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Name Category Published
People v. Wilmshurst
In case involving conviction for unlawfully possessing machine gun, defendant's privilege against self-incrimination is not violated and his federal pre-emption argument fails. 		Criminal Law and Procedure Mar. 7, 2007
People v. Duarte
Father who takes son on trip to traffic drugs violates Health and Safety Code, even if minor did not participate in actual transport. 		Criminal Law and Procedure Mar. 7, 2007
People v. Navarro
If insufficient evidence supports conviction for single offense, appellate court may not modify judgment to reflect conviction for two lesser included offenses. 		Criminal Law and Procedure Mar. 7, 2007
U.S. v. Castillo-Basa
If issue of defendant's veracity was decided at prior trial for different offense, later prosecution for perjury is barred by double jeopardy. 		Criminal Law and Procedure Mar. 7, 2007
U.S. v. Mejia-Pimental
Defendant who first lies but later proffers truthful information before sentencing fulfills 'good faith' requirement and is eligible for safety valve relief. 		Criminal Law and Procedure Mar. 7, 2007
People v. Hernandez
Defendant is not entitled to have jury determine facts upon which trial court relied to impose consecutive sentences. 		Criminal Law and Procedure Mar. 7, 2007
U.S. v. Lopez
District court did not abuse its discretion when it denied defendant's motion to sever drug-related counts from other charges. 		Criminal Law and Procedure Mar. 7, 2007
People v. Zaidi
Sentencing court must advise defendant that sex offender registration is lifelong obligation during plea colloquy. 		Criminal Law and Procedure Mar. 7, 2007
Alcala v. Superior Court (People)
In granting consolidation of five murder cases, trial court erred in failing to individualize its analysis as to each case. 		Criminal Law and Procedure Mar. 7, 2007
Whorton v. Bockting
Rule for admissibility of hearsay testimony set forth in 'Crawford v. Washington' does not apply retroactively because it is not watershed rule. 		Criminal Law and Procedure Mar. 7, 2007
U.S. v. Alvarez-Hernandez
For purposes of sentencing enhancement, defendant's fully suspended and probation sentence does not constitute 'sentence imposed of 13 months or less.' 		Criminal Law and Procedure Mar. 7, 2007
U.S. v. Vartanian
Trial court properly exercises its discretion in dismissing juror for her misconduct outside of jury deliberation room. 		Criminal Law and Procedure Mar. 7, 2007
People v. Mays
To be guilty of money laundering, defendant must conduct transaction involving monetary instrument that exceeds $5,000 derived from illegal activity. 		Criminal Law and Procedure Mar. 7, 2007
People v. Guevara
Court must establish reviewable record pursuant to 'Pitchess' motion seeking discoverable complaints reflecting credibility of police officers accused of excessive force. 		Criminal Law and Procedure Mar. 7, 2007
People v. Davenport
Trial court erred in refusing to credit defendant for 88 days spent in residential drug treatment program as part of his Proposition 36 sentence. 		Criminal Law and Procedure Mar. 7, 2007
Nguyen v. Garcia
Defendant's invocation of his 'Miranda' rights may be used as to establish his cognition and competency at competency hearing without implicating due process. 		Criminal Law and Procedure Mar. 7, 2007
U.S. v. Hernandez
District court abused its discretion by not providing jury with lesser included offense instruction on simple possession. 		Criminal Law and Procedure Mar. 6, 2007
In re Walker
Relief granted where it is reasonably probable that verdict would have been different if evidence of intimate partner battering was introduced at trial. 		Criminal Law and Procedure Mar. 5, 2007
People v. Giles
Defendant claiming self-defense to murder charge forfeits his right to confront witness about her prior out-of-court statements if witness was his murder victim. 		Criminal Law and Procedure Mar. 5, 2007
Bockting v. Bayer
Admission of child abuse victim's statement to detective without cross-examination at trial was not harmless error. 		Criminal Law and Procedure Mar. 5, 2007
People v. Guevara
Court must establish reviewable record pursuant to 'Pitchess' motion seeking discoverable complaints reflecting credibility of police officers accused of excessive force. 		Criminal Law and Procedure Mar. 2, 2007
People v. Navarro
Crime of attempted kidnapping during carjacking requires completed carjacking. 		Criminal Law and Procedure Feb. 27, 2007
People v. Robles
Defendant has personal and fundamental right to admit probation violation even if counsel disagrees with decision to do so. 		Criminal Law and Procedure Feb. 26, 2007
Wallace v. Kato
Unlawful arrest lawsuit is time barred where limitations period begins to run when victim is held pursuant to legal process. 		Criminal Law and Procedure Feb. 22, 2007
People v. Thoma
Defendant's silence in face of judge's description of victim's injuries is tacit admission of truth. 		Criminal Law and Procedure Feb. 16, 2007
People v. Wilmshurst
In case involving conviction for unlawfully possessing machine gun, defendant's privilege against self-incrimination is not violated and his federal pre-emption argument fails. 		Criminal Law and Procedure Feb. 16, 2007
U.S. v. Crapser
Where 'knock and talk' resulted in voluntary, consensual encounter between defendant and police, evidence seized was admissible. 		Criminal Law and Procedure Feb. 16, 2007
U.S. v. Jiang
Evidence is insufficient to support Chinese citizen's conviction for intentionally making materially false statement to federal agent. 		Criminal Law and Procedure Feb. 16, 2007
U.S. v. Jones
False representations made regarding unlawful appropriation of money that was previously acquired from investors in good faith constitutes wire fraud. 		Criminal Law and Procedure Feb. 16, 2007
Ramos v. Superior Court (People)
Good cause attributed from one jointly charged codefendant to another does not permit continuing preliminary hearing for both defendants beyond 60 days. 		Criminal Law and Procedure Feb. 16, 2007
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