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Name Category Published
Greenlaw v. U.S.
Absent government appeal or cross-appeal, appellate court may not order increase in defendant's sentence. 		Criminal Law and Procedure Jun. 24, 2008
U.S. v. Chapman
Although acts of civil disobedience are in opposition to officers, misdemeanor conviction for forcible resistance cannot stand due to lack of underlying assault. 		Criminal Law and Procedure Jun. 24, 2008
In re Rothwell
Sanction imposed on inmate violated his constitutional rights where record shows he never possessed heroin-tainted postcard sent to him. 		Criminal Law and Procedure Jun. 24, 2008
People v. Sons
Defendant's double jeopardy claim need not be reviewed where issue was previously decided in trial court. 		Criminal Law and Procedure Jun. 23, 2008
Barnett v. Superior Court (People)
Penal Code Section 1054.9 addresses only pretrial discovery and is not invalid amendment to criminal discovery statute. 		Criminal Law and Procedure Jun. 23, 2008
People v. Wilkinson
Officers' search for sexual content in images not previously viewed by private citizen constitutes warrantless government search triggering Fourth Amendment. 		Criminal Law and Procedure Jun. 20, 2008
Alcala v. Superior Court (People)
Murders are deemed connected in their commission pursuant to Penal Code Section 790(b) where victims in different counties had similar traits. 		Criminal Law and Procedure Jun. 20, 2008
Indiana v. Edwards
States can require representation by counsel for those who are competent to stand trial but incapable of self-representation due to mental illness. 		Criminal Law and Procedure Jun. 20, 2008
U.S. v. Gonzalez
Where Border Patrol agent steals marijuana from stopped vehicle, he is deemed in possession of firearm 'in furtherance' of drug trafficking offense. 		Criminal Law and Procedure Jun. 20, 2008
People v. Harris
Defendant is guilty of first degree murder where daughter's preparation of donut order gives him time to deliberate and premeditate mother's stabbing. 		Criminal Law and Procedure Jun. 20, 2008
U.S. v. Caruto
Prosecutor's closing argument noting omissions from defendant's post-arrest statement violates due process where 'Miranda' rights had been invoked. 		Criminal Law and Procedure Jun. 19, 2008
In re White
Where statute of limitations period is extended before expiration of original statute, defendant's prosecution is deemed to have never been time barred. 		Criminal Law and Procedure Jun. 19, 2008
People v. Tidwell
Evidence Code Section 782 does not apply where defendant seeks to impeach victim with allegedly false complaints of rape, not sexual conduct. 		Criminal Law and Procedure Jun. 18, 2008
People v. Torres
Court errs in imposing more severe sentence on recall to correct illegal portion of defendant’s original sentence. 		Criminal Law and Procedure Jun. 18, 2008
People v. Rish
Defendant forfeits claim of error where he did not raise issue of his suitability for outpatient treatment at recommitment hearing. 		Criminal Law and Procedure Jun. 17, 2008
People v. Nelson
DNA testing provides strong new evidence of guilt that justifies prejudice from delay in charging defendant with 1976 crime. 		Criminal Law and Procedure Jun. 17, 2008
U.S. v. Marks
Defendant is not prejudiced even though he was not present when court entered restitution order past 90-day statutory period. 		Criminal Law and Procedure Jun. 16, 2008
Belmontes v. Ayers
Death sentence is set aside where counsel's deficient performance during penalty phase of trial prejudices defendant. 		Criminal Law and Procedure Jun. 16, 2008
People v. Zamudio
Evidence is not unlawfully obtained where totality of circumstances indicates defendant's consent to examination of shoes and clothing was voluntary. 		Criminal Law and Procedure Jun. 13, 2008
People v. Zamudio
Evidence is not unlawfully obtained where totality of circumstances indicates defendant's consent to examination of shoes and clothing was voluntary. 		Criminal Law and Procedure Jun. 13, 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 Jun. 13, 2008
Alcala v. Superior Court (People)
Murders are deemed connected in their commission pursuant to Penal Code Section 790(b) where victims in different counties had similar traits. 		Criminal Law and Procedure Jun. 13, 2008
Munaf v. Geren
Habeas statute extends to American citizens held overseas by American forces operating under American chain of command. 		Criminal Law and Procedure Jun. 13, 2008
Irizarry v. U.S.
Federal Rule of Criminal Procedure 32(h) does not apply where sentence is variance from recommended Sentencing Guidelines range and not Guidelines departure. 		Criminal Law and Procedure Jun. 13, 2008
Simpson v. Thomas
District court erred in admitting impeachment evidence of defendant's three prior felony convictions. 		Criminal Law and Procedure Jun. 12, 2008
People v. Ross
Arrestee who lies to booking officer by denying possession of knife 'voluntarily' enters jail with weapon, violating Penal Code Section 4574(a). 		Criminal Law and Procedure Jun. 12, 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 Jun. 11, 2008
Butler v. Curry
Where victim is hit on back of head, court finds jury will doubtfully find aggravating factor of victim's vulnerability for sentencing purposes. 		Criminal Law and Procedure Jun. 11, 2008
People v. Carrillo
Prosecution's refusal to procure special immigration visas for two exculpatory witnesses in Mexico does not violate defendant's constitutional rights. 		Criminal Law and Procedure Jun. 11, 2008
Uybungco v. Superior Court (San Diego Police Dept.)
Trial court erred in denying petitioner's motion for discovery of personnel files of police officers involved in his arrest on misdemeanor charges. 		Criminal Law and Procedure Jun. 11, 2008
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