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Name Category Published
U.S. v. Moreland
‘Proceeds’ in federal money-laundering charge must be defined as only ‘profits’ in instruction to jury.
Criminal Law and Procedure May 4, 2010
U.S. v. Rich
Pre-conviction, independent receivership order survives death of criminal defendant while restitution order does not.
Criminal Law and Procedure May 4, 2010
U.S. v. Coronado
Negligent discharge of firearm conviction does not qualify as ‘crime of violence’ with purposeful mens rea for sentencing enhancement.
Criminal Law and Procedure May 4, 2010
People v. Delgado
Defendant is entitled to receive conduct credits under amendment to Penal Code Section 4019, which went into effect after she was sentenced.
Criminal Law and Procedure May 3, 2010
People v. Davis
Special venue allegation seeking to try intercounty murders together does not only apply to serial killers.
Criminal Law and Procedure May 3, 2010
People v. Redd
Federal park police officer has authority to detain and arrest defendant on San Francisco property when arrest is located near federal property.
Criminal Law and Procedure Apr. 30, 2010
Moor v. Palmer
Amended statute determining parole eligibility does not violate ex post facto laws where it does not create significant risk of increased penalty.
Criminal Law and Procedure Apr. 30, 2010
U.S. v. Franklin
Probable cause exists for officers to believe motel room is parolee’s residence and thus subject to warrantless search.
Criminal Law and Procedure Apr. 30, 2010
People v. Williams
Court wrongly denies restitution for IRS penalties assessed against company due to former manager's failure to pay payroll taxes.
Criminal Law and Procedure Apr. 29, 2010
U.S. v. Lee
For purposes of identification fraud, it is irrelevant whether government agent who actually produced defendant’s license intended to commit fraud.
Criminal Law and Procedure Apr. 29, 2010
Hayward v. Marshall
Unlike federal law, California law requires some evidence to reject prisoner’s parole due to future dangerousness to public.
Criminal Law and Procedure Apr. 27, 2010
People v. Mathers
Genuine checks that were uncollectible due to bank account closure do not qualify as ‘fictitious’ under Penal Code Section 476.
Criminal Law and Procedure Apr. 23, 2010
People v. Tepetitla-Cruz
Jury instruction on charge of committing lewd and lascivious acts on minor properly states that consent defense does not apply.
Criminal Law and Procedure Apr. 23, 2010
U.S. v. Strickland
Docket sheet showing state conviction is properly considered in determining whether conviction was predicate offense relating to sexual abuse of minor.
Criminal Law and Procedure Apr. 20, 2010
People v. Yokely
Trial court properly finds that in-court identification testimony is admissible where identifications had origins independent of illegal live lineup.
Criminal Law and Procedure Apr. 19, 2010
People v. King
Court’s error in admitting evidence of uncharged incident involving defendant to show intent is harmless where other overwhelming evidence supports guilty conviction.
Criminal Law and Procedure Apr. 19, 2010
People v. Hernandez
Jury instruction on provocation is not misleading where jury understood that provocation was relevant to issue of premeditation.
Criminal Law and Procedure Apr. 19, 2010
People v. Shafrir
Inventory search is valid where officers seized vehicle for safekeeping because neighborhood in which driver was arrested was too dangerous.
Criminal Law and Procedure Apr. 16, 2010
People v. Taylor
Statements made at prior court-compelled competency hearing may be used by prosecution to rebut testimony offered by defense at sentencing phase.
Criminal Law and Procedure Apr. 16, 2010
U.S. v. Alderman
Prior first degree theft conviction is ‘violent felony/crime of violence’ that contributes to upward adjustment of sentence.
Criminal Law and Procedure Apr. 16, 2010
U.S. v. Velasquez-Bosque
State carjacking conviction constitutes ‘crime of violence’ under Sentencing Guidelines, subjecting defendant to enhanced penalty.
Criminal Law and Procedure Apr. 16, 2010
People v. Becker
‘Ecstasy,’ which contains methamphetamine, qualifies as controlled substance or analog of controlled substance sufficient to uphold conviction for possession.
Criminal Law and Procedure Apr. 15, 2010
People v. Chappelone
Trial court overestimates restitution value of damaged Target merchandise by relying on retail price rather than devalued worth.
Criminal Law and Procedure Apr. 15, 2010
People v. Stacy
False personation conviction is valid when defendant suspected of driving under influence repeatedly gave officer another person’s information to avoid liability.
Criminal Law and Procedure Apr. 15, 2010
Mora-Meraz v. Thomas
Notice and comment procedure does not apply to proof of drug abuse or dependence requirement for admission to drug abuse program.
Criminal Law and Procedure Apr. 15, 2010
People v. Landon
Conduct credit calculation as amended in Penal Code Section 4019 applies retroactively to determine defendant’s presentence custody accruement.
Criminal Law and Procedure Apr. 14, 2010
People v. Reed
Trial court fails to make inquiry into defendant’s claim of ineffective assistance of counsel as basis for new trial.
Criminal Law and Procedure Apr. 14, 2010
People v. Botello
Prosecution may not use uncharged provision for sentencing enhancements which were not pled and proved before appeal.
Criminal Law and Procedure Apr. 13, 2010
People v. House
Amendment to Penal Code Section 4019, concerning calculation of presentence custody credits, applies retroactively to defendant's sentence.
Criminal Law and Procedure Apr. 13, 2010
Hein v. Sullivan
Prosecution’s failure to disclose evidence does not prejudice teenagers convicted of felony-murder and other related crimes.
Criminal Law and Procedure Apr. 13, 2010