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Name Category Published
People v. Tena
Defendant who abandons request to proceed pro per after securing desired attorney is not prejudiced by denial of motion for self-representation. 		Criminal Law and Procedure Oct. 30, 2007
People v. Andra
Where defendant had opportunity to reflect and renew her intent between commission of multiple crimes, concurrent sentences for each crime is proper. 		Criminal Law and Procedure Oct. 30, 2007
People v. Saavedra
Conviction of inmate weapon possession is proper where court's omission of self-defense instruction was harmless. 		Criminal Law and Procedure Oct. 29, 2007
People v. Stevens
Court does not abuse its discretion in allowing placement of armed guard next to defendant on witness stand. 		Criminal Law and Procedure Oct. 29, 2007
People v. Richardson
Defendant who pleads guilty after magistrate denied motion to suppress cannot seek appellate review of search and seizure issue in superior court. 		Criminal Law and Procedure Oct. 29, 2007
People v. Mares
Bank withdrawal slip qualifies as 'order for payment' proving defendant presented 'completed check' using dealership's account number with intent to defraud. 		Criminal Law and Procedure Oct. 28, 2007
People v. Cole
Good faith belief defense that broker-dealer license is not required applies in case where highly speculative securities were sold to elderly persons. 		Criminal Law and Procedure Oct. 28, 2007
People v. Givan
Extension of civil commitment is proper where record shows implicit waiver of defendant's right to trial by jury. 		Criminal Law and Procedure Oct. 25, 2007
People v. DePriest
Sufficient evidence supports felony murder based on robbery and attempted rape where parolee found with property of naked victim found near dumpster. 		Criminal Law and Procedure Oct. 25, 2007
U.S. v. Banks
VICAR requires defendant's gang-related purpose in committing crime to be more than merely incidental. 		Criminal Law and Procedure Oct. 25, 2007
People v. Lamas
Felony gun offense instructions are prejudicial where they require jury to find only that defendant committed misdemeanor. 		Criminal Law and Procedure Oct. 25, 2007
People v. Traylor
Previously dismissed complaint of felony vehicular manslaughter bars subsequent misdemeanor charge of lesser included offense. 		Criminal Law and Procedure Oct. 24, 2007
People v. Hertzig
Possession of multiple images of child pornography does not constitute multiple violations of Penal Code. 		Criminal Law and Procedure Oct. 24, 2007
People v. McNeal
Exclusion of partition ratio in DUI case constitutes harmless error where evidence supports defendant drove under influence of alcohol. 		Criminal Law and Procedure Oct. 23, 2007
Bradwell v. Superior Court (People)
Welfare fraud conviction cannot be used as qualifying prior conviction for offense of 'petty theft with prior'. 		Criminal Law and Procedure Oct. 22, 2007
U.S. v. Rodriguez-Guzman
Enhancement based on overbroad California statute is improper where overwhelming authority sets age of consent at 16 years to constitute statutory rape. 		Criminal Law and Procedure Oct. 22, 2007
People v. Thomas
Although instruction on not guilty by reason of insanity could have been misleading, when viewed as whole, it could not have mislead reasonable juror. 		Criminal Law and Procedure Oct. 22, 2007
U.S. v. Salcido
Evidence is sufficient to sustain receipt of child pornography conviction where jury could have concluded girl depicted in video was actual person. 		Criminal Law and Procedure Oct. 21, 2007
U.S. v. Soltero
Court may delegate cost determination authority to probation officer but may not prohibit defendant’s First Amendment rights as condition of supervised release. 		Criminal Law and Procedure Oct. 21, 2007
People v. Stuart
Defendant's request for release is denied where her 'unusual case' argument for killing her elderly mother fails. 		Criminal Law and Procedure Oct. 18, 2007
People v. Newton
Hit and run collision injuring four people constitutes single violation of Vehicle Code. 		Criminal Law and Procedure Oct. 16, 2007
People v. Gilbreth
Defendant's conviction for being felon in possession of firearm is reversed where prior conviction for evading police officer was reduced to misdemeanor. 		Criminal Law and Procedure Oct. 16, 2007
People v. Rivera
Consensual encounter between homeowner and police is not subjected to heightened constitutional scrutiny merely because such contact occurred within residence. 		Criminal Law and Procedure Oct. 16, 2007
U.S. v. Saeteurn
Trial court need not resolve factual dispute in presentence report that has no effect on temporal term of sentence imposed. 		Criminal Law and Procedure Oct. 15, 2007
People v. Stuedemann
Defendant is improperly convicted of rape by foreign object on unconscious person where victim was capable of resistance to conduct. 		Criminal Law and Procedure Oct. 15, 2007
People v. Nguyen
Order 		Criminal Law and Procedure Oct. 14, 2007
Bockting v. Bayer
Hearsay statements of 'unavailable' six-year-old witness are admissible against stepfather accused of sexually assaulting her in motel bathroom. 		Criminal Law and Procedure Oct. 14, 2007
U.S. v. Richard
District court erred when it permitted jury to rehear portion of witness' testimony against defendant without taking any additional precautions. 		Criminal Law and Procedure Oct. 14, 2007
People v. Cardenas
Prosecutor does not exercise group bias by excusing two Hispanic jurors who express uncertainty about accepting interpreter's translation. 		Criminal Law and Procedure Oct. 11, 2007
U.S. v. Sutcliffe
Former employee who posts personal information and threatens vengeance on website is properly convicted of making interstate threats to injure. 		Criminal Law and Procedure Oct. 11, 2007
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