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Name Category Published
U.S. v. Reyes-Bosque
Warrantless search is justified by exigent circumstance where agents were informed that illegal aliens were being held inside house.
Criminal Law and Procedure Mar. 1, 2010
People v. Rodriguez
Penal Code amendment granting more favorable presentence good conduct credit is not retroactively applicable.
Criminal Law and Procedure Mar. 1, 2010
U.S. v. Bright
Fifth Amendment privilege against self-incrimination does not apply to production of documents where existence and location of papers are foregone conclusion.
Criminal Law and Procedure Feb. 28, 2010
People v. Cissna
Juror’s daily discussions with friend about case was misconduct that created juror bias detrimental to defendant and basis for new trial.
Criminal Law and Procedure Feb. 28, 2010
People v. Taravella
Person convicted of oral copulation with minor need not register as sex offender because he is similarly situated to other non-registering convicts.
Criminal Law and Procedure Feb. 25, 2010
U.S. v. Garrido
Court has authority to consider sentence reduction for acceptance of responsibility after defendant failed to plead guilty to all charges.
Criminal Law and Procedure Feb. 25, 2010
People v. Perez
Statute of limitations is inapplicable when alternative sentencing scheme makes sexual offense punishable by death or imprisonment in state prison for life.
Criminal Law and Procedure Feb. 25, 2010
Doody v. Schriro
Nearly 13-hour interrogation of sleep deprived juvenile by tag team of detectives renders confession involuntary.
Criminal Law and Procedure Feb. 25, 2010
Maryland v. Shatzer
14-day break in custody is adequate time period to remove presumption of police coercion in interrogation of prisoner.
Criminal Law and Procedure Feb. 24, 2010
U.S. v. Jennen
Search warrant based on informant's tip that included range of details rising above mere observed facts and conditions is valid and reliable.
Criminal Law and Procedure Feb. 24, 2010
People v. Benitez
Defendant is denied right to confrontation where court allowed crime laboratory supervisor to testify using another's analysis of suspected illegal substance.
Criminal Law and Procedure Feb. 24, 2010
Robinson v. Schriro
By presenting both factual and legal grounds for claim to state court, petitioner is not barred from review in federal court.
Criminal Law and Procedure Feb. 23, 2010
People v. Singleton
Investigator exposed to police officer’s compelled statement properly testifies against officer on matters independent of statement.
Criminal Law and Procedure Feb. 23, 2010
Florida v. Powell
'Miranda' rights read to defendant adequately inform him of his right to attorney prior to, and at all times throughout interrogation.
Criminal Law and Procedure Feb. 23, 2010
Thaler v. Haynes
In ruling on objection to peremptory challenge under 'Batson,' judge must not necessarily reject demeanor-based explanation if he did not personally observe juror.
Criminal Law and Procedure Feb. 22, 2010
Harrison v. Gillespie
No manifest necessity to declare mistrial exists where court refused to poll jury to determine whether defendant had been acquitted of death penalty.
Criminal Law and Procedure Feb. 22, 2010
People v. Singleton
Investigator exposed to police officer’s compelled statement properly testifies against officer on matters independent of statement.
Criminal Law and Procedure Feb. 22, 2010
People v. Hernandez
When considered together, jury instructions for principle crime, and aiding and abetting do not require repetition of aider’s mental state requirement.
Criminal Law and Procedure Feb. 21, 2010
Christian v. Frank
District court errs by granting defendant’s habeas petition when Hawaii Supreme Court reasonably applied clearly established federal law.
Criminal Law and Procedure Feb. 21, 2010
Burton v. Superior Court (People)
Defendant convicted and sentenced for murder can request discovery materials from trial court without attorney representation.
Criminal Law and Procedure Feb. 21, 2010
U.S. v. Guerrero
Defendant does not establish prima facie case for discrimination in prosecutor’s peremptory strike where prosecutor did not recognize juror as minority.
Criminal Law and Procedure Feb. 18, 2010
U.S. v. Edwards
District Court's sentence is reasonable based on totality of circumstances despite being outside of advisory Sentencing Guidelines range.
Criminal Law and Procedure Feb. 17, 2010
U.S. v. Borowy
Objectively reasonable expectation of privacy in computer files shared with public does not exist despite defendant’s subjective intention to prohibit sharing.
Criminal Law and Procedure Feb. 17, 2010
U.S. v. Norwood
Although error was ultimately harmless, affidavit proving alleged drug seller’s illegitimate income is testimonial and thus erroneously admitted into evidence.
Criminal Law and Procedure Feb. 17, 2010
People v. Beaty
Proposition 36 probation participant is not necessarily unamenable for treatment because he requires medicinal marijuana use.
Criminal Law and Procedure Feb. 16, 2010
People v. Ayala
Under natural and probable consequences doctrine, aider and abettor for planned gang attack is liable when perpetrator commits murder by firing gun.
Criminal Law and Procedure Feb. 16, 2010
People v. Lexington National Insurance Corp.
Defendant's custody in other jurisdiction constitutes 'temporary disability' requiring court to order tolling of period for vacating forfeiture and exonerating bail bond.
Criminal Law and Procedure Feb. 16, 2010
People v. Paz
Defendant who abandoned methamphetamine for fear of physical injury or arrest cannot claim transitory possession as defense to crime of possession.
Criminal Law and Procedure Feb. 12, 2010
People v. Reynolds
Counsel who concedes that client’s petition is frivolous does not provide ineffective assistance where dismissal is obviously inescapable.
Criminal Law and Procedure Feb. 12, 2010
People v. Soria
Although three cases were resolved jointly by plea bargain, defendant is still required to pay three separate restitution fines.
Criminal Law and Procedure Feb. 12, 2010