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Name Category Published
Haraguchi v. Superior Court (People)
No evidence of disqualifying conflict exists requiring recusal where prosecutor published novel while petitioner's trial was pending.
Criminal Law and Procedure May 13, 2008
People v. Superior Court (Humberto S.)
Order recusing prosecutors is vacated where there was no actual representation of third party interests.
Criminal Law and Procedure May 13, 2008
Hollywood v. Superior Court (People)
Recusal is not necessary where prosecutor's assistance in making of movie did not deprive defendant of right to fair trial.
Criminal Law and Procedure May 13, 2008
People v. Gemmill
Limited warrantless search of home is allowed in light of unresponsive occupants and absence of information to dispel suspicions of injury.
Criminal Law and Procedure May 12, 2008
People v. Varghese
Court did not err in refusing to allow defendant to conduct confidential DNA testing on bloodstain found at murder scene.
Criminal Law and Procedure May 9, 2008
U.S. v. Mendoza
Defendant's speedy-trial right is violated where eight-year delay between indictment and arrest is result of government's negligence.
Criminal Law and Procedure May 9, 2008
U.S. v. Pete
Time when certiorari petitions in interlocutory appeal are pending is excludable from Speedy Trial Act's requirements.
Criminal Law and Procedure May 9, 2008
People v. Watson
Defendant is properly sentenced to death where evidence proves he fatally shot two people in gang-related shooting.
Criminal Law and Procedure May 9, 2008
People v. Gemmill
Limited warrantless search of home is allowed in light of unresponsive occupants and absence of information to dispel suspicions of injury.
Criminal Law and Procedure May 7, 2008
Torres v. City of Madera
Arrestee mistakenly shot by officer's pistol instead of stun gun is deemed 'seized' within meaning of Fourth Amendment.
Criminal Law and Procedure May 6, 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 May 6, 2008
In re Miranda
Petitioner demonstrates he is entitled to habeas corpus relief due to prosecution's misconduct.
Criminal Law and Procedure May 6, 2008
People v. Williams
Failure to instruct jury that witness was accomplice is harmless where evidence does not establish intent to further defendant's criminal purpose.
Criminal Law and Procedure May 6, 2008
People v. Albillar
Convictions are proper where defendants impliedly consented to reseating of juror as alternative remedy for 'Wheeler-Batson' violation.
Criminal Law and Procedure May 6, 2008
Pinholster v. Ayers
District court correctly denies defendant's request for evidentiary hearing based on ineffective assistance of counsel.
Criminal Law and Procedure May 5, 2008
People v. Mohammed
Conviction for failure to appear while on recognizance is reversed where defendant never signed release agreement proving she was out on bail.
Criminal Law and Procedure May 5, 2008
People v. Kelly
Defendant received fair ‘Wheeler/Batson’ hearing where prosecutor substantiated her reasons for dismissing prospective jurors.
Criminal Law and Procedure May 2, 2008
U.S. v. Tapia-Romero
In determining appropriate term of imprisonment, sentencing judge cannot consider cost of imprisonment to society as factor under 18 U.S.C. Section 3553(a).
Criminal Law and Procedure May 2, 2008
Mendez v. Superior Court (People)
Trial court may consider information not presented at Section 1050 hearing in ruling on motion to dismiss case under Section 1382.
Criminal Law and Procedure May 1, 2008
People v. Semien
Conviction is proper in case where defendant claims prosecutor excused prospective juror based on race.
Criminal Law and Procedure May 1, 2008
People v. Eddards
Penal Code Section 1203.1 does not authorize addition of 10 percent administration fee to restitution fund payment.
Criminal Law and Procedure May 1, 2008
U.S. v. Stoterau
District court did not abuse discretion in sentencing defendant to 151-month term of imprisonment for transporting child pornography.
Criminal Law and Procedure Apr. 30, 2008
Gregory v. County of Maui
Police officers attempting to restrain individual did not use excessive force in violation of Fourth Amendment.
Criminal Law and Procedure Apr. 30, 2008
Choe v. Torres
Pursuant to extradition treaty, person is extraditable to Korea where Korean and American laws for charged offenses are directed to same evil.
Criminal Law and Procedure Apr. 30, 2008
U.S. v. Medina
District court properly dismisses indictment without prejudice after determining excessive pretrial delays violated Speedy Trial Act.
Criminal Law and Procedure Apr. 30, 2008
U.S. v. De Oca
Defendant's prior conviction of first degree residential burglary is 'crime of violence' justifying sentencing enhancement.
Criminal Law and Procedure Apr. 29, 2008
U.S. v. Mara
District court may consider criminal activity unrelated to conviction offense in denying defendant sentence reduction for acceptance of responsibility.
Criminal Law and Procedure Apr. 29, 2008
People v. Lewis
Court vacates lying-in-wait special circumstance findings and reverses six kidnapping convictions of defendant who engaged in 1991 crime spree.
Criminal Law and Procedure Apr. 29, 2008
People v. Keshishian
Trial court properly denies request to discharge counsel retained by defendant charged with murder, vehicular manslaughter, and leaving accident scene.
Criminal Law and Procedure Apr. 28, 2008
People v. Litmon
In case involving Sexually Violent Predator commitment, trial must take place before defendant's potential commitment term.
Criminal Law and Procedure Apr. 25, 2008