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Name Category Published
Indiana Lumbermens Mutual Insurance Co. v. Alexander
Bond company need not refund premium received for posting bond where it did not surrender defendant to custody. 		Criminal Law and Procedure Nov. 5, 2008
People v. Stier
Methamphetamine evidence must be suppressed where police improperly handcuffed truck driver because of his height. 		Criminal Law and Procedure Nov. 5, 2008
People v. Smith
Due process is not violated where CALCRIM instructions on circumstantial evidence are provided to jury at close of evidence. 		Criminal Law and Procedure Nov. 5, 2008
People v. Newby
Under aggravated mayhem statute, disfiguring injury may be deemed permanent even though medical repair is possible. 		Criminal Law and Procedure Oct. 30, 2008
People v. Bergin
Restitution amount paid by insurer in lieu of amount billed by medical provider is sufficient to make victim 'whole.' 		Criminal Law and Procedure Oct. 29, 2008
U.S. v. Snellenberger
District courts may rely on minute orders when applying modified categorical approach of 'Taylor v. United States.' 		Criminal Law and Procedure Oct. 29, 2008
People v. Sweig
Flawed statute lacks mechanism to confiscate firearm of mentally disordered person detained outside residence. 		Criminal Law and Procedure Oct. 28, 2008
People v. Concepcion
Escapee is deemed to be voluntarily absent from time of escape until he can reasonably be returned to court. 		Criminal Law and Procedure Oct. 28, 2008
People v. Caesar
Where shooter is convicted of attempted unpremeditated murder, premeditation cannot be found against his aider and abettor. 		Criminal Law and Procedure Oct. 27, 2008
People v. Slattery
Hospital is not entitled to restitution for criminal conduct due to its lack of 'direct victim' status. 		Criminal Law and Procedure Oct. 27, 2008
People v. Murray
Aggravated assault is not necessarily included offense of involuntary manslaughter. 		Criminal Law and Procedure Oct. 27, 2008
Sabatasso v. Superior Court (Cate)
Parolee held by local law enforcement for evaluation as sexually violent predator is entitled to $200 release allowance. 		Criminal Law and Procedure Oct. 24, 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 Oct. 24, 2008
People v. Martinez
Defendant had no right to jury trial under 'Cunningham v. California' where factors were used to impose consecutive sentences. 		Criminal Law and Procedure Oct. 24, 2008
Styers v. Schriro
Court fails to reweigh all relevant mitigating evidence after striking aggravating factor in convicted murderer's case. 		Criminal Law and Procedure Oct. 24, 2008
U.S. v. Fiander
Tribal member who may not be prosecuted for contraband cigarette trafficking can still be guilty of RICO conspiracy. 		Criminal Law and Procedure Oct. 24, 2008
U.S. v. Seljan
Border search is justified where customs officials opened packages in course of authorized outbound currency operation. 		Criminal Law and Procedure Oct. 24, 2008
People v. Bartsch
Denial of petition for restoration to sanity is upheld where defendant cannot prove full recovery from amphetamine-induced psychotic disorder. 		Criminal Law and Procedure Oct. 23, 2008
People v. Wallace
Sufficient evidence exists to support defendant's convictions for attempted rape and robbery of 83-year-old widow. 		Criminal Law and Procedure Oct. 23, 2008
Sabatasso v. Superior Court (Cate)
Parolee held by local law enforcement for evaluation as sexually violent predator is entitled to $200 release allowance. 		Criminal Law and Procedure Oct. 22, 2008
U.S. v. McTiernan
Defendant may withdraw guilty plea where he was unaware of availability of motion to suppress evidence. 		Criminal Law and Procedure Oct. 22, 2008
People v. Nunez
15 percent limit on presentence credit applies to each offense of defendant's entire prison term even if only one offense was violent. 		Criminal Law and Procedure Oct. 21, 2008
U.S. v. Schales
Double Jeopardy Clause violation occurs where possession of sexually explicit material involving minors is lesser-included offense of receipt of same material. 		Criminal Law and Procedure Oct. 21, 2008
U.S. v. Armstead
Procedural error in sentencing occurs where district court concludes that victims include persons harmed by fraud but not included in loss calculation. 		Criminal Law and Procedure Oct. 16, 2008
Moore v. United States
District court has discretion to consider disparity between U.S. Sentencing Guidelines' treatment of crack and powder cocaine offenses. 		Criminal Law and Procedure Oct. 15, 2008
People v. Briones
Penal Code Section 667 does not permit consecutive sentences for conspiracy and drug possession where sale of drugs was object of conspiracy. 		Criminal Law and Procedure Oct. 13, 2008
U.S. v. Maes
Defendant fails to show she was improperly charged under general criminal possession statute. 		Criminal Law and Procedure Oct. 13, 2008
U.S. v. Lemoine
Bureau of Prisons is authorized to require inmates to pay higher restitution payments pursuant to rehabilitative program. 		Criminal Law and Procedure Oct. 10, 2008
People v. Lucatero
Police officer may pose as potential buyer and enter home to corroborate details given by informant for purposes of obtaining search warrant. 		Criminal Law and Procedure Oct. 10, 2008
People v. DeFrance
Absence of jury instructions in court record does not prejudice defendant. 		Criminal Law and Procedure Oct. 10, 2008
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