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Name Category Published
People v. Alanis
Trial court lacks jurisdiction to recall defendant's sentence, vacate initial judgment, and enter second judgment while appeal from first judgment is pending. 		Criminal Law and Procedure Jan. 17, 2008
U.S. v. Castaneda
Defendant's sentence must be vacated and remanded to determine whether 'crack/powder' disparity produced 'greater than necessary' penalty. 		Criminal Law and Procedure Jan. 16, 2008
U.S. v. Ross
Failure to issue advisement on reasonable doubt standard of proof during plea colloquy is harmless error where defendant was aware this standard applied. 		Criminal Law and Procedure Jan. 15, 2008
U.S. v. Calvert
Even if there are no pending proceedings, enhancement for obstructing administration of justice is properly applied to defendant convicted of retaliating against witness. 		Criminal Law and Procedure Jan. 15, 2008
Levin v. United Airlines
Angry passenger's remark about bomb in luggage provides probable cause to arrest for making false bomb report, even if not taken seriously. 		Criminal Law and Procedure Jan. 15, 2008
Levin v. United Airlines
Angry passenger's remark about bomb in luggage provides probable cause to arrest for making false bomb report, even if not taken seriously. 		Criminal Law and Procedure Jan. 14, 2008
People v. Hua
Where marijuana possession is nonjailable offense, officers who see individuals smoking it may not make warrantless entry of residence to seize offenders. 		Criminal Law and Procedure Jan. 14, 2008
U.S. v. Thornton
Sentence for fundraiser who swindled money from 'kidney research' and 'top secret mission' would not have been 'materially different' under advisory guidelines. 		Criminal Law and Procedure Jan. 11, 2008
People v. Matye
Abuse of dependent adult conviction is proper where son inflicted injury upon mother who had suffered massive stroke. 		Criminal Law and Procedure Jan. 11, 2008
U.S. v. Calderon-Segura
Documentary evidence proving facts and dates of alien’s prior removal and felony conviction are sufficient to render alien eligible for enhanced statutory maximum. 		Criminal Law and Procedure Jan. 10, 2008
U.S. v. Tulaner
Defendant receives offense level increase for full 'intended loss' of scheme to purchase 12 sputtering discs, even if he only obtained four. 		Criminal Law and Procedure Jan. 10, 2008
People v. Jefferson
Fifth Amendment does not bar taped exchange between drive-by shooters who mistakenly identified victim as rival gang member by Van Halen tattoo. 		Criminal Law and Procedure Jan. 9, 2008
People v. Oglesby
Court need not suspend criminal proceedings to conduct second competency hearing unless substantial change of circumstances or new evidence is presented. 		Criminal Law and Procedure Jan. 9, 2008
People v. Anaya
Guardian who embezzled money from elderly is not entitled to presentence custody credit for time spent electronically monitored while released on bail. 		Criminal Law and Procedure Jan. 9, 2008
People v. Curry
Court’s erroneous failure to permit jury to find aggravating factors is harmless where jury doubtlessly would have found such factors true. 		Criminal Law and Procedure Jan. 9, 2008
In re Pope
'In re Phelon' is incorrectly decided where it fails to recognize that Penal Code Section 2933 constitutes legislatively enacted exception to Section 654. 		Criminal Law and Procedure Jan. 9, 2008
California Highway Patrol v. Superior Court (Quigley)
Continuous violations of helmet law show 'persistent neglect' and do not constitute correctable offenses requiring issuance of 'fix-it' tickets. 		Criminal Law and Procedure Jan. 8, 2008
U.S. v. Forrester
In case where defendant used Internet to help run Ecstasy lab, computer surveillance by government does not constitute search under Fourth Amendment. 		Criminal Law and Procedure Jan. 8, 2008
People v. McFearson
Court may not use fact of defendant’s prior convictions to impose aggravated sentence and enhance his sentence. 		Criminal Law and Procedure Jan. 8, 2008
Kennedy v. Louisiana
Capitol punishment for child rape is unconstitutional. 		Criminal Law and Procedure Jan. 8, 2008
People v. Lawrence
Deprivation of counsel at critical stage of criminal trial is constitutional error affecting trial process, requiring reversal. 		Criminal Law and Procedure Jan. 4, 2008
People v. Sudar
Failure to instruct jury that prosecution must prove defendant’s inability to control his behavior in order to extend his commitment is harmless error. 		Criminal Law and Procedure Jan. 4, 2008
Hayward v. Marshall
Governor's reversal of parole is not supported by evidence that prisoner's release would threaten public safety thus violates prisoner's due process rights. 		Criminal Law and Procedure Jan. 4, 2008
Saleh v. Fleming
Phone conversation with police investigators initiated by suspect in jail for unrelated offense did not constitute 'custodial interrogation' under <EM>Miranda</EM>. 		Criminal Law and Procedure Jan. 4, 2008
People v. Gray
Under facts of this case, court's instruction charging jury with determining whether witness' past conviction was crime of moral turpitude is harmless error. 		Criminal Law and Procedure Jan. 3, 2008
Davis v. Silva
Prisoner properly exhausts habeas claim by 'fairly presenting' alleged due process violation in hearing to revoke good-time credit. 		Criminal Law and Procedure Jan. 3, 2008
People v. Anaya
Guardian who embezzled money from elderly is not entitled to presentence custody credit for time spent electronically monitored while released on bail. 		Criminal Law and Procedure Jan. 2, 2008
Williams v. Alamedia
Order 		Criminal Law and Procedure Dec. 31, 2007
Smith v. Baldwin
Despite co-defendant's recantation, murderer who fails to show actual innocence or cause and prejudice cannot overcome procedurally defaulted habeas claims. 		Criminal Law and Procedure Dec. 28, 2007
People v. Flores
Imposition of consecutive terms does not violate defendant's Sixth Amendment rights because there is no requirement that court find aggravating circumstances. 		Criminal Law and Procedure Dec. 28, 2007
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