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Name Category Published
People v. Ybarra
Facts that were not found true by jury do not support aggravated terms for defendants' active participation in criminal street gang. 		Criminal Law and Procedure Sep. 16, 2008
Moses v. Payne
Exclusion of expert witness testimony is proper where precedent has not established violation of constitutional right to present evidence. 		Criminal Law and Procedure Sep. 16, 2008
U.S. v. Drake
Defendant's right to speedy trial is not violated by two- year delay. 		Criminal Law and Procedure Sep. 16, 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 Sep. 16, 2008
People v. Wilson
Instruction permitting jury to use evidence of other charged offenses to prove intent is allowed in case involving multiple sex offenses. 		Criminal Law and Procedure Sep. 15, 2008
People v. Plumlee
Under Penal Code Section 653k, switchblades may also be dirks or daggers as defined in Section 12020 even if in closed position. 		Criminal Law and Procedure Sep. 12, 2008
People v. Sinclair
Penal Code Section 12022.53 mandates imposition of 10-year gun use enhancement where only combination of other enhancements provide for greater penalty. 		Criminal Law and Procedure Sep. 11, 2008
U.S. v. Waknine
District court commits plain error by failing to discuss 18 U.S.C. Section 3553 factors in rendering sentence. 		Criminal Law and Procedure Sep. 11, 2008
U.S. v. Lopez-Martinez
Defendant fails to show judge had actual or implied bias in case involving conviction for conspiracy to bring aliens to United States. 		Criminal Law and Procedure Sep. 11, 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 Sep. 11, 2008
People v. Pool
Court properly instructs jury that defendant's knowledge of strangled girlfriend's fetus is not prerequisite to murder conviction. 		Criminal Law and Procedure Sep. 11, 2008
Gonzalez v. Superior Court (People)
Court must recall warrant and detainer where defendant 'remains to be sentenced' and is not brought to trial or for sentencing within 90 days. 		Criminal Law and Procedure Sep. 11, 2008
Edwards v. Ayers
In death penalty case involving killing of young girl, jury is properly instructed on 'lying in wait' special circumstance. 		Criminal Law and Procedure Sep. 10, 2008
Catlin v. Superior Court (People)
Motion for postconviction discovery brought 17 years after conviction is denied where defendant did not file within reasonable time period. 		Criminal Law and Procedure Sep. 10, 2008
U.S. v. Weyhrauch
Federal honest services mail fraud prosecution does not need proof of simultaneous violation of state law 		Criminal Law and Procedure Sep. 10, 2008
U.S. v. Nader
Use of intrastate telephone calls to conduct prostitution business violates Travel Act. 		Criminal Law and Procedure Sep. 8, 2008
U.S. v. Medina-Beltran
In illegal re-entry case, appellate court rejects defendant's various challenges to his sentence. 		Criminal Law and Procedure Sep. 8, 2008
U.S. v. Bendtzen
Four-level increase is proper where bank robber 'otherwise uses' dangerous weapon by pretending to detonate fake bomb. 		Criminal Law and Procedure Sep. 8, 2008
Cox v. Del Papa
Court did not have duty to conduct sua sponte examination of defendant's 'Miranda' waiver when his competency to stand trial came into question. 		Criminal Law and Procedure Sep. 5, 2008
Paulino v. Harrison
State fails to meet its burden of production with respect to prosecutor's actual reasons for peremptory challenges. 		Criminal Law and Procedure Sep. 5, 2008
Rodriguez v. Smith
Bureau of Prisons' categorical exercise of discretion to temporally limit inmates' eligibility for community confinement violates 18 U.S.C. Section 3621(b). 		Criminal Law and Procedure Sep. 5, 2008
People v. Castagne
Prop. 36 ineligibility finding is reversed where defendant is found to be sincere in her efforts to seek treatment. 		Criminal Law and Procedure Sep. 5, 2008
People v. Hernandez
Defendant convicted of oral copulation with person less than 16 years of age is not required to register as sex offender. 		Criminal Law and Procedure Sep. 4, 2008
People v. Warner
Trial court properly imposes punishment for firearm enhancement with longest prison term, then stays lesser term for personal use of firearm. 		Criminal Law and Procedure Sep. 4, 2008
Johnson v. Knowles
Miscarriage of justice exception does not apply where petitioner asserts procedural violations in lieu of claim of innocence as to underlying crime. 		Criminal Law and Procedure Sep. 3, 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 Sep. 3, 2008
People v. Mgebrov
Penal Code Section 1203.4 permits trial court to dismiss individual counts after concluding two of defendant's three convictions are eligible for relief. 		Criminal Law and Procedure Sep. 3, 2008
U.S. v. Becerril-Lopez
In illegal re-entry case, 16-level sentence enhancement is applied to defendant whose prior robbery conviction qualifies as 'crime of violence.' 		Criminal Law and Procedure Sep. 2, 2008
U.S. v. Daniels
Lifetime term of supervised release does not restrict First Amendment rights of defendant who possessed child pornography. 		Criminal Law and Procedure Sep. 2, 2008
U.S. v. Gamba
Defense counsel can make tactical decision to waive defendant's right to have Article III judge conduct closing argument without defendant's consent. 		Criminal Law and Procedure Aug. 29, 2008
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