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Name Category Published
U.S. v. Paul
District court’s disregard of mandate is improper where it re-sentenced defendant to term only one month shorter than previously vacated sentence. 		Criminal Law and Procedure Apr. 3, 2009
In re Masoner
Superior court's remedial order directing prisoner's release from custody violates separation of powers doctrine. 		Criminal Law and Procedure Apr. 3, 2009
Harbison v. Bell
18 U.S.C. Section 3599 authorizes federally appointed counsel to represent clients in state clemency proceedings. 		Criminal Law and Procedure Apr. 2, 2009
People v. Ramirez
Under Penal Code Section 186.22(a), active gang participation requires proof that defendant engaged in gang-related felonious criminal conduct. 		Criminal Law and Procedure Apr. 1, 2009
Rivera v. Illinois
Denial of peremptory challenge does not violate Due Process where all jurors seated were qualified and unbiased. 		Criminal Law and Procedure Apr. 1, 2009
People v. Bermudez
Section 851.8 petition for seal and destruction of arrest record barred by two-year limitations period. 		Criminal Law and Procedure Mar. 31, 2009
People v. Chun
Shooting at an occupied vehicle is not acceptable underlying felony to form basis for felony-murder instruction. 		Criminal Law and Procedure Mar. 31, 2009
U.S. v. Carter
District court's within-Guidelines sentence is proper where arguments and factors under 18 U.S.C. Section 3553(a) were considered. 		Criminal Law and Procedure Mar. 31, 2009
McSherry v. City of Long Beach
Officer not entitled to qualified immunity where report of rape victim statement regarding bedroom creates genuine issue of material fact. 		Criminal Law and Procedure Mar. 31, 2009
U.S. v. Ferguson
Competency to stand trial differentiated from ability to conduct trial proceedings without counsel's assistance pursuant to <EM>Indiana v. Edwards</EM>. 		Criminal Law and Procedure Mar. 30, 2009
People v. Fisher
Defendant's right to be present for mentally disordered offender hearing violated but error is harmless. 		Criminal Law and Procedure Mar. 30, 2009
People v. Jones
Court's failure to inform defendant of consequences of prior offense admission is error but defendant waived claim. 		Criminal Law and Procedure Mar. 27, 2009
People v. Reyes
Wiretap evidence of intercepted calls with defendant's boyfriend not suppressed where content is unrelated to purpose of warrant. 		Criminal Law and Procedure Mar. 26, 2009
People v. Hernandez
Notice must be given to pawnbrokers prior to ordering release of property found to be stolen. 		Criminal Law and Procedure Mar. 26, 2009
Puckett v. U.S.
Plain-error standard in Federal Rule of Criminal Procedure Rule 52(b) applies to forfeited claim that government broke plea agreement. 		Criminal Law and Procedure Mar. 26, 2009
Ramirez v. City of Buena Park
Police officer is not entitled to qualified immunity for unlawful pat-down search where he believed suspect was intoxicated. 		Criminal Law and Procedure Mar. 26, 2009
U.S. v. Bassignani
For purposes of ‘Miranda,’ defendant is not 'in custody' when in workplace conference room with detective for two hour interview. 		Criminal Law and Procedure Mar. 26, 2009
People v. Henry
Accessing hood compartment of vehicle with locked doors constitutes 'entry' for purposes of auto burglary. 		Criminal Law and Procedure Mar. 25, 2009
Knowles v. Mirzayance
Attorney's recommendation to withdraw insanity plea not ineffective assistance of counsel where chance of success was minimal. 		Criminal Law and Procedure Mar. 25, 2009
People v. Uecker
Sufficient evidence to show that defendant stalked two women and no abuse of discretion for not dismissing prior strikes. 		Criminal Law and Procedure Mar. 25, 2009
People v. Pierce
Prosecutorial misconduct not found where prosecutor comments on temporal limits when defining 'abiding conviction.' 		Criminal Law and Procedure Mar. 25, 2009
U.S. v. Smith
Erroneous jury instruction regarding whether prison knife was a dangerous weapon is harmless error. 		Criminal Law and Procedure Mar. 25, 2009
U.S. v. Mejia
Assignment of criminal history point for prior misdemeanor conviction is error where imposition of sentence was suspended. 		Criminal Law and Procedure Mar. 25, 2009
U.S. v. Christensen
Statutory rape not 'violent felony' under the Armed Career Criminal Act's catch-all clause as conduct is not 'purposeful, violent, and aggressive.' 		Criminal Law and Procedure Mar. 24, 2009
U.S. v. Gutierrez-Sanchez
District court properly calculates Guidelines sentence where defendant's plea statement established commission of additional offense. 		Criminal Law and Procedure Mar. 24, 2009
People v. Earle
Refusal to sever indecent exposure charge from sexual assault is abuse of discretion as "spillover effect" of evidence unduly prejudiced felony charge. 		Criminal Law and Procedure Mar. 23, 2009
People v. Ramirez
Grossly negligent discharge of firearm constitutes necessary included offense of shooting at inhabited dwelling. 		Criminal Law and Procedure Mar. 20, 2009
U.S. v. Driggers
Misleading jury instruction is deemed harmless error although it misstated intent requirement under 18 U.S.C. Section 1958. 		Criminal Law and Procedure Mar. 19, 2009
U.S. v. Flores
Government's refusal to make Section 5K1.1 motion is proper where assistance without subsequent arrests is deemed "insubstantial". 		Criminal Law and Procedure Mar. 19, 2009
In re Rozzo
Governor's reversal of parole grant for inmate convicted of second-degree murder supported by 'some evidence.' 		Criminal Law and Procedure Mar. 18, 2009
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