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Name Category Published
People v. Dyke
Conviction reversed for insufficient evidence that minor was exposed to television scenes constituting 'harmful matter' per Penal Code Section 288.2(a).
Criminal Law and Procedure May 11, 2009
People v. Mays
Incriminating statements made by defendant after taking fake polygraph test and seeing fake test results properly admitted into evidence.
Criminal Law and Procedure May 10, 2009
People v. Burgener
Request for self-representation for reconsideration of death sentence improperly granted where court fails to adequately inform of risks.
Criminal Law and Procedure May 7, 2009
U.S. v. Osazuwa, Jr.
Line of questioning regarding facts underlying defendant's prior bank fraud conviction improperly admitted as impeachment evidence.
Criminal Law and Procedure May 7, 2009
G.G. Doe v. California Dept. of Justice
Equitable estoppel inapplicable where sex offenders made ineligible for exclusion from Megan's Law website due to retroactive amendment of statute.
Criminal Law and Procedure May 7, 2009
U.S. v. Iribe
'Doctrine of specialty' not violated where Mexico grants extradition of defendant for 'related crimes' that did not carry life sentence.
Criminal Law and Procedure May 6, 2009
In re Masoner
Superior court's remedial order directing prisoner's release from custody violates separation of powers doctrine.
Criminal Law and Procedure May 5, 2009
King v. Ryan
Stay-and-abeyance procedure in 'Kelly v. Small' available for 'mixed' habeas petition and does not require showing of good cause.
Criminal Law and Procedure May 5, 2009
People v. Torres
Conviction reversed for insufficient evidence to support finding that presence of methamphetamine in defendant's body impaired his driving ability.
Criminal Law and Procedure May 5, 2009
Flores-Figueroa v. U.S.
Federal statute for aggravated identity theft requires proof that perpetrator knew that numbers in identification cards belonged to another person.
Criminal Law and Procedure May 4, 2009
In re Bolden
Allegation that penalty phase juror was bias and committed misconduct for failure to disclose of relationship with murder victim fails.
Criminal Law and Procedure May 4, 2009
In re Nunez
Sentence of life imprisonment without parole imposed on 14 year-old defendant for non-homicide, no-injury offense deemed 'cruel and unusual'.
Criminal Law and Procedure May 3, 2009
County of Los Angeles v. Fairmont Specialty Group
Court will not vacate forfeiture or exonerate bail bond where extradition request is not feasible.
Criminal Law and Procedure Apr. 30, 2009
People v. Henning
Jury instruction deemed incorrect due to omission of false writing requirement although testimony corroborated allegation of theft by false pretenses.
Criminal Law and Procedure Apr. 30, 2009
People v. Watts
Trial court properly denies request for self-representation where defendant's conduct prior to trial showed his inability to follow courtroom protocol.
Criminal Law and Procedure Apr. 30, 2009
People v. Frazier
Sentence enhancement for 'personal' infliction of bodily injury is upheld where defendant commanded dogs to attack victim.
Criminal Law and Procedure Apr. 30, 2009
People v. Lawrence
Trial court did not abuse its discretion when it denied pro per defendant's request for counsel after jury had been sworn.
Criminal Law and Procedure Apr. 30, 2009
People v. Gaines
Where trial court erroneously denied motion for personnel records, reversal is appropriate only if disclosure would have caused different outcome.
Criminal Law and Procedure Apr. 30, 2009
U.S. v. Godinez-Ortiz
District court has authority to order commitment of defendant under 18 U.S.C. Section 4246 to determine 'dangerousness.'
Criminal Law and Procedure Apr. 29, 2009
Farmer v. Baldwin
District court errs in denying habeas review based on alleged default of Oregon procedural rules.
Criminal Law and Procedure Apr. 29, 2009
People v. Zanoletti
Multiple convictions are appropriate where married couple is charged with operating insurance fraud mill.
Criminal Law and Procedure Apr. 29, 2009
People v. Magallanes
Penal Code Section 496 forbids conviction for both receipt and theft of same stolen property in carjacking.
Criminal Law and Procedure Apr. 29, 2009
Dean v. U.S.
Under 18 U.S.C. Section 924, 10-year mandatory minimum applies if gun is discharged during violent crime, whether intentionally or accidentally.
Criminal Law and Procedure Apr. 29, 2009
Kansas v. Ventris
Defendant's statement to informant is admissible to impeach contradictory trial testimony where statement was elicited in violation of Sixth Amendment.
Criminal Law and Procedure Apr. 29, 2009
Cone v. Bell
Defendant properly preserves 'Brady' claim in state court where federal court erred by barring claim as twice presented to state court.
Criminal Law and Procedure Apr. 28, 2009
People v. Bonnetta
Statutory requirement for trial court to explain reasons for dismissing enhancements in order entered upon minutes is mandatory.
Criminal Law and Procedure Apr. 27, 2009
U.S. v. Easterday
Conviction for willful failure to pay employee payroll taxes to IRS stands regardless of defendant's inability to pay.
Criminal Law and Procedure Apr. 27, 2009
Lopez v. Superior Court (The People of the State of California)
Mentally disordered offender may not request hearing on original certification where he raised challenge during recommitment stage.
Criminal Law and Procedure Apr. 26, 2009
U.S. v. Crowe
Jury instruction on involuntary manslaughter as lesser included offense is proper where defendant claimed killing was intentional act of self-defense.
Criminal Law and Procedure Apr. 26, 2009
People v. Coon
Faxed copies of court documents properly admitted per secondary evidence rule where no genuine dispute existed as to authenticity.
Criminal Law and Procedure Apr. 26, 2009