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Name Category Published
People v. Riley
Trial court has discretion to reopen prosecution’s case so he may establish usable amount of marijuana.
Criminal Law and Procedure Jun. 15, 2010
U.S. v. O'Donnell
Solicitations of others to donate to candidate in own names violates federal campaign finance law prohibiting contribution in name of another.
Criminal Law and Procedure Jun. 15, 2010
People v. Benner
Driver under the influence of methamphetamine fails to challenge conviction based on insufficiency of evidence.
Criminal Law and Procedure Jun. 15, 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 Jun. 14, 2010
U.S. v. Navarro
Prosecutor’s potentially misleading closing argument does not prejudice defendant where jury is given correct instruction defining legal requirements.
Criminal Law and Procedure Jun. 14, 2010
U.S. v. Bonds
Out-of-court statement by Barry Bonds’ trainer is not admissible as residual exception to hearsay or as non-hearsay party admission.
Criminal Law and Procedure Jun. 14, 2010
U.S. v. Gamboa
Prisoner is not entitled to writ of audita querela relief where opportunity to challenge sentence was available through writ of habeas corpus.
Criminal Law and Procedure Jun. 14, 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. 11, 2010
People v. Johnson
Evidence of defendant’s prior domestic violence is admissible where incidents are substantially similar to charged offense, and evidence has high probative value.
Criminal Law and Procedure Jun. 11, 2010
U.S. v. Villasenor
Search of vehicle after crossing border is valid where agent has reasonable suspicion based on reliable tip and observation of defendant’s behavior.
Criminal Law and Procedure Jun. 11, 2010
West v. Ryan
District court properly denies death penalty defendant's habeas petition claiming ineffective assistance of counsel, despite lack of evidentiary hearing.
Criminal Law and Procedure Jun. 11, 2010
People v. Indiana Lumbermens Mutual Insurance Co.
Surety must file for relief from forfeiture within 180 days after defendant is returned to custody outside county where bail was forfeited.
Criminal Law and Procedure Jun. 11, 2010
In re Shippman
Parole is properly denied where nature of prisoner’s offense, as well as past control issues, create unreasonable risk of danger to society.
Criminal Law and Procedure Jun. 10, 2010
U.S. v. Capener
Attorney fee award is improper where government did not act frivolously in failing to perform further investigation after relying on expert opinion.
Criminal Law and Procedure Jun. 10, 2010
U.S. v. Orozco-Acosta
Warrant of removal is not testimonial statement violating defendant’s right to confront witness, and may be entered into evidence.
Criminal Law and Procedure Jun. 10, 2010
People v. Wilkinson
Trial court errs by accepting mentally retarded defendant’s counsel's waiver of her appearance in hearing without her consent.
Criminal Law and Procedure Jun. 10, 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 Jun. 9, 2010
People v. Weber
Defendant is competent to waive right to counsel where he knowingly understands proceedings, despite attempts to thwart proceedings with outrageous actions.
Criminal Law and Procedure Jun. 9, 2010
People v. Ferrer
Trial court improperly denies prosecution motion for continuance where dismissal of the case is reasonably foreseeable result.
Criminal Law and Procedure Jun. 9, 2010
Cooke v. Solis
Board does not establish ‘some evidence’ of prisoner’s present dangerousness and thus incorrectly denies parole.
Criminal Law and Procedure Jun. 9, 2010
U.S. v. Laurienti
Although it does not require mathematical precision, loss calculation for victims of securities fraud scheme is illogical, and thus not reasonable.
Criminal Law and Procedure Jun. 9, 2010
Barber v. Thomas
Federal Bureau of Prisons correctly calculates ‘good time credit’ at end of each year prisoner serves in prison.
Criminal Law and Procedure Jun. 8, 2010
Mickey v. Ayers
Murder suspect held in Japanese prison awaiting extradition is not coerced into giving incriminating statements on flight back to United States.
Criminal Law and Procedure Jun. 8, 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. 8, 2010
U.S. v. Castro
Lewd or lascivious act on child of 14 or 15 years by defendant over ten years older is not crime of violence.
Criminal Law and Procedure Jun. 7, 2010
People v. Duarte
Where street terrorism charge requires element of underlying firearm discharge felony, defendant may only be sentenced pursuant to one charge.
Criminal Law and Procedure Jun. 4, 2010
People v. Chikosi
Accuracy records of breathalyzer tests are not hearsay and can be basis of qualified witness testimony.
Criminal Law and Procedure Jun. 4, 2010
Schad v. Ryan
Habeas petitioner who failed to develop facts necessary for ineffective assistance claim is entitled to hearing on diligence and reasonableness of efforts.
Criminal Law and Procedure Jun. 4, 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 Jun. 4, 2010
Carr v. U.S.
Sex Offender Registration and Notification Act does not apply to sex-offenders who traveled interstate and failed to register before Act’s enactment.
Criminal Law and Procedure Jun. 2, 2010