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Name Category Published
U.S. v. Denton
Presumption that charged wobbler is felony does not apply to uncharged conduct in determination of supervised release revocation.
Criminal Law and Procedure Jul. 12, 2010
In re Watford
Subsequent invalidation of sex offense does not void conviction for failure to register as sex offender.
Criminal Law and Procedure Jul. 12, 2010
People v. Disandro
Traffic court may not proceed with trial in defendant’s absence without finding failure to appear was made voluntarily.
Criminal Law and Procedure Jul. 9, 2010
People v. Tate
Improper prospective juror excusal for reasons other than her views on death penalty results in error which does not require reversal.
Criminal Law and Procedure Jul. 9, 2010
In re Valdez
Defense counsel’s reasonable, tactical decision not to present certain evidence at trial does not constitute ineffective assistance.
Criminal Law and Procedure Jul. 9, 2010
U.S. v. Brooks
Sentencing enhancement for offenses involving minors within care of defendant only applies where defendant has pre-existing parent-like relationship with minor.
Criminal Law and Procedure Jul. 9, 2010
U.S. v. Evans-Martinez
Court commits procedural error in calculating all counts based on statutorily required minimum sentence where some counts are subject to sentencing range.
Criminal Law and Procedure Jul. 9, 2010
U.S. v. Chavez
Criminal statute of conviction, rather than parsimony clause of sentencing statute, sets statutory maximum for sentencing under 'Apprendi v. New Jersey.'
Criminal Law and Procedure Jul. 9, 2010
U.S. v. Graf
Founder and consultant of insurer who defrauded policyholders does not have personal attorney-client privilege over communications with corporate attorneys.
Criminal Law and Procedure Jul. 8, 2010
Lee v. Lampert
Actual innocence is not exception to statute of limitations to allow federal habeas relief to prisoner found guilty by state court judgment.
Criminal Law and Procedure Jul. 7, 2010
U.S. v. Johnson
Defendants’ bizarre behavior while representing themselves at trial does not violate right to fair trial where behavior does not obstruct proceedings.
Criminal Law and Procedure Jul. 7, 2010
In re Ross
Governor may consider new evidence indicating current dangerousness when determining prisoner’s parole eligibility in remand proceedings.
Criminal Law and Procedure Jul. 6, 2010
People v. Chung
Exigent circumstances exist for officers to search residence without warrant where officers had reasonable cause to believe that dog was in distress.
Criminal Law and Procedure Jul. 6, 2010
People v. Keating
Amendment to Penal Code that increases good conduct credits for presentence custody applies retroactively to defendants whose sentences are not yet final.
Criminal Law and Procedure Jul. 6, 2010
People v. Phillips
Date of conviction, rather than date of crime, controls application of assessment imposed pursuant to Government Code Section 70373.
Criminal Law and Procedure Jul. 6, 2010
People v. Bacon
Amendment of Penal Code Section 4019 applies retroactively, entitling defendant to 10 extra days of presentence local conduct credit.
Criminal Law and Procedure Jul. 2, 2010
People v. Herrera
Prosecution properly shows witness’ unavailability where attempts to locate witness, who was deported to El Salvador, were unsuccessful.
Criminal Law and Procedure Jul. 2, 2010
People v. Lomax
Defendant’s right to speedy trial is not violated where attorney requests continuance, over defendant’s objection, for reasonable time to prepare for trial.
Criminal Law and Procedure Jul. 2, 2010
People v. Honan
Mandatory sex offender registration for persons convicted of indecent exposure, but not for lewd conduct, does not violate equal protection.
Criminal Law and Procedure Jul. 1, 2010
Seaton v. Mayberg
Prisoner compelled to submit to medical examination for sexually violent predator civil commitment has no substantial privacy interest.
Criminal Law and Procedure Jul. 1, 2010
People v. Jones
Attorney has duty to investigate evidence corroborating criminal defendant’s statements to render effective assistance of counsel.
Criminal Law and Procedure Jul. 1, 2010
Sears v. Upton
Counsel's effort to present some mitigation evidence does not foreclose inquiry into whether deficient investigation might have prejudiced defendant.
Criminal Law and Procedure Jun. 30, 2010
U.S. v. Struckman
Suppression of evidence is adequate remedy for government misconduct in investigation where defendant accused of massive tax fraud fled to Panama.
Criminal Law and Procedure Jun. 30, 2010
People v. Beaver
Court improperly gives jury instruction on larceny where evidence shows employer is actually victim of theft by false pretenses.
Criminal Law and Procedure Jun. 30, 2010
In re Rodden
Since her Kentucky conviction is not equivalent to California’s child procurement offense, new resident need not register as sex offender.
Criminal Law and Procedure Jun. 30, 2010
People v. Hartsch
Court properly denies severance of charges where evidence would be admissible in all trials for charged offenses.
Criminal Law and Procedure Jun. 29, 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 Jun. 29, 2010
People v. Beckley
Prosecution's failure to authenticate photograph that was downloaded from defendant's home page on MySpace.com should have barred its admission into evidence.
Criminal Law and Procedure Jun. 28, 2010
People v. International Fidelity Insurance Co.
Surety is obligated to guarantee defendant's appearance on any charge in amended information where charge was based on acts supporting original complaint.
Criminal Law and Procedure Jun. 28, 2010
People v. Vang
Expert’s opinion of defendants’ intent and knowledge based on thinly veiled hypothetical scenario is improperly admitted.
Criminal Law and Procedure Jun. 28, 2010