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Name Category Published
U.S. v. Grigg
Court reviewing reasonableness of stop to investigate past misdemeanor or minor infraction must assess potential risk to public safety associated with offense. 		Criminal Law and Procedure Aug. 23, 2007
People v. Crittle
Where defendant is convicted of two offenses, imposition of second $10 crime prevention fine is unauthorized. 		Criminal Law and Procedure Aug. 22, 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 Aug. 21, 2007
Netzley v. Superior Court (People)
Petitioner unsuccessfully seeks dismissal of charges where 180-day period under Interstate Agreement on Detainers has not yet expired. 		Criminal Law and Procedure Aug. 21, 2007
U.S. v. Freeman
District court's allowance of improper expert witness testimony in case involving drug charges was harmless error. 		Criminal Law and Procedure Aug. 21, 2007
People v. Tafoya
Exclusion of victim's statement expressing mistrust of co-defendant over methamphetamine deal does not prejudice defendant who claims he shot dealer in self-defense. 		Criminal Law and Procedure Aug. 21, 2007
People v. Martinez
Defendant is not prejudiced by preliminary hearing testimony of witness seeking asylum in Canada whom prosecution made diligent efforts to procure at trial. 		Criminal Law and Procedure Aug. 21, 2007
People v. Thornton
Convicted kidnapper and murderer’s sentence for kidnapping for robbery is modified where court punished him under wrong Penal Code subsection. 		Criminal Law and Procedure Aug. 16, 2007
U.S. v. Lambert
Sentence enhancement is proper where defendant conspired to defraud United States by claiming he completed work on behalf of tribes' education department. 		Criminal Law and Procedure Aug. 16, 2007
U.S. v. Hernandez-Acuna
District court properly denies motion to suppress without conducting de novo evidentiary hearing because its denial was based on evidence at trial. 		Criminal Law and Procedure Aug. 16, 2007
U.S. v. Yida
Court properly excludes witness' prior testimony in defendant's retrial because government failed to show witness was 'unavailable'. 		Criminal Law and Procedure Aug. 16, 2007
People v. Sloan
Enhancements and future punishment may not be considered to immunize defendant from convictions for multiple charged crimes based on necessarily included offenses. 		Criminal Law and Procedure Aug. 16, 2007
People v. Izaguirre
Firearm enhancements found true by jury need not be stricken under multiple conviction rule as necessarily included within first degree murder offense. 		Criminal Law and Procedure Aug. 16, 2007
People v. Solorzano
Warrantless search is reasonable parole term and defendant may receive harsher punishment after retrial where original sentence was not authorized by law. 		Criminal Law and Procedure Aug. 15, 2007
U.S. v. Seljan
Motion to suppress evidence is properly denied where search at FedEx facility revealed sexually explicit letter addressed to young girl in Philippines. 		Criminal Law and Procedure Aug. 14, 2007
People v. Wagner
Defendant's sentence must be vacated as prosecutor mistakenly represents date of receipt of Section 1381 trial-sentencing demand. 		Criminal Law and Procedure Aug. 14, 2007
Womack v. Del Papa
Habeas petitioner alerted by agreement and canvass of potential consequences of pleading guilty is not prejudiced by counsel's prediction of trial outcome. 		Criminal Law and Procedure Aug. 13, 2007
People v. Semaan
Sister-in-law of convicted defrauder cannot establish ownership of frozen assets where Evidence Code Section 662’s rebuttable presumption of ownership does not apply. 		Criminal Law and Procedure Aug. 13, 2007
People v. Allen
Trial court lacks authority to extend mentally disordered offender's commitment if district attorney files recommitment petition after prior commitment expired. 		Criminal Law and Procedure Aug. 13, 2007
In re Marquez
Due process requires that parolee be released from custody due to prejudice from delay of probable cause and parole revocation hearings. 		Criminal Law and Procedure Aug. 12, 2007
People v. O'Dell
Jury may properly discredit defendant's explanation where corroborating evidence of car theft and conscious possession of stolen property support inference of guilt. 		Criminal Law and Procedure Aug. 12, 2007
U.S. v. Aukai
Airport screening search is constitutionally reasonable administrative search where defendant failed to produce picture identification. 		Criminal Law and Procedure Aug. 12, 2007
U.S. v. Garcia
Evidence is insufficient to show defendant entered conspiracy to distribute methamphetamine as of July 2003. 		Criminal Law and Procedure Aug. 12, 2007
Garcia v. Superior Court (City of Santa Ana)
Where 'Pitchess' motion is accompanied by sealed declaration, sealed information released to city attorney under protective order would not protect defendant's interests. 		Criminal Law and Procedure Aug. 9, 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 Aug. 9, 2007
People v. Ramirez
Gang expert’s hearsay testimony establishing elements of gang enhancement does not violate defendant’s constitutional right to confront witness. 		Criminal Law and Procedure Aug. 7, 2007
People v. Garcia
Defendant’s current, intimate knowledge of gang’s inner workings is sufficient to establish his active gang participation at time of his arrest. 		Criminal Law and Procedure Aug. 7, 2007
In re Gomez
'Cunningham' is not to be applied retroactively to upper term sentence on collateral review in cases already final when it was decided. 		Criminal Law and Procedure Aug. 7, 2007
U.S. v. Riedl
Defendant is not entitled to coram nobis relief where she failed to demonstrate legitimate, valid reasons for not attacking her conviction earlier. 		Criminal Law and Procedure Aug. 6, 2007
U.S. v. Bolanos-Hernandez
Under U.S. Sentencing Guidelines, attempted assault with intent to commit rape is considered forcible sex offense and therefore crime of violence. 		Criminal Law and Procedure Aug. 6, 2007
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