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People v. Cropsey
In applying fines previously imposed after defendant’s third parole violation, court does not wrongfully impose separate restitution fines for same conviction.
Criminal Law and Procedure May 18, 2010
U.S. v. Comstock
Necessary and Proper Clause grants Congress authority to enact statute that allows commitment of mentally ill, sexually violent prisoners beyond release date.
Criminal Law and Procedure May 17, 2010
Graham v. Florida
Constitution’s Cruel and Unusual Punishments Clause prohibits Florida’s imposition of life without parole on juvenile nonhomicide offender.
Criminal Law and Procedure May 17, 2010
People v. Ceja
Defendant convicted of theft may not be convicted of receiving same property, and receiving charge cannot be upheld in such dual convictions.
Criminal Law and Procedure May 17, 2010
Peterson v. State
Proposition 115, which permits probable cause determinations at preliminary hearings based on hearsay evidence presented by qualified officers, does not violate Sixth Amendment.
Criminal Law and Procedure May 17, 2010
People v. Vang
Being felon in possession of firearm is separate offense from possession of methamphetamine while armed, and defendant may be sentenced under both.
Criminal Law and Procedure May 17, 2010
Garber v. Superior Court (People)
'Place of residence' exemptions do not apply to firearms charges where defendant used trailer for transportation when encounter with victim occurred.
Criminal Law and Procedure May 16, 2010
People v. Ligons
Prisoner must intend to escape from jail, not just cell, to be convicted of attempting to escape from officer’s custody.
Criminal Law and Procedure May 16, 2010
Maldonado v. Superior Court (People)
Although subject to partial redaction, court compelled pre-trial psychiatric examination for defendant alleging neurocognitive deficits does not violate Fifth Amendment.
Criminal Law and Procedure May 16, 2010
U.S. v. Castagana
Defendant only needs intent to convey false or misleading information indicating activity in violation of anti-terrorism laws to support hoax conviction.
Criminal Law and Procedure May 16, 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 May 16, 2010
People v. Otubuah
Check forgeries possessed on single occasion that violate autonomy of three victims is subject to three convictions instead of one.
Criminal Law and Procedure May 13, 2010
People v. Hopkins
Amendment to Section 4019 cannot be retroactively applied to prisoners seeking more custody credit.
Criminal Law and Procedure May 12, 2010
In re Calderon
Prisoner is eligible for parole where there is no evidence he poses current risk of dangerousness if released.
Criminal Law and Procedure May 12, 2010
People v. Wyatt
Child abuse homicide requires defendant be aware of facts that would lead reasonable person to realize serious injury would result from conduct.
Criminal Law and Procedure May 11, 2010
People v. Douangpanya
Instruction defining ‘moral turpitude’ as ‘readiness to do evil’ for purposes of impeachment priors does not predispose jury to considering defendant as evil.
Criminal Law and Procedure May 11, 2010
People v. Branch
Defendant’s belief as to victim’s age is not valid defense to attempted pimping of minor charge.
Criminal Law and Procedure May 10, 2010
People v. Otubuah
Check forgeries possessed on single occasion that violate autonomy of three victims is subject to three convictions instead of one.
Criminal Law and Procedure May 10, 2010
Reynolds v. Thomas
Federal Bureau of Prisons’ determination of where prisoner’s federal sentence begins is based only on district, not state, court’s order.
Criminal Law and Procedure May 10, 2010
People v. Contreras
Jury instruction CALCRIM No. 224 properly applied to jury determining whether defendant is mentally disordered offender.
Criminal Law and Procedure May 10, 2010
People v. Lam
Jury is properly instructed with murder instead of aiding and abetting suicide where defendant actively participated in final overt act causing death.
Criminal Law and Procedure May 10, 2010
People v. Norton
Pursuant to retroactive application of amended Penal Code Section 4019, defendant is entitled to additional presentence conduct credit.
Criminal Law and Procedure May 7, 2010
People v. Superior Court (Mitchell)
In reaction to withholding discovery, trial court erred by failing to exhaust all other sanctions before excluding prosecution witnesses and other evidence.
Criminal Law and Procedure May 7, 2010
People v. Traugott
Denial of 12-person jury without defendant’s consent in criminal action renders unanimous conviction reversible per se.
Criminal Law and Procedure May 7, 2010
People v. Pelayo
Amendment increasing presentencing custody credit is retroactive to sentences not yet final on direct appeal at time amendment went into effect.
Criminal Law and Procedure May 7, 2010
Collins v. Runnels
Supreme Court precedent does not require severance of joint criminal trial where codefendants have mutually antagonistic defenses.
Criminal Law and Procedure May 6, 2010
U.S. v. Mousavi
Iranian Transaction Regulations conviction is supported by sufficient evidence where defendant contracted to perform services to establish business ventures in Iran.
Criminal Law and Procedure May 6, 2010
U.S. v. Struckman
Officers’ warrantless search of home in reliance on vague 911 call violates defendant’s Fourth Amendment rights.
Criminal Law and Procedure May 5, 2010
U.S. v. Stever
Court’s denial of defendant’s discovery request for government’s information regarding drug trafficking organizations violates defendant’s right to present defense.
Criminal Law and Procedure May 5, 2010
Renico v. Lett
Sixth Circuit improperly grants habeas relief where Michigan Supreme Court reasonably allowed retrial under Antiterrorism and Effective Death Penalty Act of 1996.
Criminal Law and Procedure May 4, 2010