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Name Category Published
People v. Johnson
Judicial Council of California Criminal Jury Instructions (2006), CALCRIM No. 852 does not violate defendant's due process rights.
Criminal Law and Procedure Jul. 8, 2008
People v. Logsdon
Suppression motion is properly denied where violation of Vehicle Code permits police officer to stop and detain driver.
Criminal Law and Procedure Jul. 8, 2008
People v. Picklesimer
If judgments against defendants are affirmed, original judgments must be enforced.
Criminal Law and Procedure Jul. 7, 2008
People v. Carrasco
Where defendant enters sheriff's station, reaches into bag with gasoline in it, and holds lighter in hand, attempted arson conviction is upheld.
Criminal Law and Procedure Jul. 7, 2008
U.S. v. Evans-Martinez
Fed. R. Crim. P. 32(h) requires district courts to provide notice of possible departures from Sentencing Guideline ranges.
Criminal Law and Procedure Jul. 3, 2008
U.S. v. Warr
District court's imposition of sentence above advisory guidelines is reasonable where defendant has numerous psychological problems and is dangerous to public.
Criminal Law and Procedure Jul. 3, 2008
People v. Miller
Assault with deadly weapon conviction is reversed where court erroneously informed jury that crime did not contain awareness element.
Criminal Law and Procedure Jul. 3, 2008
People v. Lewis
For purposes of Penal Code Section 12021, previous felony cannot serve as basis of charge where conviction has been reduced to misdemeanor.
Criminal Law and Procedure Jul. 2, 2008
U.S. v. Byun
Plaintiff convicted of importing minor into United States for prostitution must register as sex offender even though conviction is not clearly specified.
Criminal Law and Procedure Jul. 2, 2008
People v. Mitchell
Failure to object to instructional error forfeits objection on appeal unless defendant's substantial rights are affected.
Criminal Law and Procedure Jul. 1, 2008
U.S. v. Harrell
When property in question is no longer needed for evidentiary purposes, property owner has presumptive rights to its return.
Criminal Law and Procedure Jul. 1, 2008
U.S. v. Mayer
Motion to suppress is properly denied where officers had probable cause to believe defendant lived at residence they searched.
Criminal Law and Procedure Jul. 1, 2008
U.S. v. Davis
Seizure effected by law enforcement while executing valid search warrant is constitutional.
Criminal Law and Procedure Jul. 1, 2008
People v. Whisenhunt
Sufficient evidence of deliberation exists to uphold death sentence for first degree murder involving infliction of torture on infant.
Criminal Law and Procedure Jul. 1, 2008
People v. Salcido
Defendant convicted of six counts of murder may not challenge validity of his seizure in Mexico.
Criminal Law and Procedure Jul. 1, 2008
People v. Wycoff
In 'Pitchess' motion case, custodian of records who did not produce entire file for review must establish what documents were included in file.
Criminal Law and Procedure Jul. 1, 2008
People v. Davis
Peremptory challenges that excused African-American jurors are allowed where potential juror was not punctual and other excusal was due to ‘hunch.’
Criminal Law and Procedure Jun. 30, 2008
People v. Boyle
Amended Sexually Violent Predator Act does not violate ex post facto provisions of federal and state Constitutions.
Criminal Law and Procedure Jun. 30, 2008
Brown v. Uttecht
Where sound trial strategy is utilized and mitigation case was objectively reasonable, defendant's ineffective assistance of counsel argument fails.
Criminal Law and Procedure Jun. 30, 2008
Cuevas v. de Roco
Fourth Amendment requires police officers have probable cause to believe parolee is residing in house to be searched.
Criminal Law and Procedure Jun. 30, 2008
U.S. v. Taylor
Sentence is properly adjusted upward where prior attempted armed robbery conviction constitutes crime of violence.
Criminal Law and Procedure Jun. 27, 2008
People v. Holloway
Jury must decide issue of involuntary intoxication where defendant caused accident while under influence of prescription medicine.
Criminal Law and Procedure Jun. 27, 2008
People v. Page
Admission of pornographic magazines is harmless where overwhelming evidence establishes defendant murdered and committed lewd act upon girl.
Criminal Law and Procedure Jun. 27, 2008
People v. Towne
Right to jury trial not applicable to determine whether aggravating circumstances exist where defendant has prior convictions or committed crime on parole.
Criminal Law and Procedure Jun. 27, 2008
Giles v. California
Theory of forfeiture by wrongdoing is not exception to Sixth Amendment's confrontation requirement.
Criminal Law and Procedure Jun. 26, 2008
Kennedy v. Louisiana
Capital punishment for child rape is unconstitutional.
Criminal Law and Procedure Jun. 26, 2008
United States v. Locklin
No conviction for underlying offense is required to be convicted of failure to appear.
Criminal Law and Procedure Jun. 26, 2008
People v. Superior Court (George)
In order to recommit defendant as sexually violent predator, it is sufficient to prove that public safety requires his confinement or supervised release.
Criminal Law and Procedure Jun. 25, 2008
Duncan v. Ornoski
Death sentence is set aside where lawyer's failure to present exculpatory serological evidence prejudices defendant with respect to jury's special circumstance finding.
Criminal Law and Procedure Jun. 25, 2008
Rothgery v. Gillespie County
Criminal defendant's initial appearance before judge marks initiation of adversary proceedings that trigger attachment of Sixth Amendment right to counsel.
Criminal Law and Procedure Jun. 24, 2008