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Name Category Published
U.S. v. Mahan
Defendant who accepts firearms in exchange for drugs possesses those firearms 'in furtherance' of drug trafficking offense.
Criminal Law and Procedure Nov. 16, 2009
People v. Pakes
Pursuing police officer is not required to be behind suspect's vehicle for purposes of defendant's conviction for evading police officer.
Criminal Law and Procedure Nov. 15, 2009
People v. Concha
Under provocative murder doctrine, defendant is only liable for first-degree murder if he personally acted with premeditation before intended victim killed accomplice.
Criminal Law and Procedure Nov. 12, 2009
Birotte v. Superior Court (People)
Order
Criminal Law and Procedure Nov. 11, 2009
Kling v. Superior Court (People)
Order
Criminal Law and Procedure Nov. 11, 2009
U.S. v. Ambriz-Ambriz
Previously deported alien is still legally within U.S. when border patrol apprehended him after his unsuccessful attempt to enter Canada from U.S.
Criminal Law and Procedure Nov. 10, 2009
People v. Munoz
Enhancement of 25 years to life is not subject to one-third term reduction where trial court imposed indeterminate sentence.
Criminal Law and Procedure Nov. 10, 2009
People v. Cohens
Sex offender’s liability for willful failure to register requires proof of his actual knowledge that he was required to register particular residence.
Criminal Law and Procedure Nov. 10, 2009
People v. American Surety Insurance Co.
Trial court loses jurisdiction to forfeit bail when case was not called at arraignment and later date was not validly set.
Criminal Law and Procedure Nov. 10, 2009
Bobby v. Van Hook
Defense counsel’s performance is subject to then-prevailing norms and may not be subject to rigid application of later promulgated restatements.
Criminal Law and Procedure Nov. 9, 2009
People v. Santiago
Instruction, which advises a verdict if possible but directs independent weighing of case, is not coercive, Allen-type instruction and is therefore permissible.
Criminal Law and Procedure Nov. 9, 2009
U.S. v. Ruckes
Although trooper’s automobile search was outside scope of valid search-incident-to-arrest, evidence is admissible as inevitable discovery.
Criminal Law and Procedure Nov. 9, 2009
People v. Hernandez
Gag order, prohibiting counsel from discussing contents of key witness's declaration with defendant, is a denial of effective assistance of counsel.
Criminal Law and Procedure Nov. 9, 2009
Gardner v. Schwarzenegger
Bill allowing incarceration of drug offenders is invalid where proposition passed by voters prohibits incarceration for those offenses.
Criminal Law and Procedure Nov. 8, 2009
People v. Lyons
Incarcerated appellant is only entitled to hearing of untimely appeal if he diligently attempted to timely file and prison officials caused delay.
Criminal Law and Procedure Nov. 8, 2009
In re Cerny
Parole board's decision to deny parole is supported by evidence that inmate could revert to drug use if released without verifiable plans.
Criminal Law and Procedure Nov. 5, 2009
People v. Stevens
Stationing of deputy at witness stand while defendant testifies is not inherently prejudicial such that showing of manifest need is not required.
Criminal Law and Procedure Nov. 5, 2009
U.S. v. Hinkson
Trial court does not abuse discretion by denying new trial where it applied correct legal standards and its findings were plausible.
Criminal Law and Procedure Nov. 5, 2009
U.S. v. Reyes
Chief executive officer's conviction for backdating is reversed where prosecutor made false assertion of fact in closing argument.
Criminal Law and Procedure Nov. 5, 2009
U.S. v. Liera
Statements made prior to arraignment and more than six hours after detention are inadmissible where interrogation was sole cause for delay.
Criminal Law and Procedure Nov. 4, 2009
People v. Gonzalez
Trial court can only impose greatest of multiple enhancements for infliction of great bodily injury.
Criminal Law and Procedure Nov. 4, 2009
People v. Katzenberger
Prosecutor's use of unfinished Statue of Liberty puzzle to demonstrate reasonable doubt standard constitutes prosecutorial misconduct.
Criminal Law and Procedure Nov. 3, 2009
People v. Reyes
Suppression motion fails where defendant does not have reasonable expectation of privacy in exterior of mail in area accessible to others.
Criminal Law and Procedure Nov. 2, 2009
U.S. v. Garcia-Villalba
Affidavit supporting wiretap application, which described how alternative efforts would be unsuccessful in case-specific terms, sufficiently demonstrates necessity.
Criminal Law and Procedure Nov. 2, 2009
People v. Leal
Handgun discovered during unreasonable search is suppressed where arrestee was handcuffed and confined in police car.
Criminal Law and Procedure Nov. 1, 2009
Gonzalez v. Brown
Jury selection is not discriminatory although prosecutor could not recall reason for exercising peremptory strike to remove African-American potential juror.
Criminal Law and Procedure Nov. 1, 2009
U.S. v. Moriel-Luna
Immigration judge’s failure to inform alien of possible relief does not result in prejudice where alien did not have visa readily available.
Criminal Law and Procedure Oct. 29, 2009
People v. Medlin
Defendant acquitted of dependent adult abuse is not entitled to factual innocence finding if reasonable cause existed to believe he was negligent.
Criminal Law and Procedure Oct. 29, 2009
People v. Tuggles
Trial court may deny motion for jury contact information while maintaining discretion to subpoena jury for misconduct inquiries.
Criminal Law and Procedure Oct. 29, 2009
People v. Jones
Trial court properly imposes upper term on current offense where prior arson conviction triggered enhancements and doubled base term.
Criminal Law and Procedure Oct. 28, 2009