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Name Category Published
U.S. v. Snellenberger
Sentencing court improperly considered minute order to show that defendant committed prior crime of violence. 		Criminal Law and Procedure Apr. 5, 2007
U.S. v. Cabaccang
If conviction for greater offense is vacated, court may rely on jury's special finding for that offense during sentencing for lesser included offense. 		Criminal Law and Procedure Apr. 5, 2007
People v. Herndon
Deputies' use of force to compel fingerprinting violates due process rights but is not prejudicial error requiring reversal for new trial. 		Criminal Law and Procedure Apr. 4, 2007
People v. Gonzalez
Statute's reference to misdemeanor sentencing does not give judges discretion to punish homeless sex offender's felony failure to register as misdemeanor. 		Criminal Law and Procedure Apr. 4, 2007
People v. Kaplan
Court erred by failing to hold second competency hearing after defendant jumped from second tier of jail. 		Criminal Law and Procedure Apr. 4, 2007
People v. Strasburg
Doctor's prescription for medical marijuana does not bar officer from continuing to search car where odor of passengers smoking creates probable cause. 		Criminal Law and Procedure Apr. 4, 2007
People v. Salcido
Convictions for gang participation are proper where jury instructions state defendant could be convicted if he was direct perpetrator of criminal conduct. 		Criminal Law and Procedure Apr. 4, 2007
People v. Albarran
Admission of evidence regarding defendant's gang affiliation that has no bearing on issues of intent and motive is not harmless error. 		Criminal Law and Procedure Apr. 3, 2007
In re Prescott
If defendant's attorney discloses confidential communications and advocates in direct contravention of defendant's wishes, he is entitled to automatic reversal for prejudicial error. 		Criminal Law and Procedure Apr. 3, 2007
People v. Lowe
Defendant claiming speedy trial violation must show delay impaired ability to defend against charged crime, not simply lost chance to serve concurrent sentence. 		Criminal Law and Procedure Mar. 30, 2007
People v. Romero
If jury accepts that defendant acted in imperfect self-defense, admission of murder victim's hearsay statements regarding his fear of defendant is not prejudicial. 		Criminal Law and Procedure Mar. 30, 2007
People v. Baughman
Father not entitled to unanimous verdict on specific act of incest where jury unanimously agrees he committed all acts. 		Criminal Law and Procedure Mar. 30, 2007
People v. Rabaduex
Defendant fails to show that police 'knock-notice' search of his home violated his Fourth Amendment rights. 		Criminal Law and Procedure Mar. 30, 2007
Fisher v. City of San Jose
Where plenty of time existed for police to obtain arrest warrant during 12-hour standoff at defendant's home, warrantless arrest was improper. 		Criminal Law and Procedure Mar. 29, 2007
People v. Neidinger
Defendant need only raise reasonable doubt regarding facts underlying his affirmative defense under Penal Code Section 278.7(a). 		Criminal Law and Procedure Mar. 29, 2007
Barajas v. Wise
In heroin case, habeas petition is properly granted where state failed to provide reasons for its refusal to disclose informant's addresses. 		Criminal Law and Procedure Mar. 29, 2007
U.S. v. Boyd
Hobbs Act conviction is proper where robbery of store potentially affected interstate commerce. 		Criminal Law and Procedure Mar. 29, 2007
U.S. v. Perez
District court erred by conducting limited 'Ameline' remand of defendant's sentence where such remand had been ruled out by appellate court. 		Criminal Law and Procedure Mar. 29, 2007
Edwards v. LaMarque
State appellate court was not objectively unreasonable in finding petitioner's counsel made reasonable, tactical decision at trial. 		Criminal Law and Procedure Mar. 29, 2007
U.S. v. Daane
In case involving convictions for conspiracy and attempted extortion, court properly rejected defendants' proffered 'claim of right' instruction. 		Criminal Law and Procedure Mar. 29, 2007
U.S. v. Milwitt
To establish bankruptcy fraud, government must prove defendant's specific intent to defraud identifiable victim through identified fraudulent scheme. 		Criminal Law and Procedure Mar. 29, 2007
People v. Dalerio
Kidnapping conviction is proper where defendant deceived child into walking substantial distance for purpose of attack. 		Criminal Law and Procedure Mar. 28, 2007
People v. Windham
Motion to suppress is properly denied where inmate impliedly consented to recording of his calls. 		Criminal Law and Procedure Mar. 28, 2007
People v. McDuffie
Involuntary administration of antipsychotic medication is permissible only if it is substantially likely to render defendant competent to stand trial. 		Criminal Law and Procedure Mar. 28, 2007
People v. Brock
Defendant's conviction of theft against elder is not proper where court incorrectly instructed jury on undue influence. 		Criminal Law and Procedure Mar. 28, 2007
In re Lee
Governor's denial of parole must be supported by some evidence that prisoner's release would unreasonably endanger public safety. 		Criminal Law and Procedure Mar. 28, 2007
People v. Aleem
Where San Francisco provided appropriate venue, it could consent to having sexual assault case tried in San Mateo. 		Criminal Law and Procedure Mar. 28, 2007
People v. Bueno
Where People failed to prove prior conviction for battery with serious bodily injury was serious felony, offense did not qualify as 'strike.' 		Criminal Law and Procedure Mar. 28, 2007
People v. Russell
Where defendant held good faith belief that motorcycle was abandoned, jury should have received instruction on mistake-of-fact defense. 		Criminal Law and Procedure Mar. 28, 2007
People v. Ranger Insurance Co.
Court lacks jurisdiction to declare bail forfeiture where complaint was not filed within 15 days from arraignment. 		Criminal Law and Procedure Mar. 28, 2007
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