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Name Category Published
People v. Morelos
Possession of multiple blank checks is deemed single act of forgery, resulting in reversal of sentences for all but one count.
Criminal Law and Procedure Nov. 26, 2008
People v. Garcia
Evidence of consciousness of guilt shown by stand-off with defendant is not excluded where he was wanted in relation to other crimes.
Criminal Law and Procedure Nov. 26, 2008
People v. Lopez
'Marsden' hearing is improperly denied where defendant claimed public defender had conflict of interest.
Criminal Law and Procedure Nov. 26, 2008
People v. Zavala
Collateral estoppel does not apply where prior acquittal did not determine issue at third trial of whether defendant was guilty of torture.
Criminal Law and Procedure Nov. 26, 2008
People v. Galvan
Penal Code Section 12022.7(b) enhancement for great bodily injury does not require victim's comatose state to be permanent.
Criminal Law and Procedure Nov. 26, 2008
People v. Brendlin
Outstanding warrant attenuates connection between illegal traffic stop and discovery of drug paraphernalia.
Criminal Law and Procedure Nov. 25, 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 Nov. 25, 2008
People v. Genovese
CALCRIM homicide instructions are proper where jury was not specifically informed that imperfect defense of another negates malice.
Criminal Law and Procedure Nov. 25, 2008
People v. Davis
Defendants forfeit claim that wiretap evidence should have been excluded where they failed to raise it in trial court.
Criminal Law and Procedure Nov. 24, 2008
People v. Cox
Resistance to unlawful arrest is admissible evidence where court views it as independent act.
Criminal Law and Procedure Nov. 24, 2008
People v. Rabanales
Defendant who pled no contest to attempted murder violates plea agreement when he later commits domestic violence.
Criminal Law and Procedure Nov. 21, 2008
People v. Mosley
Court strikes sex offender registration imposed upon defendant where Jessica's Law would subject him to residency restriction.
Criminal Law and Procedure Nov. 21, 2008
U.S. v. Nevils
Felon who was asleep with firearm on his lap did not have 'knowing possession' to support conviction.
Criminal Law and Procedure Nov. 21, 2008
Doody v. Schriro
Confession to Buddhist temple murders is involuntary where police gave adequate 'Miranda' warnings but interrogated 17-year-old for 12 hours.
Criminal Law and Procedure Nov. 21, 2008
People v. Hsu
Rights to speedy trial right and sentencing by same judge are not violated in case where defendant avoided sentencing.
Criminal Law and Procedure Nov. 20, 2008
People v. McFearson
Sentence enhancements for both prior convictions and prison terms served for those convictions are improper.
Criminal Law and Procedure Nov. 20, 2008
People v. Castillo
Substantial evidence supports judgment where it is indisputable that date of filing of information is timely for purposes of statute of limitations.
Criminal Law and Procedure Nov. 20, 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 Nov. 20, 2008
People v. Williams
In case involving gang activity conviction, common ideology and similar name are not sufficient to show faction is part of larger gang.
Criminal Law and Procedure Nov. 19, 2008
People v. Rushing
Defendant's constitutional contentions are not cognizable on appeal without certificate of probable cause.
Criminal Law and Procedure Nov. 19, 2008
Waldrip v. Hall
One-year federal limitations period is not tolled during unjustified delay in post-conviction process.
Criminal Law and Procedure Nov. 19, 2008
People v. Belton
Man who lived with woman in car may be convicted of corporal injury to cohabitant.
Criminal Law and Procedure Nov. 19, 2008
People v. Garcia
Evidence of consciousness of guilt shown by stand-off with defendant is not excluded where he was wanted in relation to other crimes.
Criminal Law and Procedure Nov. 17, 2008
Gallaher v. U.S. District Court for the District of Washington (United States)
Court that did not accept conditional guilty plea erroneously reviews defendant's presentence report.
Criminal Law and Procedure Nov. 14, 2008
People v. Ramirez
Defendant who lies on applications for food stamps and cash aid may be convicted of both misrepresentation and perjury.
Criminal Law and Procedure Nov. 10, 2008
U.S. v. Miller
Transfer to work release program does not constitute supervised release, and inmate remains imprisoned under 18 U.S.C. Section 3624.
Criminal Law and Procedure Nov. 10, 2008
People v. Anderson
Prosecutor's misstatement of law in opening argument is deemed harmless error.
Criminal Law and Procedure Nov. 10, 2008
U.S. v. Williams
New trial is necessary where jury was instructed to continue deliberating after judge learned of holdout juror.
Criminal Law and Procedure Nov. 7, 2008
People v. Arias
Conviction for possession of 'false compartment' cannot stand where defendant did not modify vehicle's original factory equipment.
Criminal Law and Procedure Nov. 7, 2008
U.S. v. Youssef
Conviction for knowingly making false statement on immigration document is upheld where statute does not impose materiality requirement.
Criminal Law and Procedure Nov. 6, 2008