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Name Category Published
People v. Leonard
Court's failure to appoint director of regional center to examine epileptic murderer was harmless where he was examined by competent, experienced psychiatrists. 		Criminal Law and Procedure May 17, 2007
People v. Sayres
Upper term sentencing valid without submission to jury where it is based on defendant's pattern of violent conduct and prior convictions. 		Criminal Law and Procedure May 16, 2007
People v. Govan
Trial court errs under 'Cunningham' decision by imposing upper six-year term based on facts not found by jury. 		Criminal Law and Procedure May 16, 2007
People v. Pereira
Defendant who employs alias to mail marijuana-filled teddy bear does not forfeit legitimate expectation of privacy in package. 		Criminal Law and Procedure May 16, 2007
People v. Thoma
Court may not rely upon defendant's admission made after acceptance of guilty plea in determining whether prior conviction qualifies as strike. 		Criminal Law and Procedure May 16, 2007
U.S. v. Carson
Conviction under Washington's second-degree assault statute is 'crime of violence' for purposes of career offender enhancement. 		Criminal Law and Procedure May 15, 2007
Lambright v. Shriro
Attorney's failure to adequately investigate and present mitigating evidence during capital sentencing phase amounts to ineffective assistance of counsel. 		Criminal Law and Procedure May 14, 2007
People v. Shadden
Defendant cannot be relieved of criminal responsibility by unilaterally giving himself permission to shoot car he owns jointly with girlfriend. 		Criminal Law and Procedure May 14, 2007
Schriro v. Landrigan
Habeas petitioner who refused to present mitigating evidence and invited death penalty is properly denied hearing on ineffective assistance of counsel claim. 		Criminal Law and Procedure May 14, 2007
U.S. v. Hoang
Temporary diversion of drug-filled package that does not significantly affect its regularly scheduled delivery does not violate Fourth Amendment rights. 		Criminal Law and Procedure May 14, 2007
U.S. v. Gomez-Mendez
Prior California conviction for unlawful sexual intercourse with minor under 16 qualifies as 'crime of violence' under federal Sentencing Guidelines. 		Criminal Law and Procedure May 14, 2007
U.S. v. Ray
United States Code is used to determine maximum sentence for convicted embezzler's violation of supervised release, not Sentencing Guidelines. 		Criminal Law and Procedure May 11, 2007
U.S. v. Bibler
In drug possession case, defendant's waiver of right to appeal sentence is enforceable. 		Criminal Law and Procedure May 11, 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 May 11, 2007
U.S. v. Fifield
District court's failure to seek views of counsel before making its decision on resentencing following 'Ameline' remand constitutes reversible error. 		Criminal Law and Procedure May 11, 2007
U.S. v. Esquivel-Ortega
Passenger's emotional outburst and presence in van containing drugs does not establish participation in conspiracy. 		Criminal Law and Procedure May 11, 2007
U.S. v. Lopez
Merely transporting aliens within United States cannot support conviction for aiding and abetting in 'bringing' aliens 'to' United States. 		Criminal Law and Procedure May 11, 2007
Serrato v. Clark
Inmate's habeas corpus petition denied after challenge to Federal Bureau of Prisons' termination of boot camp program. 		Criminal Law and Procedure May 11, 2007
U.S. v. Simtob
Court may not predicate sentence on offense underlying revocation of supervised release and must conduct inquiry of juror bias. 		Criminal Law and Procedure May 11, 2007
People v. Reyes
Court is authorized to impose upper term sentences without submission to a jury when it does not require finding additional facts. 		Criminal Law and Procedure May 10, 2007
People v. Ybarra
Gang shootings remanded for resentencing where court is unaware of 'youthful offender discretion' and imposes consecutive terms without jury finding. 		Criminal Law and Procedure May 10, 2007
Whitaker v. Garcetti
Attorney, who was subjected to wiretap obtained by falsified warrant, may proceed against Los Angeles County and City entities. 		Criminal Law and Procedure May 10, 2007
People v. Ranger Insurance Co.
Surety who performed only minimal efforts to locate and capture defendant did not show good cause to warrant extension of exoneration period. 		Criminal Law and Procedure May 7, 2007
People v. Barry Anderson
Jury may consider children's heightened risk of harm in determining whether defendant moved them substantial distance to constitute kidnapping for molestation. 		Criminal Law and Procedure May 4, 2007
People v. Bejarano
Defendant who intends to shoot rival gang member but kills another is not guilty of second degree felony murder under merger doctrine. 		Criminal Law and Procedure May 4, 2007
Scott v. Harris
Deputy does not violate Fourth Amendment by pushing vehicle off road to end high-speed pursuit. 		Criminal Law and Procedure May 3, 2007
U.S. v. Sine
Court finds no plain error in prosecution of defendant involved in pyramid scheme, despite the use of inadmissible hearsay and prejudicial evidence. 		Criminal Law and Procedure May 3, 2007
In re Smith
Court allows convicted murderer to apply excess time served credits against his parole sentence. 		Criminal Law and Procedure May 3, 2007
People v. Thomas
Failure to use recommended jury instruction reciting same legal principle does not constitute structural error. 		Criminal Law and Procedure May 3, 2007
People v. Macklem
Suspect is not 'in custody' for 'Miranda' purposes when interviewed by law enforcement official at custodial facility where he was already confined. 		Criminal Law and Procedure May 3, 2007
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