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Name Category Published
U.S. v. Kilbride
Contemporary national standards, rather than local community standards, define what constitutes obscenity when applying federal obscenity laws to email communications. 		Criminal Law and Procedure Oct. 28, 2009
People v. Alvarez
For sexual offenses involving force, proof of force in excess of that necessary to accomplish similar acts with victim's consent is sufficient. 		Criminal Law and Procedure Oct. 28, 2009
In re Glenn
Trial court has jurisdiction over sexually violent predator’s commitment even if commitment evaluation was based on invalid protocol. 		Criminal Law and Procedure Oct. 27, 2009
People v. Hochstraser
Evidence discovered after warrantless entry based on missing person report and prior domestic violence is admissible due to exigent circumstances. 		Criminal Law and Procedure Oct. 27, 2009
People v. Henning
Although harmless error, attorney’s denial of defendant’s baseless not guilty by reason of insanity plea is cause for substitution of counsel. 		Criminal Law and Procedure Oct. 27, 2009
U.S. v. Rivera-Alonzo
Instruction on simple assault is not required where defendant could not be convicted of simple assault without being convicted of felony assault. 		Criminal Law and Procedure Oct. 26, 2009
People v. Vargas
Out-of-court statements are inadmissible hearsay when made in response to questioning during sexual assault examination, which sought to collect evidence. 		Criminal Law and Procedure Oct. 25, 2009
Ali v. Hickman
Comparative juror analysis shows that prosecutor's use of peremptory challenges to strike African-American jurors were not race-neutral. 		Criminal Law and Procedure Oct. 25, 2009
People v. Jackson
Attempted criminal threat conviction cannot stand where instruction failed to state that intended threat had to reasonably cause victims to suffer fear. 		Criminal Law and Procedure Oct. 22, 2009
U.S. v. Van Alstyne
Money laundering conviction based on mail fraud scheme requires proof that illegal transaction involved ‘profits’ of scheme and not simply ‘receipts.’ 		Criminal Law and Procedure Oct. 22, 2009
People v. Rotroff
Indeterminate commitment terms for sexually violent predators do not violate due process where sufficient protective procedures exist. 		Criminal Law and Procedure Oct. 22, 2009
People v. Banos
Out-of-court statements are admissible where witness was unavailable due to defendant’s actions intending to prevent her from cooperating with authorities. 		Criminal Law and Procedure Oct. 20, 2009
People v. Smith
Defendant who lacked ability to immediately carry out threats is liable for criminal threats where circumstances made victim’s belief of immediacy reasonable. 		Criminal Law and Procedure Oct. 20, 2009
U.S. v. Todd
Sentencing prong of Trafficking Victim's Protection Act requires independent jury finding that offense was ‘effected by fraud, force, or coercion.’ 		Criminal Law and Procedure Oct. 20, 2009
Corcoran v. Levenhagen
Appeals court errs by disposing of claims without explanation and prohibiting consideration of unresolved challenges to death sentence. 		Criminal Law and Procedure Oct. 20, 2009
U.S. v. $186,416.00 in U.S. Currency
Declaration acknowledging medical marijuana status, which was attached to filing for return of illegally seized currency, does not provide probable cause. 		Criminal Law and Procedure Oct. 20, 2009
People v. Benhoor
After trial by written declaration, court's violation for setting new trial beyond 45 days after filing does not require dismissal of action. 		Criminal Law and Procedure Oct. 20, 2009
Rehman v. Dept. of Motor Vehicles
Blood alcohol content of .04 percent is sufficient to suspend tractor-trailer driver’s license and sustain order of suspension following administrative hearing. 		Criminal Law and Procedure Oct. 20, 2009
U.S. v. Wesson
Amendment to sentencing code reducing offense level points for cocaine distribution does not apply to career offender. 		Criminal Law and Procedure Oct. 19, 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 Oct. 18, 2009
People v. Anderson
Order 		Criminal Law and Procedure Oct. 16, 2009
People v. Galan
Proposed factual scenario must be consistent with defendant's own statements to show good cause for granting of ‘Pitchess’ motion. 		Criminal Law and Procedure Oct. 16, 2009
Smith v. Superior Court (People)
Co-defendant’s request to continue is not attributable to defendant such that trial may not be continued beyond 60-day limit. 		Criminal Law and Procedure Oct. 15, 2009
People v. Henning
Although harmless error, attorney’s denial of defendant’s baseless not guilty by reason of insanity plea is cause for substitution of counsel. 		Criminal Law and Procedure Oct. 15, 2009
People v. McWhorter
Defendant's statements made prior to officers' promise of benefit are properly admitted where confession was voluntary. 		Criminal Law and Procedure Oct. 15, 2009
People v. Vazquez
Jury may infer that defendant intended to promote criminal conduct by gang members where defendant committed murder in association with other gang members. 		Criminal Law and Procedure Oct. 14, 2009
People v. Coyle
Improper conviction of three counts of murder based on single criminal act is consolidated into one count of murder with special findings. 		Criminal Law and Procedure Oct. 13, 2009
People v. Bleich
Dismissal of charges based on finding of reasonable doubt is insufficient grounds for finding of factual innocence. 		Criminal Law and Procedure Oct. 13, 2009
U.S. v. Harrison
Defendant fails to show prejudice resulting from prosecutor's improper questioning during cross-examination and vouching during closing argument. 		Criminal Law and Procedure Oct. 13, 2009
People v. Cavallaro
Mandatory sex offender registration for committing lewd and lascivious acts on child who is ten years younger than adult does not violate equal protection. 		Criminal Law and Procedure Oct. 8, 2009
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