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Name Category Published
People v. Eid
Victim’s lack of consent is element of ‘kidnapping for ransom’ offense and must be included in jury instruction.
Criminal Law and Procedure Aug. 20, 2010
U.S. v. Rivera-Corona
Court fails to properly inquire into defendant’s financial eligibility before denying his motion for substitution of retained counsel with court-appointed counsel.
Criminal Law and Procedure Aug. 19, 2010
People v. Schmitz
Parolee status of front seat passenger cannot justify warrantless search of back seat.
Criminal Law and Procedure Aug. 19, 2010
U.S. v. Alvarez
Stolen Valor Act, which punishes whoever falsely represents that they have been awarded medal authorized for armed forces, is unconstitutional.
Criminal Law and Procedure Aug. 18, 2010
U.S. v. Dotson
Violations of state law that prohibits serving alcohol to those under 21 are properly assimilated and can be charged in federal court.
Criminal Law and Procedure Aug. 18, 2010
U.S. v. Rosas
Court properly denies defendant sentencing benefit of acceptance of responsibility where defendant failed to appear at sentencing hearing.
Criminal Law and Procedure Aug. 17, 2010
Campbell v. Henry
State prisoner’s pro se habeas petitions benefit from mailbox rule – petitions are considered filed when handed to prison authorities for mailing.
Criminal Law and Procedure Aug. 16, 2010
People v. Chikosi
Order
Criminal Law and Procedure Aug. 13, 2010
People v. Jennings
Father’s equivocal and evasive responses to wife’s statements of his role in killing their son are properly admitted as adoptive admissions.
Criminal Law and Procedure Aug. 13, 2010
People v. Lynch
Self-representation motion filed two weeks before trial is properly determined untimely where extent of trial preparation necessary would lead to substantial delay.
Criminal Law and Procedure Aug. 13, 2010
U.S. v. Maddox
Police officer’s warrantless search of reckless driver’s car is unlawful wher defendant was incapable of destroying evidence or presenting threat.
Criminal Law and Procedure Aug. 13, 2010
People v. Jones
Court abuses its discretion by failing to make clear statement of calculation method it used in ordering victim restitution.
Criminal Law and Procedure Aug. 12, 2010
U.S. v. Pineda-Doval
Transportation of illegal aliens resulting in death conviction requires proximate cause element for 'resulting in death' jury instruction.
Criminal Law and Procedure Aug. 11, 2010
U.S. v. Wahid
No error exists where court recognizes its discretion to reduce defendant’s sentence for non-predicate offenses but chooses not to exercise such discretion.
Criminal Law and Procedure Aug. 11, 2010
People v. Cox
Trial court properly determines that prosecutor’s reasons for peremptory challenges in voir dire were not based on race.
Criminal Law and Procedure Aug. 11, 2010
People v. Brady
Calls received by hotline are irrelevant where no further evidence exists that calls were connected to motive or opportunity to commit crime.
Criminal Law and Procedure Aug. 10, 2010
People v. Jones
Conviction for shooting at occupied vehicle is proper where jury believed that defendant's hand or gun was inside vehicle when she shot into it.
Criminal Law and Procedure Aug. 10, 2010
People v. Hall
Chain of custody is adequate where blood sample is shown to have no reasonable indication of alteration.
Criminal Law and Procedure Aug. 10, 2010
People v. Cowan
10-year delay between commission of murder and filing of charges does not violate defendant’s due process rights where delay was justified.
Criminal Law and Procedure Aug. 6, 2010
In re Coley
Lengthy sentence for failure to update sex offender registration under Three Strikes law does not violate Eighth Amendment.
Criminal Law and Procedure Aug. 5, 2010
People v. Busch
Requiring proof of knowledge of weight of narcotic is not essential to convicting individual of transporting more than 28.5 grams of marijuana.
Criminal Law and Procedure Aug. 5, 2010
People v. Stanley
When criminal damages vehicle, trial court may award victim cost of repairing vehicle, even if that amount exceeds vehicle’s replacement value.
Criminal Law and Procedure Aug. 4, 2010
Krainski v. State of Nevada
Police officers who arrest university co-ed based on false statements receive qualified immunity for Fourth Amendment claim.
Criminal Law and Procedure Aug. 3, 2010
People v. Verdugo
Court properly denies motion for co-counsel in capital case where no facts or complex issues are presented warranting appointment of second attorney.
Criminal Law and Procedure Aug. 3, 2010
Cheney v. Washington
Court properly denies ineffective assistance of counsel claim where counsel’s objection to prosecutor’s closing statement was only slightly delayed, causing no prejudice.
Criminal Law and Procedure Aug. 3, 2010
U.S. v. Monday
Government is not required to prove postal service employee possessed specific intent to permanently deprive for conviction for removing contents of mail.
Criminal Law and Procedure Aug. 3, 2010
U.S. v. Gallegos
District court properly imposes partially concurrent and partially consecutive sentence for escape charge.
Criminal Law and Procedure Aug. 2, 2010
U.S. v. Forrester
Knowing and voluntary requirement for guilty plea does not extend to defendant’s rejection of plea offers.
Criminal Law and Procedure Aug. 2, 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. 2, 2010
People v. Letner
Police officer’s traffic stop and ensuing detention of driver and passenger does not lack reasonable suspicion.
Criminal Law and Procedure Jul. 30, 2010