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Name Category Published
People v. Murphy
Possession of cocaine base for sale is not necessarily included offense of selling cocaine base. 		Criminal Law and Procedure Sep. 26, 2007
U.S. v. Dearing
Efforts to conceal and profit from false billings in scheme to defraud Medicaid show willful intent to aid and abet health care fraud. 		Criminal Law and Procedure Sep. 25, 2007
U.S. v. Jenkins
Government fails to dispel appearance of vindictive prosecution created by timing of alien smuggling charges. 		Criminal Law and Procedure Sep. 25, 2007
People v. Shields
Statutory amendment gives court jurisdiction to adjudicate petition to recommit person found to be sexually violent predator. 		Criminal Law and Procedure Sep. 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 Sep. 24, 2007
People v. Ayala
Wendy's employees are properly awarded restitution under Penal Code Section 1202.4 as 'direct victims' of customer's 'finger in chili' hoax. 		Criminal Law and Procedure Sep. 24, 2007
Stenson v. Lambert
Counsel defending man who killed wife and investor is not ineffective for refusing to frame wife or conceding guilt during trial. 		Criminal Law and Procedure Sep. 24, 2007
Redding v. Safford Unified School District
School search partially exposing breast and pelvic area of girl accused of distributing prescription strength ibuprofen does not violate Fourth Amendment. 		Criminal Law and Procedure Sep. 23, 2007
People v. Tu
Trial court's imposition of upper term sentence based on defendant's record of prior juvenile petitions does not violate his Sixth Amendment rights. 		Criminal Law and Procedure Sep. 23, 2007
People v. May
Trial court hearing recommitment petition has discretion to release mentally disordered offenders on outpatient status after determining suitability for treatment. 		Criminal Law and Procedure Sep. 20, 2007
U.S. v. Sargent
Theft of public property conviction is reversed where government failed to prove value of stolen postage statements exceeded $1,000. 		Criminal Law and Procedure Sep. 20, 2007
U.S. v. W.R. Grace
Dismissal of portion of superseding indictment is not proper where savings clause applies to timely filed, but flawed, indictment. 		Criminal Law and Procedure Sep. 20, 2007
U.S. v. Sinerius
Defendant's conviction under Montana's sexual assault statute categorically qualifies as predicate offense triggering sentencing enhancement. 		Criminal Law and Procedure Sep. 20, 2007
Brown v. Ornoski
Court denies capital defendant's habeas petition based on ineffective assistance of counsel and Eighth Amendment violation. 		Criminal Law and Procedure Sep. 19, 2007
People v. Mosley
Where sentence for possession of weapon in custody was subordinate to principal term, trial court erred in imposing full term consecutive sentence. 		Criminal Law and Procedure Sep. 19, 2007
People v. Foster
Defendant is guilty of attempting to dissuade victim from testifying against him even though message given to third party was never delivered to victim. 		Criminal Law and Procedure Sep. 19, 2007
People v. Randall
Penal Code Section 1191.1 permits victim of defendant's crimes to attend all sentencing proceedings, not just initial sentencing proceeding. 		Criminal Law and Procedure Sep. 18, 2007
People v. Chun
Second degree felony murder instruction is improper absent evidence of collateral purpose based upon defendant's excluded statements about drive-by shooting. 		Criminal Law and Procedure Sep. 17, 2007
People v. Murray
Court lacks jurisdiction to reinstate suspended term where petition to revoke probation was filed more than 30 days after defendant's reported commitment. 		Criminal Law and Procedure Sep. 16, 2007
People v. Munoz
Where defendant signed 'Harvey' waiver, his upper-term sentence did not violate any constitutional law. 		Criminal Law and Procedure Sep. 16, 2007
In re Roderick
Grandfather receives habeas relief where parole unsuitability based solely on prior criminal history is insufficient to prove unreasonable risk of danger. 		Criminal Law and Procedure Sep. 13, 2007
People v. Mejia
Conviction for continuous sexual abuse of child under 14 is reversed where there is no substantial evidence that time period requirement was met. 		Criminal Law and Procedure Sep. 13, 2007
People v. Foss
Trial court was not required to allow defense to inquire into whether witness in child molestation case had morbid fear of sexual matters. 		Criminal Law and Procedure Sep. 13, 2007
People v. Neilson
Government Code does not require litigants be afforded opportunity to address issue of inadequate record even if lack of record is grounds for affirming appeal. 		Criminal Law and Procedure Sep. 12, 2007
People v. Perry
Multiple sentence prohibition requires stay of vehicular burglary sentence where defendant's objective in second degree robbery is also to steal car stereo. 		Criminal Law and Procedure Sep. 12, 2007
People v. Quitiquit
Voluntary manslaughter conviction is reversed where wife's hearsay statements that her husband twisted her neck were erroneously admitted. 		Criminal Law and Procedure Sep. 12, 2007
People v. Warner
Firearm use enhancement is stricken in case where defendant killed neighbor's husband with shotgun blast to chest. 		Criminal Law and Procedure Sep. 12, 2007
Polk v. Sandoval
Petitioner's due process rights are violated where trial instructions allowed jury to convict him of first-degree murder without finding deliberation. 		Criminal Law and Procedure Sep. 11, 2007
Carrington v. United States
Petitioners challenging their sentences as unconstitutional fail to present exceptional circumstances sufficient to support grant of extraordinary relief. 		Criminal Law and Procedure Sep. 11, 2007
People v. Jefferson
Under 'Cunningham v. California', court's one 'strike' finding does not violate defendant's federal constitutional right to jury determination. 		Criminal Law and Procedure Sep. 10, 2007
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