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People v. Reyes
Error in admitting incriminating statement during trial is harmless beyond reasonable doubt due to overwhelming evidence of guilt.
Criminal Law and Procedure Feb. 18, 2008
Anderson v. Terhune
Suspect’s statement, ‘I plead the Fifth,’ during custodial interrogation is unequivocal assertion of his right to remain silent.
Criminal Law and Procedure Feb. 18, 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 Feb. 18, 2008
People v. Veale
Evidence is sufficient to support finding that defendant used duress in committing each count of lewd act upon child.
Criminal Law and Procedure Feb. 18, 2008
People v. McQueen
Trial court did not err by staying, rather than dismissing, sentence under habitual sexual offender law.
Criminal Law and Procedure Feb. 18, 2008
People v. Garcia
Judge's mistaken belief that defendant was required to subpoena prisoner witnesses constitutes harmless error.
Criminal Law and Procedure Feb. 18, 2008
People v. Ramirez
Defendant is estopped from arguing court exceeded jurisdiction where he consented to increased sentence as part of his plea.
Criminal Law and Procedure Feb. 13, 2008
U.S. v. Rosales
Wiretapped conversations in which defendant uses code for drug quantity sufficiently evidence intent to distribute 500 grams or more of cocaine.
Criminal Law and Procedure Feb. 13, 2008
Larson v. Palmateer
Trial court’s imposition of physical restraints on defendant violates his due process rights, but is harmless error.
Criminal Law and Procedure Feb. 13, 2008
People v. Calvin
Substantial evidence supports court's determination that jurors were not excused for racially discriminatory purpose.
Criminal Law and Procedure Feb. 12, 2008
People v. Chien
Defendant cannot set aside conviction based on counsel's failure to advise him that prior drug trafficking offense triggered deportation.
Criminal Law and Procedure Feb. 11, 2008
Harris v. Carter
Habeas petitioner's reliance on existing precedent equitably tolls statute of limitations while applications for post-conviction review are pending in state court.
Criminal Law and Procedure Feb. 11, 2008
Plasencia-Ayala v. Mukasey
Failure to register as sex offender under Nevada statute does not qualify as crime involving moral turpitude.
Criminal Law and Procedure Feb. 8, 2008
People v. Brasure
In death penalty case, defendant fails to show that unsequestered voir dire kept him from unraveling juror bias.
Criminal Law and Procedure Feb. 8, 2008
Campbell v. Superior Court (People)
Mental retardation hearing should be reopened to determine if mentor who confused students presented false testimony regarding death-eligible defendant.
Criminal Law and Procedure Feb. 7, 2008
Gonzalez v. Knowles
Representation by attorney who does not follow defense strategy of defendant's chosen counsel does not prejudice uncle who allegedly molested brother's children.
Criminal Law and Procedure Feb. 7, 2008
In re Rozzo
Habeas writ is denied where murder of unresisting victim was particularly heinous, atrocious and cruel.
Criminal Law and Procedure Feb. 6, 2008
People v. Mejia
Trial court must hold 'Marsden' hearing after defendant personally instructs counsel to move for new trial based on his conduct at trial.
Criminal Law and Procedure Feb. 6, 2008
Good v. Superior Court (People)
Misdemeanant required to register as sex offender must submit to DNA sample under Proposition 69.
Criminal Law and Procedure Feb. 5, 2008
U.S. v. Jennings
Where defendant's arrest is valid under state law based on probable cause, evidence obtained incident to search is admissible.
Criminal Law and Procedure Feb. 5, 2008
People v. Howard
Prosecutor’s notice of intent to introduce certain aggravating evidence before penalty phase but after jury selection is not constitutionally infirm.
Criminal Law and Procedure Feb. 5, 2008
In re J.G.
Prisoner serving life sentences outside California under Federal Witness Protection Program has right to appear personally at parole board hearing.
Criminal Law and Procedure Feb. 5, 2008
People v. McDaniel
Defendant is denied due process where he is shackled during trial without finding of cause.
Criminal Law and Procedure Feb. 4, 2008
In re Crockett
California trial court lacks jurisdiction to convict juvenile sex offender adjudicated in Texas of failure to register as sex offender in California.
Criminal Law and Procedure Feb. 4, 2008
Campbell v. Superior Court (People)
Mental retardation hearing should be reopened to determine if mentor who confused students presented false testimony regarding death-eligible defendant.
Criminal Law and Procedure Feb. 1, 2008
People v. Nicholls
Defendant bears burden of showing that matter omitted from affidavit were material to determination of probable cause.
Criminal Law and Procedure Feb. 1, 2008
People v. Seminoff
Witness’s refusal to answer questions on her version of events leading to discovery of contraband is sufficient basis for court to strike her testimony.
Criminal Law and Procedure Jan. 31, 2008
People v. Batman
DNA penalty assessment is punitive ex post facto law with respect to offenses prior to its effective date.
Criminal Law and Procedure Jan. 31, 2008
People v. Paredes
Disqualification of public defender was abuse of trial court's discretion and violated defendant's right to counsel under state constitution.
Criminal Law and Procedure Jan. 30, 2008
Hess v. Board of Parole and Post-Prison Supervision
Oregon statute allowing parole board to postpone parole release date is neither facially vague nor vague as applied to defendant.
Criminal Law and Procedure Jan. 30, 2008