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Name Category Published
People v. Kelly
Health and Safety Code Section capping reasonable amount of marijuana patient may have unconstitutionally amends Compassionate Use Act without voters' approval.
Criminal Law and Procedure May 27, 2008
People v. Sandoval
Motion to suppress evidence should be granted where patdown search of defendant was unlawfully performed.
Criminal Law and Procedure May 27, 2008
People v. Soria
Restitution and matching parole revocation fines are capped at $10,000 where three cases are consolidated into one under plea bargain at hearing.
Criminal Law and Procedure May 27, 2008
People v. Barrios
Prosecution need not prove defendant's specific intent to carry out threat to harm defense attorney when released from custody.
Criminal Law and Procedure May 27, 2008
U.S. v. Fernandez
Evidence obtained from authorized wiretap should not be suppressed where government continued to intercept individual's conversations despite his adoption of new alias.
Criminal Law and Procedure May 27, 2008
People v. Superior Court (Meraz)
Trial Court's dismissal of special circumstance allegation as sanction for discovery violations is deemed improper under 'Brady v. Maryland'.
Criminal Law and Procedure May 23, 2008
People v. Richardson
Defendant's death sentence is affirmed after jury convicts him of felony murder.
Criminal Law and Procedure May 23, 2008
Richardson v. Superior Court (People)
Denial of petitioner's motion for DNA testing is warranted where other evidence of guilt exists and further tests would not change outcome.
Criminal Law and Procedure May 23, 2008
People v. Golde
Defendant's conviction for assault with deadly weapon is maintained where witnesses provide substantial evidence of defendant driving toward victim.
Criminal Law and Procedure May 23, 2008
U.S. v. Vasquez-Landaver
Evidence on duress defense is precluded where defendant fails to show he illegally crossed border under threat of immediate harm.
Criminal Law and Procedure May 22, 2008
People v. Uribe
Prosecution's nondisclosure of video taken during medical examination of victim constitutes prejudicial 'Brady' error.
Criminal Law and Procedure May 21, 2008
People v. Wardell
Felony false imprisonment conviction and firearm enhancement are maintained where defendant holds gun pointed to floor while following victim.
Criminal Law and Procedure May 21, 2008
U.S. v. Ressam
Respondent's conduct falls within 18 U.S.C. Section 844(h)(2) where he was carrying explosives when he made false statements to customs official.
Criminal Law and Procedure May 20, 2008
U.S. v. Rodriguez
Based on applicable state recidivist provision, maximum term of imprisonment prescribed by law for state drug convictions is 10 years.
Criminal Law and Procedure May 20, 2008
U.S. v. Dallman
Defendant's sentence is upheld where district court's calculation of Guidelines range is based on coconspirator's liability for involvement in joint criminal activity.
Criminal Law and Procedure May 20, 2008
In re Saade
Habeas petition is improperly granted where 'Cunningham v. California' does not apply retroactively to defendant's conviction.
Criminal Law and Procedure May 19, 2008
Kruse v. Superior Court (People)
Information filed by prosecution must be dismissed where good cause is not shown for delay in reconvening preliminary hearing.
Criminal Law and Procedure May 19, 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 May 19, 2008
U.S. v. Perez
Person on supervised release has right to cross-examine technician who handled sample where urinalysis is only evidence offered to prove guilt.
Criminal Law and Procedure May 19, 2008
People v. Rundle
Death sentence is affirmed where defendant fails to show court is unable to proceed with meaningful appellate review of jury instructions.
Criminal Law and Procedure May 16, 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 May 16, 2008
U.S. v. W.R. Grace
Court overrules holding in 'U.S. v. Loud Hawk' loosening conditions on government's right to interlocutory appeals on evidentiary rulings
Criminal Law and Procedure May 16, 2008
U.S. v. Crandall
Convictions are affirmed in mail fraud case where defendants' proposed 'intent to defraud' jury instruction was not supported by law.
Criminal Law and Procedure May 15, 2008
Correll v. Ryan
Defendant has right to new penalty phase trial where his attorney failed to present mitigating evidence.
Criminal Law and Procedure May 15, 2008
People v. Johnson
Extended commitment of defendant determined to be sexually violent predator day before scheduled release date is constitutional.
Criminal Law and Procedure May 15, 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 May 14, 2008
Gonzalez v. United States
Under Federal Magistrates Act, express consent by counsel is sufficient to allow magistrate judge to preside over jury selection in felony trial.
Criminal Law and Procedure May 13, 2008
Woods v. Carey
District court should have construed petitioner's second pro se habeas petition as motion to amend his pending habeas petition.
Criminal Law and Procedure May 13, 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 May 13, 2008
Miller v. Blacketter
Denial of motion to withdraw counsel and postpone trial did not exceed trial judge's discretion to balance fairness and scheduling.
Criminal Law and Procedure May 13, 2008