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Name Category Published
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
U.S. v. Garner
Trial court properly uses 35-year-old history of defendant's prior sexual abuse of own children to enhance his child pornography sentence. 		Criminal Law and Procedure Jun. 24, 2007
Brendlin v. California
Passenger stopped along with driver during traffic stop is seized under Fourth Amendment and is entitled to challenge government's action. 		Criminal Law and Procedure Jun. 24, 2007
U.S. v. Washington
Evidence of firearm recovered after illegal seizure and involuntary consent to search violates defendant's Fourth Amendment rights and should be suppressed 		Criminal Law and Procedure Jun. 24, 2007
U.S. v. Ankeny
District court improperly applies Career Offender Guidelines in determining unlawful possession of firearm by felon is 'crime of violence.' 		Criminal Law and Procedure Jun. 24, 2007
Lopez v. Schriro
Capital defendant fulfills exhaustion requirements where he presents 'substantial equivalent' of ineffective assistance of counsel claim in federal and state court. 		Criminal Law and Procedure Jun. 24, 2007
People v. Sullivan
Bank robber unsuccessfully challenges conviction on grounds of vagueness and invalid waiver of right to counsel. 		Criminal Law and Procedure Jun. 24, 2007
Rita v. United States
Appellate court properly determines that sentence within correctly calculated Guidelines range is presumptively reasonable. 		Criminal Law and Procedure Jun. 24, 2007
People v. Yim
Parolee's upper term upheld where poor performance and tendency to re-offend are recidivism-related factors that need not be found by jury. 		Criminal Law and Procedure Jun. 24, 2007
Giovanni B., a Minor (City of Chula Vista Police Dept.)
Juvenile court finds police records sought by Pitchess motion were irrelevant to proposed defense, and properly denies in-camera review of requested records. 		Criminal Law and Procedure Jun. 24, 2007
People v. Tillotson
Imposition of upper term sentence requires reversal where based on factors not found true beyond reasonable doubt by jury. 		Criminal Law and Procedure Jun. 24, 2007
U.S. v. Diaz
Evidence found by agents serving arrest warrant, without search warrant, is admissible where agents had sufficient reason to believe defendant was home. 		Criminal Law and Procedure Jun. 24, 2007
U.S. v. Garner
Trial court properly uses 35-year-old history of defendant's prior sexual abuse of own children to enhance his child pornography sentence. 		Criminal Law and Procedure Jun. 22, 2007
Brendlin v. California
Passenger stopped along with driver during traffic stop is seized under Fourth Amendment and is entitled to challenge government's action. 		Criminal Law and Procedure Jun. 22, 2007
U.S. v. Washington
Evidence of firearm recovered after illegal seizure and involuntary consent to search violates defendant's Fourth Amendment rights and should be suppressed 		Criminal Law and Procedure Jun. 22, 2007
U.S. v. Ankeny
District court improperly applies Career Offender Guidelines in determining unlawful possession of firearm by felon is 'crime of violence.' 		Criminal Law and Procedure Jun. 22, 2007
Rita v. United States
Appellate court properly determines that sentence within correctly calculated Guidelines range is presumptively reasonable. 		Criminal Law and Procedure Jun. 22, 2007
People v. Yim
Parolee's upper term upheld where poor performance and tendency to re-offend are recidivism-related factors that need not be found by jury. 		Criminal Law and Procedure Jun. 22, 2007
Giovanni B., a Minor (City of Chula Vista Police Dept.)
Juvenile court finds police records sought by Pitchess motion were irrelevant to proposed defense, and properly denies in-camera review of requested records. 		Criminal Law and Procedure Jun. 22, 2007
People v. Tillotson
Imposition of upper term sentence requires reversal where based on factors not found true beyond reasonable doubt by jury. 		Criminal Law and Procedure Jun. 22, 2007
People v. Sullivan
Bank robber unsuccessfully challenges conviction on grounds of vagueness and invalid waiver of right to counsel. 		Criminal Law and Procedure Jun. 22, 2007
U.S. v. Diaz
Evidence found by agents serving arrest warrant, without search warrant, is admissible where agents had sufficient reason to believe defendant was home. 		Criminal Law and Procedure Jun. 22, 2007
People v. Morton
Imposition of upper term sentence is valid under 'Cunningham v. California' where it was based on prior convictions and harmless error 		Criminal Law and Procedure Jun. 21, 2007
People v. Morton
Imposition of upper term sentence is valid under 'Cunningham v. California' where it was based on prior convictions and harmless error 		Criminal Law and Procedure Jun. 21, 2007
People v. Cole
Strike sentence does not violate equal protection where previous crime would not count as strike had defendant been adjudicated in juvenile court. 		Criminal Law and Procedure Jun. 20, 2007
People v. Parrish
Trial court properly admits accomplice's out-of-court statements into evidence, in convicting defendant of felony murder and attempted second-degree robbery of market. 		Criminal Law and Procedure Jun. 20, 2007
U.S. v. Rendon-Duarte
Judgment and sentence are upheld despite court's erroneous admission of prior bad acts and sole reliance on facts to determine prior violent crime. 		Criminal Law and Procedure Jun. 20, 2007
Smith v. Superior Court (People)
Prosecution is not entitled to participate in defendant's discovery proceedings or to copies of subpoenaed documents relating to jury selection process. 		Criminal Law and Procedure Jun. 20, 2007
U.S. v. Hollis
20-year minimum sentence is affirmed absent proof of drug type where cocaine base residue shows defendant distributed crack. 		Criminal Law and Procedure Jun. 20, 2007
People v. Parrish
Trial court properly admits accomplice's out-of-court statements into evidence, in convicting defendant of felony murder and attempted second-degree robbery of market. 		Criminal Law and Procedure Jun. 20, 2007
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