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Name Category Published
U.S. v. Sullivan
Evidence is sufficient to establish scheme to defraud where defendants, instead of paying creditors, used clients’ funds for their own use.
Criminal Law and Procedure Apr. 14, 2008
People v. Gomez
Robbery continues until person reaches place of safety and thus includes person's attempt to use force or fear in escaping with property.
Criminal Law and Procedure Apr. 11, 2008
People v. Tolliver
Drug trafficker does not have legitimate privacy interest in seized car because he disassociated himself from car for others to take blame.
Criminal Law and Procedure Apr. 11, 2008
People v. Navarro
Defendant's appeal is dismissed for failure to secure certificate of probable cause.
Criminal Law and Procedure Apr. 10, 2008
People v. Garelick
Jury may consider uncharged acts relating to defendant's possession of child pornography without preliminary finding of specific intent to commit crime.
Criminal Law and Procedure Apr. 10, 2008
Richter v. Hickman
Defense counsel's failure to present experts to contradict state's serology evidence does not prejudice joint defendants in felony murder case.
Criminal Law and Procedure Apr. 10, 2008
People v. Lessie
Trial court did not err in denying juvenile's motion to suppress his pretrial admissions made during interviews with police.
Criminal Law and Procedure Apr. 9, 2008
People v. Correa
Defendant is properly convicted of seven firearm possession counts where he possessed multiple weapons which could be used to accomplish different objectives.
Criminal Law and Procedure Apr. 8, 2008
People v. Pitto
Arming enhancement under Penal Code Section 12022 is proper where gun is found near drugs inside defendant's vehicle.
Criminal Law and Procedure Apr. 8, 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. 8, 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 Apr. 4, 2008
People v. Szadziewicz
Victim’s testimony that defendant repeatedly slashed his face while holding him down provided substantial evidence supporting aggravated mayhem conviction.
Criminal Law and Procedure Apr. 3, 2008
People v. Martinez
Conviction for forging victim's signature is vacated where defendant's falsification of two signatures on single deed constituted only one count of forgery.
Criminal Law and Procedure Apr. 3, 2008
Osborne v. District Attorney's Office for the Third Judicial District
Defendant has limited due process right of access to biological evidence for purposes of post-conviction DNA testing.
Criminal Law and Procedure Apr. 3, 2008
People v. Williams
Jury instruction on uncharged conspiracy to sell cocaine base is constitutional.
Criminal Law and Procedure Apr. 2, 2008
U.S. v. Smith
Jury instruction on prison-made knife does not relieve government of burden to prove inmate used 'dangerous weapon' beyond reasonable doubt.
Criminal Law and Procedure Apr. 1, 2008
People v. Garcia
On equal protection grounds, those convicted of oral copulation with 14-year-old under Penal Code Section 288(a)(b)(2) are subject to discretionary registration.
Criminal Law and Procedure Mar. 31, 2008
People v. Smith
Collateral estoppel bars relitigation of driver's impairment after first jury acquits defendant of per se DUI.
Criminal Law and Procedure Mar. 31, 2008
U.S. v. Crawford
Caselaw stating that crack/powder disparity in cocaine offenses produces disproportionately harsh sanctions does not help defendant's case.
Criminal Law and Procedure Mar. 31, 2008
People v. Pruitt
Defendant is not entitled to presentence custody credit when credit he seeks is based on receipt of stolen property, not present offense of first degree burglary.
Criminal Law and Procedure Mar. 31, 2008
People v. Sutton
Defendant is prejudiced by six-day delay in commencement of trial caused by conflict with co-defendant's counsel.
Criminal Law and Procedure Mar. 28, 2008
Harvest v. Castro
District court only has authority to modify conditional writ of habeas corpus pursuant to Rule 60 of Rules of Civil Procedure.
Criminal Law and Procedure Mar. 28, 2008
People v. French
Imposition of upper term sentence violated defendant's Sixth Amendment right to jury trial.
Criminal Law and Procedure Mar. 28, 2008
People v. Wilson
Two prospective jurors, supporting death penalty, were properly not dismissed for cause upon stating they would consider evidence before deciding on death penalty.
Criminal Law and Procedure Mar. 28, 2008
In re Bush
Prisoner serving indeterminate life sentence is not entitled to discharge from parole based on time served in excess of base term.
Criminal Law and Procedure Mar. 27, 2008
People v. Lee
Upon 'Romero' motion, sentencing court is under no duty to gather evidence regarding defendant's background when defendant did not provide such evidence.
Criminal Law and Procedure Mar. 27, 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 Mar. 27, 2008
In re Burdan
Habeas petition is granted where Governor's reversal of petitioner's grant of parole is not supported by record.
Criminal Law and Procedure Mar. 26, 2008
People v. Tatum
District Attorney's inexcusable delay in filing petition violates mentally disordered offender's due process rights by extending his commitment beyond release date.
Criminal Law and Procedure Mar. 26, 2008
People v. Keil
Court properly ordered guns to be confiscated by police where appellant was psychiatrically detained and would not possess guns in safe manner.
Criminal Law and Procedure Mar. 26, 2008