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Name Category Published
People v. Manfredi
Simultaneous possession of multiple child pornography materials at same location must be charged as one criminal offense.
Criminal Law and Procedure Dec. 23, 2008
People v. Mentch
Primary caregiver defense does not protect supplier of medical marijuana who only sporadically took patients to medical appointments.
Criminal Law and Procedure Dec. 19, 2008
In re Franklin
Petitioner is granted habeas corpus where he is no longer deemed sexually violent predator.
Criminal Law and Procedure Dec. 19, 2008
People v. Martinez
Murder convictions are reversed where homicide is not natural and probable consequence of gang member's verbal challenge.
Criminal Law and Procedure Dec. 18, 2008
People v. Felix
Defendant's SVP status at time of trial does not require proof of recent overt act while offender was in custody.
Criminal Law and Procedure Dec. 18, 2008
People v. Anderson
Defendant's suppression motion cannot be redetermined on remand unless she presents 'new or different' evidence justifying different ruling.
Criminal Law and Procedure Dec. 18, 2008
People v. Yarbrough
Conviction for possession of concealed weapon does not violate Second Amendment in light of 'District of Columbia v. Heller.'
Criminal Law and Procedure Dec. 18, 2008
In re Burdan
Governor improperly reverses grant of parole concerning 1983 murder of petitioner's wife.
Criminal Law and Procedure Dec. 16, 2008
People v. Villanueva
Defendant's assertion that shooting was accidental does not foreclose instruction on self-defense where there is substantial evidence that shooting was intentional.
Criminal Law and Procedure Dec. 16, 2008
Lewis v. Superior Court (People)
Discretionary statute does not authorize sex offender registration for defendant convicted of voluntary oral copulation with minor.
Criminal Law and Procedure Dec. 16, 2008
In re Aguilar
Governor's finding of unsuitability for parole cannot stand where inmate does not pose danger to public.
Criminal Law and Procedure Dec. 15, 2008
People v. Vigil
Conviction is reversed where trial lawyer's mid-trial resignation to State Bar denies defendant constitutional right to counsel.
Criminal Law and Procedure Dec. 15, 2008
People v. Hernandez
Officer may not stop vehicle displaying temporary operating permit in lieu of license plates on hunch that permit is forged.
Criminal Law and Procedure Dec. 12, 2008
People v. Conners
Resentencing is required where trial court imposed sentence on defendant prior to receipt of updated probation report.
Criminal Law and Procedure Dec. 10, 2008
Chambers v. McDaniel
Due process is violated when erroneous jury instructions allowed first degree murder conviction without finding of deliberation.
Criminal Law and Procedure Dec. 10, 2008
Tennison v. City and County of San Francisco
Homicide inspectors may not escape duty to disclose exculpatory evidence where plaintiffs were wrongly accused of murder.
Criminal Law and Procedure Dec. 9, 2008
In re Tokhmanian
Governor's 30-day period of review of parole grant commenced after trial court rendered its decision of reinstatement.
Criminal Law and Procedure Dec. 8, 2008
Sechrest v. Ignacio
'Miranda' rights are not violated in case involving first degree murder and kidnapping of two young girls.
Criminal Law and Procedure Dec. 8, 2008
U.S. v. Eghbal
Liability under False Claims Act attaches to statements by sellers inducing government to approve home loans.
Criminal Law and Procedure Dec. 8, 2008
People v. Kennedy
Direct appeal to appellate division is available to defendant convicted by written declaration only after trial de novo.
Criminal Law and Procedure Dec. 5, 2008
People v. Garcia
Concurrent sentences appropriate when felony convictions arise from the same occasion or set of operative facts.
Criminal Law and Procedure Dec. 4, 2008
Hedgpeth v. Pulido
Harmless error review deemed more appropriate where Court of Appeals made finding of structural error.
Criminal Law and Procedure Dec. 3, 2008
People v. Madrid
Although community caretaking exception could apply to vehicle stops, detention is not justified where officer believed passenger was ill.
Criminal Law and Procedure Dec. 2, 2008
People v. Morales
Conviction of shooting at inhabited dwelling cannot stand where shots were fired into house from inside attached garage.
Criminal Law and Procedure Dec. 2, 2008
People v. Hughston
Warrantless search of vehicle located within tent structure violates Fourth Amendment.
Criminal Law and Procedure Dec. 2, 2008
People v. Rubin
Sale of marijuana by minister is not protected by Religious Freedom Restoration Act.
Criminal Law and Procedure Dec. 2, 2008
U.S. v. Weyhrauch
Federal honest services mail fraud prosecution does not require proof of simultaneous violation of state law.
Criminal Law and Procedure Dec. 1, 2008
People v. Rodriguez
Trial court properly declines to instruct jury as matter of law that codefendants in murder case were accomplices.
Criminal Law and Procedure Dec. 1, 2008
U.S. v. Blixt
Employee who forges manager's signature on checks for personal gain is guilty of aggravated identity theft.
Criminal Law and Procedure Nov. 28, 2008
People v. Kimbell
Where verdict is incomplete without trial on priors, court has power to reconvene jury that never left jury box.
Criminal Law and Procedure Nov. 28, 2008