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People v. Leon
Where none of defendants' proposed alternatives offered realistic prospect of exposing conspiracy, evidence seized from wiretaps was admissible.
Criminal Law and Procedure Feb. 2, 2007
U.S. v. Arnt
District court committed reversible error in refusing to give involuntary manslaughter instruction as lesser included offense.
Criminal Law and Procedure Feb. 2, 2007
U.S. v. Ziegler
Where employer had third party consent to search employee's office and computer, court properly denied employee's motion to suppress evidence of child pornography.
Criminal Law and Procedure Feb. 2, 2007
U.S. v. Tatoyan
There was no error in district court's jury instructions on bulk cash smuggling counts, however case is remanded for resentencing.
Criminal Law and Procedure Feb. 2, 2007
People v. Dolly
Evidence obtained from warrantless search of car based on anonymous phone tip is admissible.
Criminal Law and Procedure Feb. 1, 2007
People v. Superior Court (Walker)
Where contraband would have inevitably been discovered, university officer's lack of authority to consent to search of dorm room was not fatal.
Criminal Law and Procedure Feb. 1, 2007
People v. McEwan
Appeal challenging validity of no contest plea is dismissed where court denied certificate of probable cause.
Criminal Law and Procedure Feb. 1, 2007
People v. Flores
Defendant's conviction is reversed where court failed to instruct jury that prosecution had burden to prove each element of charged offense beyond reasonable doubt.
Criminal Law and Procedure Feb. 1, 2007
U.S. v. Black
Totality of circumstances presented by domestic abuse complaint may justify warrantless search of suspect's residence.
Criminal Law and Procedure Jan. 31, 2007
Malcolm M., A Minor
Minor cannot be found liable as accessory after fact to possession of assault weapon where his actions render him principal in offense.
Criminal Law and Procedure Jan. 31, 2007
International Chemical Workers Union Council of the United Food & Commercial Workers International and Its Local IC v. NLRB
Company's failure to disclose financial records to labor union during negotiations amounted to bad faith bargaining.
Criminal Law and Procedure Jan. 31, 2007
People v. Coleman
Taking of car keys from victim who is not owner, passenger or driver, and not in proximity to car, does not constitute carjacking.
Criminal Law and Procedure Jan. 30, 2007
People v. Bufford
Court improperly denied motion to set and impose restitution where court retains jurisdiction until economic losses of victim are determined.
Criminal Law and Procedure Jan. 30, 2007
People v. Jenkins
Battery convictions are proper where defendant challenges them under constitutional doctrine of double jeopardy.
Criminal Law and Procedure Jan. 30, 2007
In re Alcox
Attorney's failure to investigate alibi witnesses did not amount to ineffective assistance where accused made incriminating statements concerning guilt.
Criminal Law and Procedure Jan. 29, 2007
People v. Linder
In child abuse case, preponderance of evidence burden of proof applicable to Penal Code Section 803(g) statute of limitations claims is proper.
Criminal Law and Procedure Jan. 29, 2007
People v. Hernandez
Possession of drugs for sale conviction was not proper where court applied wrong standard in denying defendant's request to discharge retained counsel.
Criminal Law and Procedure Jan. 29, 2007
People v. Shazier
In sexually violent predator commitment case, prosecutor committed misconduct because his statements regarding consequences of true finding were deceptive and reprehensible.
Criminal Law and Procedure Jan. 29, 2007
People v. Calhoun
Flight enhancement is imposed where defendant concedes he is guilty of gross vehicular manslaughter as aider and abettor.
Criminal Law and Procedure Jan. 29, 2007
People v. Le
Penal Code's ban on multiple punishments is violated where defendant's robbery and burglary offenses accomplished single intent to steal.
Criminal Law and Procedure Jan. 28, 2007
People v. Thornton
Evidence did not support finding that reliance by defendants on plea agreement justified specific enforcement of plea agreement.
Criminal Law and Procedure Jan. 28, 2007
Cunningham v. California
By placing sentence-elevating fact-finding with judge, state's determinate sentencing law violated defendant's right to trial by jury.
Criminal Law and Procedure Jan. 26, 2007
Benitez v. Garcia
State court's decision not to enforce sentencing limitation imposed by Venezuelan extradition order was objectively unreasonable.
Criminal Law and Procedure Jan. 26, 2007
People v. Leon
Person who uses false name to procure cellular telephone maintains privacy interest in communications over that phone.
Criminal Law and Procedure Jan. 25, 2007
U.S. v. Pike
In bank robbery case, court applies incorrect standard of proof in determining whether to impose sentencing enhancement for possession of firearm.
Criminal Law and Procedure Jan. 23, 2007
In re Miller
Board of Parole Hearings was not entitled to rely on unsworn hearsay statements in revoking parole.
Criminal Law and Procedure Jan. 23, 2007
In re Sodersten
Habeas corpus petition is granted where prosecution failed to disclose tape-recorded statements pertaining to key trial witnesses.
Criminal Law and Procedure Jan. 23, 2007
People v. Thomas
Court did not have a duty under 'Apprendi v. New Jersey' to instruct jury on statutory provision extending limitations period for forcible sodomy counts.
Criminal Law and Procedure Jan. 23, 2007
People v. Lopez
Collateral estoppel doctrine was properly applied in SVPA proceeding on issue of whether defendant suffered requisite qualifying prior convictions.
Criminal Law and Procedure Jan. 23, 2007
People v. Nguyen
Sentence increase is proper where prior juvenile adjudication was based on defendant's admission in juvenile court.
Criminal Law and Procedure Jan. 23, 2007