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Name Category Published
People v. French
Imposition of upper term sentence violated defendant's Sixth Amendment right to jury trial. 		Criminal Law and Procedure Apr. 25, 2008
People v. Jacinto
Defendant's due process rights are not violated where sheriffs had no knowledge of materiality of testimony of witness deported before trial. 		Criminal Law and Procedure Apr. 25, 2008
Nicanor-Romero v. Mukasey
Penal Code Section 647.6(a), which does not consist of depraved act and evil intent, is not crime of moral turpitude. 		Criminal Law and Procedure Apr. 25, 2008
People v. Figueroa
Sentencing court correctly concludes that defendant's terms for aggravated sexual assaults run consecutively to each other under Penal Code. 		Criminal Law and Procedure Apr. 24, 2008
Virginia v. Moore
Police do not violate Fourth Amendment by performing search incident to arrest based on probable cause but prohibited by state law. 		Criminal Law and Procedure Apr. 24, 2008
People v. French
Imposition of upper term sentence violated defendant's Sixth Amendment right to jury trial. 		Criminal Law and Procedure Apr. 24, 2008
People v. Soukomlane
Corporal injury on spouse conviction is reversed where defendant was improperly shackled in presence of jury. 		Criminal Law and Procedure Apr. 24, 2008
People v. Selga
Imposition of criminal protective order issued to protect defendant's ex-girlfriend's current boyfriend is invalid. 		Criminal Law and Procedure Apr. 23, 2008
People v. Margarejo
Highland Park member who flashes gang signs to pedestrians while evading police during extended car chase merits gang enhancement. 		Criminal Law and Procedure Apr. 23, 2008
People v. Gemelli
Trial court properly accepts owner's statement in probation report regarding value of stolen or damaged property as prima facie evidence of loss. 		Criminal Law and Procedure Apr. 22, 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 Apr. 22, 2008
U.S. v. Arnold
Customs officials do not need reasonable suspicion to search laptop computer or other personal electronic storage devices at border. 		Criminal Law and Procedure Apr. 22, 2008
People v. Garcia
Trial court properly declined to instruct on involuntary manslaughter where defendant committed assault with deadly weapon, which is inherently dangerous. 		Criminal Law and Procedure Apr. 22, 2008
People v. Chavez
Motion to suppress is improperly granted where warrantless intrusion into defendant's side yard is justified by exigent circumstances. 		Criminal Law and Procedure Apr. 21, 2008
People v. Medrano
Court properly imposes upper term based on defendant's probationary status at time of his offense. 		Criminal Law and Procedure Apr. 21, 2008
Burgess v. U.S.
Term 'felony drug offense' in Controlled Substances Act is defined exclusively by 21 U.S.C. Section 802(44) and does not incorporate ‘felony’ definition. 		Criminal Law and Procedure Apr. 17, 2008
Begay v. U.S.
New Mexico's felony DUI offense is not 'violent felony' under Armed Career Criminal Act. 		Criminal Law and Procedure Apr. 17, 2008
In re Singler
Denial of parole must be overturned when significant time passes from commission of crime and there is evidence of inmate’s rehabilitation. 		Criminal Law and Procedure Apr. 17, 2008
People v. Dobson
Court is not required to independently review record in appeal from denial of outpatient status pursuant to petition for restoration of competency. 		Criminal Law and Procedure Apr. 17, 2008
U.S. v. Espinoza
Defendant is properly ordered removed under aggravated felony enhancement based on conviction of cultivating marijuana. 		Criminal Law and Procedure Apr. 16, 2008
U.S. v. Grissom
When calculating defendant's base offense level, courts must consider drug amounts from charges that are dismissed due to defendant's plea agreement. 		Criminal Law and Procedure Apr. 16, 2008
People v. Bragg
Attempted murder convictions of two Crip members support enhancement for predicate offenses committed for benefit of criminal street gang. 		Criminal Law and Procedure Apr. 16, 2008
In re Viray
No evidence supports Governor's conclusion that rehabilitated prisoner who stabbed man on dance floor 24 years ago is unsuitable for parole. 		Criminal Law and Procedure Apr. 16, 2008
People v. Mendez
Where defendant complained of adequacy of appointed counsel, prejudicial error necessitates 'Marsden' hearing on remand. 		Criminal Law and Procedure Apr. 15, 2008
U.S. v. Sun
Court abuses discretion in applying 'vulnerable victim' enhancement to defendant's sentence based solely on remote location of attack. 		Criminal Law and Procedure Apr. 15, 2008
U.S. v. Perdomo-Espana
Court denies requested jury instruction on necessity defense after analyzing diabetic alien's need for medical attention under objective framework. 		Criminal Law and Procedure Apr. 15, 2008
People v. Valencia
Defendant's death sentence is affirmed where evidence is sufficient to support his conviction of first degree murder. 		Criminal Law and Procedure Apr. 15, 2008
People v. Leon
Evidence is insufficient to show defendant aided and abetted crime as to which witness intimidation was natural and probable consequence. 		Criminal Law and Procedure Apr. 15, 2008
People v. Woods
Where defendant was convicted of being accessory after fact, not murder, he need not pay restitution to victim's family. 		Criminal Law and Procedure Apr. 15, 2008
Carvajal v. United States
Plaintiff entitled to accrued interest on currency that government wrongfully seized and returned 10 months later. 		Criminal Law and Procedure Apr. 14, 2008
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