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Name Category Published
People v. Morgan
In death penalty case, simple kidnapping conviction is reversed where no guidance was provided to jury on 'substantial distance'. 		Criminal Law and Procedure Nov. 15, 2007
People v. Young
Trial court may reopen closing arguments in effort to break jury deadlock. 		Criminal Law and Procedure Nov. 14, 2007
People v. Lopez
Trial court did not err in admitting prior act evidence even though act did not result in conviction of sexual offense. 		Criminal Law and Procedure Nov. 14, 2007
People v. Garry
Drug evidence seized from defendant whom officer bathes in police light and rushes toward with questions must be suppressed. 		Criminal Law and Procedure Nov. 13, 2007
People v. Hebert
In drug case, enhanced punishment for failure to appear is not proper where it was not part of plea bargain. 		Criminal Law and Procedure Nov. 13, 2007
People v. Ibarra
Defendant unsuccessfully challenges jury instructions' addition of emotional distress element to assault and failure to define causation of 'credible threat' in stalking. 		Criminal Law and Procedure Nov. 13, 2007
Commission on Judicial Performance v. Superior Court (Davidson)
Commission on Judicial Performance's records are not subject to discovery by means of 'Pitchess' motion. 		Criminal Law and Procedure Nov. 12, 2007
People v. Presley
California’s public notification requirements for sex offender registrants are not punitive. 		Criminal Law and Procedure Nov. 11, 2007
People v. Forrester
Amended statute extending maximum period in which to use prior DUI conviction for enhanced punishment does not violate ex post facto clause. 		Criminal Law and Procedure Nov. 11, 2007
People v. Dillon
Transaction between owner and third party is necessary to sustain conviction for making property available for manufacturing, storing, or distributing controlled substance. 		Criminal Law and Procedure Nov. 11, 2007
In re Montgomery
Habeas corpus is properly granted in case where petitioner was accomplice to murder, not actual shooter. 		Criminal Law and Procedure Nov. 8, 2007
People v. Thomas
Jury is properly charged with determining whether purse-snatching constituted grand theft or robbery based on amount of force employed. 		Criminal Law and Procedure Nov. 8, 2007
U.S. v. Gamboa-Cardenas
Safety valve relief does not apply to convictions for conspiracy and possession of cocaine on board vessel with intent to distribute. 		Criminal Law and Procedure Nov. 8, 2007
People v. Williams
Trial court had jurisdiction to recalculate defendant's sentence following revocation of probation, and 120-day time limit under Penal Code Section 1170(d) is inapplicable. 		Criminal Law and Procedure Nov. 7, 2007
People v. Kortesmaki
Commitment order is upheld where mentally disordered offender's possession of flammable materials involves implied, but not actual, use of force or violence. 		Criminal Law and Procedure Nov. 7, 2007
People v. Gunter
Robbery conviction stands where defendant pushed security guard attempting to regain possession of stolen merchandise. 		Criminal Law and Procedure Nov. 6, 2007
In re Bettencourt
Denial of parole need only be supported by ‘some evidence’ that prisoner poses unreasonable risk of danger to society if released from prison. 		Criminal Law and Procedure Nov. 5, 2007
Allen v. Siebert
Because petition for state postconviction relief was rejected as untimely under Alabama law, it was not 'properly filed' under AEDPA. 		Criminal Law and Procedure Nov. 5, 2007
U.S. v. Gonzales
Suspended sentence does not constitute 'term of imprisonment of at least 30 days' for purposes of calculating criminal history score under sentencing guidelines. 		Criminal Law and Procedure Nov. 5, 2007
People v. Martinez
Court stays sentence pursuant to Penal Code Section 654 where charges related to driving under influence arose from single act. 		Criminal Law and Procedure Nov. 5, 2007
People v. Hartley
Trial court improperly denies petition filed by probation department on behalf of defendants who successfully complete drug treatment under Proposition 36. 		Criminal Law and Procedure Nov. 5, 2007
People v. Jacobs
Short continuance of sentencing hearing is improperly denied in case where defendant requested trial judge issue his sentence. 		Criminal Law and Procedure Nov. 1, 2007
People v. Recio
Court must reinstate petty theft conviction and conduct new hearing where defendant is improperly convicted of both stealing and receiving same property. 		Criminal Law and Procedure Nov. 1, 2007
U.S. v. Gooch
Misdemeanor bench warrant for failure to appear gives police limited authority to enter residence to effectuate arrest. 		Criminal Law and Procedure Nov. 1, 2007
Medley v. Runnels
Because 'designed to be used as a weapon' is element of offense and issue of fact, instruction to jury that flare gun was firearm was erroneous. 		Criminal Law and Procedure Nov. 1, 2007
U.S. v. Preciado
Mother who brings her four children across border while importing marijuana properly receives sentencing enhancement for use of minors to avoid detection. 		Criminal Law and Procedure Oct. 31, 2007
In re Pacheco
Even if court strikes sentence enhancement for violent felony, defendant is subject to limit on worktime credits applicable to prisoners with violent commitment offenses. 		Criminal Law and Procedure Oct. 31, 2007
People v. Binkerd
Conviction for driving under influence causing injury cannot stand where it is necessarily lesser included offense of vehicular manslaughter without gross negligence. 		Criminal Law and Procedure Oct. 31, 2007
People v. Cogswell
In rape case, court errs in allowing use of alleged victim's preliminary hearing testimony upon finding that she was unavailable. 		Criminal Law and Procedure Oct. 31, 2007
Commission on Judicial Performance v. Superior Court (Davidson)
Commission on Judicial Performance's records are not subject to discovery by means of 'Pitchess' motion. 		Criminal Law and Procedure Oct. 30, 2007
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