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Name Category Published
People v. Perez
Defendant is guilty of single count of attempted murder for firing shot at group with intent to kill, but without targeting any individual. 		Criminal Law and Procedure Jul. 30, 2010
In re Prather
Court may not limit evidence Board of Parole Hearings is statutorily required to consider in determining prisoner’s suitability for parole. 		Criminal Law and Procedure Jul. 30, 2010
People v. Busser
Insurer is not entitled to restitution for repair costs where it would have paid costs even if defendant had not lied about accident. 		Criminal Law and Procedure Jul. 30, 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 Jul. 30, 2010
People v. Wong
Bribery conviction is properly supported by evidence that state commissioner advocated and acted on behalf of company in negotiations with commission. 		Criminal Law and Procedure Jul. 29, 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 Jul. 28, 2010
U.S. v. Crews
For sentencing purposes, Oregon second-degree assault offense constitutes 'crime of violence.' 		Criminal Law and Procedure Jul. 26, 2010
People v. Anderson
Man convicted of leaving scene of accident is properly required to pay restitution to victim’s hospital. 		Criminal Law and Procedure Jul. 23, 2010
Galindo v. Superior Court (City of Los Angeles Police Dept.)
Although defendant may file 'Pitchess' motion before preliminary hearing, pendency of motion is not good cause for postponing hearing. 		Criminal Law and Procedure Jul. 23, 2010
Cox v. Ayers
Counsel who elects to pursue strategy that was not based on defendant’s limited childhood abuse does not provide ineffective assistance of counsel. 		Criminal Law and Procedure Jul. 23, 2010
U.S. v. Thomas
Former professional cyclist’s statements are proper basis for perjury conviction because they were not literally true. 		Criminal Law and Procedure Jul. 23, 2010
Davis v. Superior Court (People)
Before court considers disclosing informant’s identity, in camera hearing should be held for murder suspect to show that informant could exonerate him. 		Criminal Law and Procedure Jul. 23, 2010
U.S. v. Maciel-Alcala
‘Another person’ as used for purposes of sentencing enhancement for identity theft includes both living and deceased actual individuals. 		Criminal Law and Procedure Jul. 22, 2010
People v. Eusebio
Penal Code Section 4019 does not have retroactive application to award defendant presentence conduct credit. 		Criminal Law and Procedure Jul. 21, 2010
U.S. v. Lewis
Court does not abuse its discretion by dismissing case without prejudice where some pretrial delays were not violations of Speedy Trial Act. 		Criminal Law and Procedure Jul. 21, 2010
U.S. v. Burkett
Pat-down search is lawful where officer reasonably believed that passenger was armed based on furtive movements, evasive responses, and reaching for pocket. 		Criminal Law and Procedure Jul. 21, 2010
People v. Glazier
Burglary-by-instrument doctrine is properly applied to neighbor who uses tools to reach over and into crawlspace to light house on fire. 		Criminal Law and Procedure Jul. 20, 2010
People v. Knightbent
Fees imposed to support local crime prevention programs are criminal, not restitution, fines to which additional assessments may be added. 		Criminal Law and Procedure Jul. 20, 2010
People v. Solomon
First-degree murder conviction requiring deliberation and premeditation is supported by evidence that defendant expressed violence towards victims and nature of killing. 		Criminal Law and Procedure Jul. 16, 2010
People v. Alexander
Motion to dismiss charges is properly denied where information from prosecution’s interception of privileged telephone call was not used. 		Criminal Law and Procedure Jul. 16, 2010
Rhoades v. Henry
Ineffective assistance of counsel claim fails where defendant's proffer containing mitigating circumstances would not have outweighed aggravating circumstances for death sentence. 		Criminal Law and Procedure Jul. 16, 2010
In re Torres
Parole board may not retain parole for offender, released on parole for five years, who has been on parole continuously for three years. 		Criminal Law and Procedure Jul. 16, 2010
People v. Safety National Casualty Corp.
Although not made under penalty of perjury, court clerk’s certificate of mailing of declaration of forfeiture of bail bond is valid. 		Criminal Law and Procedure Jul. 16, 2010
U.S. v. Broussard
For sentencing purposes, convictions for contempt of court are classified by statutory maximum sentence, rather than by sentencing guidelines maximum. 		Criminal Law and Procedure Jul. 15, 2010
Pirtle v. California Board of Prison Terms
Board’s denial of parole is not supported by evidence where characterization of offense as callous is not reflected in record of crime. 		Criminal Law and Procedure Jul. 14, 2010
Smith v. Mahoney
Convicted murderer sentenced to death cannot claim ineffective assistance of counsel where he admitted that he killed victims absent impairment. 		Criminal Law and Procedure Jul. 14, 2010
U.S. v. Avila-Anguiano
Court properly applies version of sentencing guideline at time offense was committed, rather than statute in effect at time of sentencing. 		Criminal Law and Procedure Jul. 14, 2010
People v. Mesa
Penal Code Section 654 does not prevent separate punishments for assault with firearm and for street gang participation. 		Criminal Law and Procedure Jul. 14, 2010
People v. Wilson
Prisoner’s threat against officer to kill him upon his release in 10 months satisfies immediacy element of criminal threats conviction. 		Criminal Law and Procedure Jul. 14, 2010
People v. Benner
Driver under the influence of methamphetamine fails to challenge conviction based on insufficiency of evidence. 		Criminal Law and Procedure Jul. 12, 2010
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