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Name Category Published
People v. Abercrombie
Imposition of upper term sentence does not violate convicted child molestor's Sixth Amendment rights under 'Cunningham v. California.' 		Criminal Law and Procedure Mar. 26, 2008
Whaley v. Belleque
Judicial estoppel bars state from taking different legal positions in state and federal court in order to create procedural default. 		Criminal Law and Procedure Mar. 26, 2008
People v. Miranda
Corpus delicti rule permits enhanced penalty for transportation of controlled substance between noncontiguous counties to be proved by defendant's statements alone. 		Criminal Law and Procedure Mar. 26, 2008
Medellin v. Texas
Neither 'Avena' nor memorandum issued by President constitutes directly enforceable federal law pre-empting state rules concerning successive habeas petitions. 		Criminal Law and Procedure Mar. 26, 2008
U.S. v. Anderson
Courts may order defendant, who has violated terms of supervised release multiple times, to term not exceeding original term of supervised release. 		Criminal Law and Procedure Mar. 26, 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 Mar. 26, 2008
U.S. v. Carty
Courts must use sentencing guidelines as starting point, and consider 18 U.S.C. Section 3553(a) factors to determine if courts support suggested sentence. 		Criminal Law and Procedure Mar. 25, 2008
In re Lawley
Habeas corpus petitioner fails to establish actual innocence even though killer's declaration states petitioner was not involved in murder. 		Criminal Law and Procedure Mar. 25, 2008
In re Smith
Commitment proceedings cannot continue against sexually violent predator whose current custody is based on conviction that is later reversed. 		Criminal Law and Procedure Mar. 25, 2008
People v. McKee
Under amended act, defendant's due process rights were not violated when he was civilly committed because he was ‘dangerous’ and mentally ill. 		Criminal Law and Procedure Mar. 24, 2008
People v. Gay
Based on 'People v. Terry,' court erred when it barred defendant from offering mitigating evidence concerning circumstances of murder during penalty trial. 		Criminal Law and Procedure Mar. 21, 2008
U.S. v. Davenport
Under 'Blockburger' test, offense of possessing child pornography is lesser included offense of receipt of child pornography. 		Criminal Law and Procedure Mar. 21, 2008
Harrison v. Ollison
Arsonist who stipulated to federal interstate commerce element does not qualify for 'escape hatch' permitting habeas petition under 28 U.S.C. Section 2241. 		Criminal Law and Procedure Mar. 21, 2008
U.S. v. Gianelli
Mail fraud defendant waives his ability to appeal amount of restitution ordered in 1987 judgment by failing to file direct appeal. 		Criminal Law and Procedure Mar. 21, 2008
People v. Concha
Substantial evidence supports defendants' murder convictions under 'provocative act theory' where victim kills accomplice in self defense. 		Criminal Law and Procedure Mar. 20, 2008
Synder v. Louisiana
Trial judge committed clear error in rejecting petitioner's claim that prosecution's peremptory strikes of certain prospective jurors were based on race. 		Criminal Law and Procedure Mar. 20, 2008
Rendon v. Mukasey
State felony conviction for possession with intent to sell controlled substance contains trafficking element and qualifies as aggravated felony under immigration laws. 		Criminal Law and Procedure Mar. 20, 2008
U.S. v. Davis
Where appellate court limits scope of remand, lower court lacks authority to reexamine other sentencing issues. 		Criminal Law and Procedure Mar. 20, 2008
U.S. v. Soto
In drug case where defendant did not testify, court's failure to give 'no adverse inference' instruction is harmless beyond a reasonable doubt. 		Criminal Law and Procedure Mar. 20, 2008
People v. Walz
Court exceeds jurisdiction by imposing sex offender fine of less than prescribed amount for defendant's first qualifying conviction. 		Criminal Law and Procedure Mar. 18, 2008
U.S. v. Holland
Judge reasonably construes defendant's threatening phone messages as attempts to manipulate court system not warranting district court's recusal. 		Criminal Law and Procedure Mar. 18, 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 Mar. 13, 2008
People v. Earp
Court violates constitutional rights of defendant wishing to withdraw plea by hearing public defender's request for reappointment without alternate counsel present. 		Criminal Law and Procedure Mar. 13, 2008
People v. Clemons
Court's refusal to allow defendant to plead not guilty by reason of insanity, where evidence to supports his choice, is reversible error. 		Criminal Law and Procedure Mar. 13, 2008
People v. Rolon
Parents have duty to take reasonable steps to shield children from attack, and may be held criminally liable for failing to protect. 		Criminal Law and Procedure Mar. 12, 2008
U.S. v. Crampton
Possession of sawed-off shotgun and three prior drug convictions are predicate offenses of 'sufficient seriousness' to impose harsher penalties under ACCA. 		Criminal Law and Procedure Mar. 11, 2008
U.S. v. Rodriguez
Incriminating statements are inadmissible where suspect's ambiguous assertion of 'Miranda' rights imposes duty on officers to clarify statement before further questioning. 		Criminal Law and Procedure Mar. 11, 2008
People v. McGowan
CALCRIM No. 362 is proper jury instruction where evidence which may be considered by jury is not enough to prove guilt. 		Criminal Law and Procedure Mar. 11, 2008
People v. Chavez
Defendant acquitted as to certain crimes by reason of insanity must first be committed to state hospital before prison. 		Criminal Law and Procedure Mar. 6, 2008
People v. Stone
Defendant's conviction on attempted murder count must be reversed where court incorrectly instructed jury on 'kill zone' instruction of attempted murder. 		Criminal Law and Procedure Mar. 6, 2008
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