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Name Category Published
People v. Phomphakdy
Defendant is prejudiced by application of unconstitutional provision in Medical Marijuana Program Act. 		Criminal Law and Procedure Aug. 4, 2008
People v. Weeks
Although court improperly disallows defendant from proceeding in propria persona, error does not require reversal. 		Criminal Law and Procedure Aug. 4, 2008
People v. Cuellar
Forged check has sufficient intrinsic value as negotiable instrument to support conviction for grand theft. 		Criminal Law and Procedure Aug. 4, 2008
People v. Sutton
Counsel's engagement in another matter is good cause to continue joint trial of jointly charged defendants. 		Criminal Law and Procedure Aug. 1, 2008
People v. Windus
Qualified patient must be permitted to present defense regarding medical recommendation to possess marijuana under Compassionate Use Act. 		Criminal Law and Procedure Aug. 1, 2008
People v. Gonzales
Case is remanded for new trial where prosecutor's reasons for peremptory challenges are not race-neutral. 		Criminal Law and Procedure Aug. 1, 2008
People v. Osorio
Murder victim's statements to paramedic and officer are properly admitted where they are nontestimonial. 		Criminal Law and Procedure Aug. 1, 2008
People v. Diaz
Retrieval of incriminating text message from seized cell phone is valid search incident to arrest. 		Criminal Law and Procedure Aug. 1, 2008
People v. Fiu
Trial court errs in imposing consecutive 10-year term for gang enhancement where second degree murder conviction is punishable by life imprisonment. 		Criminal Law and Procedure Jul. 31, 2008
People v. Reyes
Defendant is entitled to pretrial custody conduct credits where murder occurred before Penal Code Section 2933.2's effective date. 		Criminal Law and Procedure Jul. 30, 2008
People v. Del Rio
Prior juvenile adjudication may be used as strike to enhance sentence despite absence of jury trial in delinquency proceedings. 		Criminal Law and Procedure Jul. 30, 2008
Moore v. Czerniak
Counsel's performance falls below objective standard of reasonableness where he fails to move to suppress client's involuntary confession. 		Criminal Law and Procedure Jul. 30, 2008
U.S. v. Lopez
Defendant's second habeas corpus motion is denied where new evidence of informant's unreliability is not sufficient to establish that defendant was not guilty. 		Criminal Law and Procedure Jul. 30, 2008
People v. Wilen
Although court erred in denying defendant's demand for jury trial pursuant to Health and Safety Code Section 11470.2, error was not prejudicial. 		Criminal Law and Procedure Jul. 29, 2008
People v. Allen
In sexually violent predator proceeding, court's error in disallowing defendant's testimony is harmless. 		Criminal Law and Procedure Jul. 29, 2008
People v. Loker
Death sentence is not disproportionate punishment for defendant who shoots four people in adult book store during crime spree. 		Criminal Law and Procedure Jul. 29, 2008
People v. Wilson
In death penalty case, judgment of guilt is affirmed, but penalty phase judgment is reversed where juror was improperly discharged. 		Criminal Law and Procedure Jul. 29, 2008
Mejia v. Garcia
Jury instructions did not violate petitioner's due process rights with respect to kidnapping and assault convictions. 		Criminal Law and Procedure Jul. 28, 2008
People v. Cruz
Waiting for opportunity to launch surprise attack on police officer from backseat of patrol car constitutes 'lying-in-wait.' 		Criminal Law and Procedure Jul. 25, 2008
People v. Evans
Criminal defendant has no right to make unsworn statement in mitigation of punishment in response to allocution. 		Criminal Law and Procedure Jul. 25, 2008
People v. Lenix
Jury panelist is properly excused where she had negative experiences with law enforcement. 		Criminal Law and Procedure Jul. 25, 2008
People v. Jimenez
Erroneous admission of DNA evidence with inadequate chain of custody prejudices defendant and requires new trial. 		Criminal Law and Procedure Jul. 24, 2008
U.S. v. Jimenez
Two prior convictions for drug trafficking offenses warrant 16-level enhancement. 		Criminal Law and Procedure Jul. 24, 2008
People v. Perez
Occasional care meets 'care and custody' requirement of Penal Code Section 273a(b). 		Criminal Law and Procedure Jul. 23, 2008
U.S. v. Caseres
Warrantless automobile search without spatial or temporal proximity to arrest is not valid search incident to arrest. 		Criminal Law and Procedure Jul. 23, 2008
People v. Moseley
Concurrent sentence for maintaining place for sale is upheld where charge of possession of methamphetamine for sale arises from independent criminal objective. 		Criminal Law and Procedure Jul. 23, 2008
In re Lugo
Court improperly limits Board of Parole Hearings' inherent discretion by requiring it to state 'significant change' justifying multi-year denials. 		Criminal Law and Procedure Jul. 23, 2008
Houston v. Schomig
Evidentiary hearing is necessary to determine whether attorney's prior representation of prosecution's star witness violated defendant's right to conflict-free counsel. 		Criminal Law and Procedure Jul. 23, 2008
U.S. v. Miranda-Lopez
Aggravated identity theft requires proof that defendant knew means of identification belonged to another person. 		Criminal Law and Procedure Jul. 23, 2008
Brown v. Farwell
Defendant is granted petition for writ of habeas corpus due to inaccurate DNA evidence and violations of due process. 		Criminal Law and Procedure Jul. 22, 2008
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