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Name Category Published
Hildebrand v. Dept. of Motor Vehicles
Hearsay statements regarding drunk driver are admissible in DMV hearing under public employee records exception and to 'supplement or explain' party admission.
Criminal Law and Procedure Jul. 9, 2007
U.S. v. Ruiz-Chairez
Stiff enhancement does not violate equal protection where illegal reentrant was previously convicted of crime of violence and drug trafficking offense.
Criminal Law and Procedure Jul. 8, 2007
People v. Alice
Court violates Government Code Section 68081 by ruling that People's appeal was permitted under Penal Code Section 1238(a)(10) as appeal from unlawful sentence.
Criminal Law and Procedure Jul. 5, 2007
People v. Geier
Court properly excludes one woman's admission of guilt favoring defendant but admits over his objection victim's statements regarding predilection in men.
Criminal Law and Procedure Jul. 4, 2007
People v. Marks
Defendant’s due process rights are violated by part of jury selection occurring off record, outside presence of prospective jurors, and outside defendant’s presence.
Criminal Law and Procedure Jul. 4, 2007
U.S. v. Gonzalez
Sentencing enhancement for reckless endangerment of aircraft is proper where man makes bomb threats and causes havoc in order to land plane.
Criminal Law and Procedure Jul. 4, 2007
Schroeder v. Tilton
Trial court does not violate Ex Post Facto Clause in admitting evidence of prior sexual misconduct under California Evidence Code Section 1108.
Criminal Law and Procedure Jul. 4, 2007
Foote v. Del Papa
In habeas corpus petition case, court's rejection of 'conflict of interest' claim does not contravene established federal law.
Criminal Law and Procedure Jul. 4, 2007
People v. Boysen
Substantial evidence supports trial court’s dismissal of son’s charges for murdering his parents based on preaccusation delay of 24 years.
Criminal Law and Procedure Jul. 4, 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 Jul. 2, 2007
People v. Smith
Probation condition restricting out-of-county travel is improper where court ignored probationer’s particular situation and condition had no relation to underlying crime.
Criminal Law and Procedure Jul. 2, 2007
People v. Nguyen
Use of juvenile adjudications to increase maximum punishment for offense violates Sixth Amendment right to jury trial.
Criminal Law and Procedure Jul. 2, 2007
Lambright v. Schriro
Attorney's failure to adequately investigate and present mitigating evidence during capital sentencing phase amounts to ineffective assistance of counsel.
Criminal Law and Procedure Jul. 2, 2007
U.S. v. Jeremiah
Supervised release conditions restricting and scrutinizing financial decisions and arrangements are valid where parolee is required to make restitution payments.
Criminal Law and Procedure Jul. 2, 2007
People v. Anderson
Court rejects defendant's various challenges to jury instructions.
Criminal Law and Procedure Jul. 1, 2007
In re Large
In habeas corpus case, petitioner fails to show he was denied right to exercise of court's discretion to dismiss his strike prior convictions.
Criminal Law and Procedure Jul. 1, 2007
People v. Southard
Overwhelming evidence supports inference that defendant had tools with intent to commit burglary under Penal Code Section 466.
Criminal Law and Procedure Jul. 1, 2007
People v. $20,110 United States Currency
Forfeiture of $20,110 in currency, found during execution of search warrant in residence, is not proper.
Criminal Law and Procedure Jul. 1, 2007
Tennison v. California Victim Compensation and Government Claims Board
Stipulated judgment under Penal Code Section 851.8 does not have preclusive effect in Section 4900 proceedings where it is against public policy.
Criminal Law and Procedure Jul. 1, 2007
People v. Marquez
Trial court properly finds attempted grand theft auto is not lesser included offense of attempted carjacking.
Criminal Law and Procedure Jun. 28, 2007
People v. Bogan
Pimp can be convicted of conspiracy to solicit prostitution with his prostitutes as uncharged co-conspirators.
Criminal Law and Procedure Jun. 28, 2007
Panetti v. Quarterman
Defendant convicted of murdering his 'in-laws' is improperly denied right to present expert psychiatric evidence to prove he is incompetent to be executed.
Criminal Law and Procedure Jun. 28, 2007
County of Los Angeles v. American Contractors Indemnity Co.
Surety makes sufficient showing under Penal Code Section 1305(g) that fugitive was detained and not extradited to allow exoneration of its bond.
Criminal Law and Procedure Jun. 27, 2007
Park v. Valverde
Outdated police records warrant application of exclusionary rule to suppress evidence of intoxication in criminal-not administrative-proceedings.
Criminal Law and Procedure Jun. 27, 2007
People v. Shepherd
Hearsay testimony is inadmissible in probation revocation hearing where declarant is readily available and no good cause is shown.
Criminal Law and Procedure Jun. 27, 2007
People v. Kiney
Statements made by pro se defendant in closing argument are properly admitted over defendant's objection as evidence in retrial.
Criminal Law and Procedure Jun. 26, 2007
People v. Cabrera
Court properly rejects defendant’s futile argument that as partial owner of vehicle, he had ‘claim of right’ defense to carjacking allegation.
Criminal Law and Procedure Jun. 26, 2007
People v. Buffington
Admission of psychologist's opinion in other sexually violent predator cases was irrelevant to show bias but did not unfairly prejudice defendant.
Criminal Law and Procedure Jun. 25, 2007
U.S. v. Norbury
Prior conviction which was later dismissed with prejudice qualifies as prior conviction for sentence enhancement purposes under 21 U.S.C. Section 841.
Criminal Law and Procedure Jun. 25, 2007
People v. Buffington
Admission of psychologist's opinion in other sexually violent predator cases was irrelevant to show bias but did not unfairly prejudice defendant.
Criminal Law and Procedure Jun. 25, 2007