sentence, defendant is ineligible for presentence conduct credit due to second-degree murder conviction. 		Criminal Law and Procedure Aug. 20, 2010
In re Withers
Court erroneously dismisses 28 U.S.C. Section 2255 motion without considering merits of right to public trial and ineffective assistance of counsel claims. 		Criminal Law and Procedure Aug. 20, 2010
Moore v. Superior Court (People)
Defendant in 'sexually violent predator' proceeding does not have due process right to not be tried or civilly committed while mentally incompetent. 		Criminal Law and Procedure Aug. 20, 2010
In re Pope
Worktime credit earned by defendant against sentence is limited to 15 percent of term although sentence for qualifying violent felony offenses was stayed. 		Criminal Law and Procedure Aug. 20, 2010
People v. Valli
Prosecution for evading arrest is not barred where evidence of offense was used in prior homicide trial. 		Criminal Law and Procedure Aug. 20, 2010
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