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People v. Ramos
Where jury instructions are deemed adequate, defendant's conviction of second degree murder is affirmed.
Criminal Law and Procedure Jun. 11, 2008
People v. Manchel
Defendant fails to show that mandatory sex offender registration for his offense denies him equal protection.
Criminal Law and Procedure Jun. 11, 2008
People v. Coulter
In accepting guilty plea, trial court may put issue of factual basis for plea over to sentencing hearing.
Criminal Law and Procedure Jun. 11, 2008
People v. Zarazua
Enhancements upheld after defendants challenge sufficiency of causal connection between shooting and death of three-year-old accident victim.
Criminal Law and Procedure Jun. 11, 2008
People v. Bordelon
Defendant argues that jury instruction deprived him of right to present defense that he took money in hopes of being incarcerated.
Criminal Law and Procedure Jun. 11, 2008
U.S. v. Santos
District court does not err in using full face value of stolen checks to calculate participant's intended loss in counterfeiting scheme.
Criminal Law and Procedure Jun. 9, 2008
People v. Laborde
Search of passenger's cabin on cruise ship after completion of foreign cruise is routine border search that does not require reasonable suspicion.
Criminal Law and Procedure Jun. 6, 2008
People v. Najera
Trial court had no duty to provide jury instruction on its own motion regarding defendant's possession of recently stolen property.
Criminal Law and Procedure Jun. 6, 2008
People v. Jackson
Trial court properly admitted DNA evidence obtained with 'Identifiler' test kit even though there was no hearing to determine scientific acceptance.
Criminal Law and Procedure Jun. 6, 2008
Cinquegrani v. Dept. of Motor Vehicles
Dept. of Motor Vehicles may not automatically suspend driver's licenses of individuals convicted of 'boating under the influence.'
Criminal Law and Procedure Jun. 5, 2008
People v. Bautista
Unpaid pastor who fraudulently represents 'professional purpose' is properly convicted of sexual penetration of teenage victim who is 'unconscious' of act's nature.
Criminal Law and Procedure Jun. 5, 2008
U.S. v. Cope
Although court deems term of lifetime supervised release reasonable, conditions imposing treatment and medication infringe on liberty without articulation of findings.
Criminal Law and Procedure Jun. 5, 2008
Delgadillo v. Woodford
Rule of non-retroactivity for federal habeas proceedings is not binding on state habeas courts.
Criminal Law and Procedure Jun. 4, 2008
People v. Mauch
Health and Safety Code Section 11358 does not allow reduction of felony marijuana cultivation offense to misdemeanor without authorization of alternate punishments.
Criminal Law and Procedure Jun. 4, 2008
People v. Treadway
In DUI case, 10-year look-back rule covering 1997 offense does not constitute ex post facto law.
Criminal Law and Procedure Jun. 4, 2008
Cuellar v. U.S.
Conviction on money laundering charge is overturned where defendant merely hides proceeds of unlawful activity inside his vehicle.
Criminal Law and Procedure Jun. 2, 2008
U.S. v. Santos
Defendant is not guilty under federal money-laundering statute where he laundered receipt of payments, not criminal profits.
Criminal Law and Procedure Jun. 2, 2008
U.S. v. Rivera
In drug trafficking conspiracy case, government establishes necessity of wiretap on two cell phones.
Criminal Law and Procedure Jun. 2, 2008
People v. Gonzalez
After court imposes punishment for firearm enhancement with longest term of imprisonment, remaining enhancements must be imposed and stayed.
Criminal Law and Procedure Jun. 2, 2008
Verdin v. Superior Court (People)
Trial court's order requiring defendant's submission to psychiatric exam by expert procured by prosecution is deemed unauthorized by any statute.
Criminal Law and Procedure Jun. 2, 2008
U.S. v. Giberson
Police officers were authorized to seize computer where they had reasonable belief it contained items enumerated in search warrant.
Criminal Law and Procedure Jun. 1, 2008
U.S. v. Hinkson
Denial of motion for new trial based on newly discovered evidence is deemed improper where witness wears fake Purple Heart on stand.
Criminal Law and Procedure Jun. 1, 2008
People v. Masotti
Trial court lacks jurisdiction to grant new trial for instructional error where defendant's motion is based solely on insufficient evidence.
Criminal Law and Procedure May 29, 2008
People v. Riffey
Amendments requiring sexually violent predators be committed for undetermined periods is not retroactive application of law and does not violate due process.
Criminal Law and Procedure May 29, 2008
U.S. v. Marler
Escape offense and subsequent robbery conspiracy and firearm possession charges are deemed unrelated for purposes of calculating criminal history score.
Criminal Law and Procedure May 29, 2008
People v. Delgado
Abstract of judgment describing defendant's prior serious felony conviction as "Asslt w DWpn" is upheld as reliable for purposes of enhancing sentence.
Criminal Law and Procedure May 29, 2008
People v. Miles
Evidence strongly supports inference that defendant's 1976 conviction is serious felony, enhancing his sentence under 'Three Strikes' law.
Criminal Law and Procedure May 29, 2008
U.S. v. Santana
Four-month delay in pre-revocation incarceration did not violate defendant's due process or federal criminal procedure rights.
Criminal Law and Procedure May 28, 2008
People v. Jackson
Trial court properly admitted DNA evidence obtained with 'Identifiler' test kit even though there was no hearing to determine scientific acceptance.
Criminal Law and Procedure May 28, 2008
People v. New
Prejudice suffered from delay in accusing defendant of 1973 shooting murder of wife does not result in unfair trial.
Criminal Law and Procedure May 28, 2008