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Name Category Published
People v. Guiffre
Court improperly imposes second restitution fine rather than probation revocation fine.
Criminal Law and Procedure Oct. 9, 2008
U.S. v. Delgado
Cocaine possession conviction stands where commercial truck is subject to warrantless inspection.
Criminal Law and Procedure Oct. 8, 2008
Slovik v. Yates
Sixth Amendment right to confront witnesses is infringed where defendant is denied right to establish that key witness lied under oath.
Criminal Law and Procedure Oct. 7, 2008
People v. Dominguez
Amendment to information is improper where trial evidence of unauthorized use of car was not presented at preliminary hearing.
Criminal Law and Procedure Oct. 6, 2008
Barsamyan v. Appellate Division of the Superior Court (People)
Counsel's consent to continuance in one case to accommodate another trial initiates 10-day grace period for purposes of speedy trial statute.
Criminal Law and Procedure Oct. 3, 2008
Kennedy v. Louisiana
Eighth Amendment bars capital punishment for child rape that did not result in victim's death.
Criminal Law and Procedure Oct. 2, 2008
Boyle v. United States
Use of factually inconsistent theories in related criminal case for RICO violation did not violate due process
Criminal Law and Procedure Oct. 2, 2008
Kansas v. Ventris
Order
Criminal Law and Procedure Oct. 2, 2008
People v. Ward
Higher statutory sentence for possession of cocaine base for sale does not violate defendant's due process or equal protection rights.
Criminal Law and Procedure Oct. 2, 2008
People v. Esquibel
Temporary exclusion of two spectators during examination of seven-year-old witness does not violate defendant's right to public trial.
Criminal Law and Procedure Oct. 1, 2008
Perez v. City of Los Angeles
Court properly suppresses evidence of police officer's testimony but not separate act of pointing loaded firearm at sergeant during interrogation.
Criminal Law and Procedure Sep. 30, 2008
U.S. v. Lazarenko
Convictions of Ukrainian official for charges related to extortion are upheld where indictment was sufficient.
Criminal Law and Procedure Sep. 29, 2008
People v. Jasmin
Warrantless search of defendant's on-base living quarters is valid under both military law and Fourth Amendment.
Criminal Law and Procedure Sep. 29, 2008
People v. Zepeda
CALCRIM No. 220 properly instructed jury on reasonable doubt standard where court had no duty to define subjective certitude requirement for finding of guilt.
Criminal Law and Procedure Sep. 26, 2008
People v. Barkley
Prior assault conviction constitutes felony strike where sentencing judge's orders were inconsistent with imposition of misdemeanor jail sentence.
Criminal Law and Procedure Sep. 25, 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 Sep. 25, 2008
U.S. v. Gomez-Leon
Conviction for vehicular manslaughter is not 'crime of violence' for purposes of application of 16-level enhancement.
Criminal Law and Procedure Sep. 25, 2008
U.S. v. Vega
Conditions of supervised release are affirmed where they relate to defendant's rehabilitation and are not impermissibly vague.
Criminal Law and Procedure Sep. 25, 2008
U.S. v. Pham
In bank fraud case, court errs in imposing four-level enhancement to defendant's sentence under U.S. Sentencing Guidelines.
Criminal Law and Procedure Sep. 24, 2008
Quinones v. Superior Court (People)
Defendant is unfairly surprised with charge of torture in amended felony complaint.
Criminal Law and Procedure Sep. 23, 2008
People v. Valencia
Government Code Section 76104.7's DNA state-only penalty may not be assessed on court security fees.
Criminal Law and Procedure Sep. 22, 2008
People v. Collier
Police officers are permitted to perform limited pat-down of defendant after detecting marijuana odor during traffic stop.
Criminal Law and Procedure Sep. 19, 2008
People v. Dehle
Restitution order is reversed where district attorney was not present at defendant's hearing.
Criminal Law and Procedure Sep. 19, 2008
People v. Baughman
Error is deemed harmless where court concludes that jury would have found aggravating circumstance true beyond a reasonable doubt.
Criminal Law and Procedure Sep. 18, 2008
U.S. v. Gianelli
Federal Debt Collection Procedures Act preempts California state law precluding enforcement of restitution judgment after 10 years from entry of judgment.
Criminal Law and Procedure Sep. 18, 2008
People v. Milligan
Court rejects defendant's challenges to amendments and additions to sex offender registration laws.
Criminal Law and Procedure Sep. 17, 2008
In re Asencio
Conviction for aggravated sexual assault of child is upheld where defendant used force sufficient to overcome victim's will.
Criminal Law and Procedure Sep. 17, 2008
People v. Salcido
Prosecution may not avoid two-dismissal rule by charging new offense in third filing to increase original charge to violent felony.
Criminal Law and Procedure Sep. 17, 2008
Hebner v. McGrath
Amended petition alleging due process violation due to faulty jury instructions does not relate back to original petition alleging incorrect evidence standard.
Criminal Law and Procedure Sep. 17, 2008
People v. Love
Dental receptionist cannot be convicted of both theft-- through fraudulent use of access card--and receipt of same stolen property.
Criminal Law and Procedure Sep. 17, 2008