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Name Category Published
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. 7, 2009
Jones v. Ryan
Capital defense attorney's reliance on court-appointed psychiatrist's limited evaluation and neglect of additional mitigating psychiatric evidence constitutes ineffective assistance.
Criminal Law and Procedure Oct. 6, 2009
Libberton v. Ryan
Counsel's failure to present mitigating evidence during penalty phase prejudices defendant although evidence did not directly undermine aggravating evidence.
Criminal Law and Procedure Oct. 6, 2009
U.S. v. Estrada-Eliverio
Under Federal Rule of Civil Procedure 44, official records proving prior deportation may be authenticated according to Federal Rules of Evidence.
Criminal Law and Procedure Oct. 6, 2009
People v. Gordon
Acquitted defendant may not also be convicted of firearm possession in connection with murder if sole issue in murder case was identity.
Criminal Law and Procedure Oct. 5, 2009
People v. Thompson
Mandatory registration for sodomy conviction violates equal protection where disparate treatment of sodomy and intercourse is not rationally based.
Criminal Law and Procedure Oct. 1, 2009
People v. Smith
One who takes by fear or force from possessor who is not property’s owner still commits robbery despite owner’s consent.
Criminal Law and Procedure Oct. 1, 2009
People v. Tran
Street terrorism conviction based on murder or attempted murder improper where defendant intended to benefit his gang in both acts.
Criminal Law and Procedure Oct. 1, 2009
People v. Strider
Evidence from search based on reasonable suspicion of firearm in public place must be suppressed if location is not considered public place.
Criminal Law and Procedure Sep. 30, 2009
People v. Contreras
Speedy trial right is not violated where defendant caused delay by using pseudonyms and admitted to violating his probation.
Criminal Law and Procedure Sep. 25, 2009
U.S. v. Samueli
Collateral-order doctrine does not allow interlocutory appeal of order rejecting plea agreement prior to termination of litigation.
Criminal Law and Procedure Sep. 25, 2009
U.S. v. Sipai
Retroactive lowering of applicable sentencing guidelines range does not apply to felon whose sentence was lowered by court discretion.
Criminal Law and Procedure Sep. 25, 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 Sep. 25, 2009
People v. Hernandez
Release of defendant without signed agreement is not release on own recognizance such that enhancement for failure to appear does not apply.
Criminal Law and Procedure Sep. 24, 2009
U.S. v. Watson
Condition on supervised release that barred defendant from entering city without probation officer's prior approval is not unlawful.
Criminal Law and Procedure Sep. 24, 2009
U.S. v. Bragg
Trial court commits procedural error and must reform judgment by providing unsatisfactory explanation of its sentence.
Criminal Law and Procedure Sep. 24, 2009
People v. Moore
Burglary victim's loss of wages due to voluntary trial attendance is properly included in restitution order.
Criminal Law and Procedure Sep. 24, 2009
Lee v. Superior Court (People)
Subpoenas are ineffective due to failure to sufficiently state materiality of requested documents in relation to Sexually Violent Predator Act proceedings.
Criminal Law and Procedure Sep. 23, 2009
U.S. v. Lemus
Warrantless search of living room is proper where search incident to arrest occurred while defendant was partially within home.
Criminal Law and Procedure Sep. 23, 2009
U.S. v. Grajeda
Prior conviction for assault with deadly weapon or by means likely to produce great bodily injury constitutes crime of violence.
Criminal Law and Procedure Sep. 22, 2009
Chioino v. Kernan
District court errs in reducing petitioner's sentence to middle term instead of remanding to state trial court for resentencing.
Criminal Law and Procedure Sep. 22, 2009
Hamilton v. Ayers
Counsel is ineffective at penalty phase for failing to investigate available mitigating evidence regarding defendant's horrific childhood and mental issues.
Criminal Law and Procedure Sep. 21, 2009
U.S. v. Contreras
Application of sentence enhancement for abuse of position of trust requires defendant to have professional or managerial discretion.
Criminal Law and Procedure Sep. 18, 2009
Garcia v. Superior Court (People)
Trial court may not reopen preliminary hearing to establish crime’s commission where revised testimony, which showed illegality of conduct, was not minor.
Criminal Law and Procedure Sep. 18, 2009
U.S. v. Montalvo
Sentence is not corrected under former Federal Rule of Criminal Procedure 35(a) where defendant attacked alleged illegalities in sentencing process.
Criminal Law and Procedure Sep. 17, 2009
People v. Goodliffe
Imposition of separate term on defendant convicted of committing lewd act upon child is improper where crimes did not involve same victim.
Criminal Law and Procedure Sep. 16, 2009
U.S. v. Chaney
District court properly declines to consider sentence that would have been imposed if reduced range for crack offenses had applied at sentencing.
Criminal Law and Procedure Sep. 16, 2009
Zepeda v. Walker
Under Antiterrorism and Effective Death Penalty Act, statute of limitations period does not toll until state petition is 'properly filed.'
Criminal Law and Procedure Sep. 14, 2009
U.S. v. Johnson
Government's decision not to move for additional sentence reduction is rationally based on anticipated expense of defending appeal.
Criminal Law and Procedure Sep. 14, 2009
Schad v. Ryan
Habeas petitioner who failed to develop facts necessary for ineffective assistance claim is entitled to hearing on diligence and reasonableness of efforts.
Criminal Law and Procedure Sep. 14, 2009