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Name Category Published
U.S. v. Mohamed
Sentence of defendant who falsely reported terrorist threat is upheld, despite district court's departure from range of advisory sentencing guidelines.
Criminal Law and Procedure Nov. 2, 2006
Hovey v. Ayers
Where defendant admitted acts that led to death of kidnapped victim, conviction is proper even though court found errors in guilt-phase.
Criminal Law and Procedure Nov. 2, 2006
U.S. v. Battershell
In child pornography case, court's denial of motion to suppress evidence is proper where warrant application to search computer established probable cause.
Criminal Law and Procedure Nov. 1, 2006
U.S. v. Valdez-Santos
Although defendant's connection to offense ended in Central District, transfer of venue was proper in light of continuing nature of crime.
Criminal Law and Procedure Nov. 1, 2006
People v. Baldwin
Trial court's closure of courtroom during minor's testimony about sexual molestation violated defendant's Sixth Amendment right to public trial.
Criminal Law and Procedure Nov. 1, 2006
People v. Thompson
Developmentally disabled woman who had some notion of what 'sex' is was still incapable of giving legal consent.
Criminal Law and Procedure Nov. 1, 2006
People v. Matye
Person whose ability to perform normal activities is limited in some significant manner qualifies as 'dependent adult' under Penal Code Section 368.
Criminal Law and Procedure Nov. 1, 2006
People v. Jeffery
Where offender was convicted of drug possession and transportation, court should have specified reasons for not committing her to rehabilitation center.
Criminal Law and Procedure Nov. 1, 2006
U.S. v. Lyons
Mail fraud conviction is proper where defendant mailed fraudulent celebrity memorabilia to be resold.
Criminal Law and Procedure Oct. 26, 2006
King v. Lamarque
By merely challenging adequacy of state procedural rule deemed ambiguous, petitioner shifted burden to government to prove otherwise.
Criminal Law and Procedure Oct. 26, 2006
Taylor v. Lewis
Sentence of 25 years to life for possession of 0.036 grams of cocaine under Three-Strikes law does not violate Eighth Amendment.
Criminal Law and Procedure Oct. 26, 2006
U.S. v. Larson
Offenders' rights were not violated when they were prohibited from cross-examining witnesses about sentences they would receive in exchange for testimony.
Criminal Law and Procedure Oct. 26, 2006
People v. Harrisson
Condition of probation precluding possessor of child pornography from accessing Internet was not unduly restrictive.
Criminal Law and Procedure Oct. 25, 2006
People v. Maldonado
For purposes of proving pattern of criminal gang activity, assault with firearm is predicate offense under Penal Code Section 186.22(e)(1).
Criminal Law and Procedure Oct. 25, 2006
Allen v. Ornoski
Because death row inmate's 'Lackey' claim is second or successive application, it was properly dismissed.
Criminal Law and Procedure Oct. 25, 2006
U.S. v. Serna
State court conviction for possession of assault weapon was not crime of violence for purposes of Federal Sentencing Guidelines.
Criminal Law and Procedure Oct. 25, 2006
People v. Davis
Where drugs were found in garage, there was insufficient evidence to support finding that offender possessed them for sale in 'public area.'
Criminal Law and Procedure Oct. 25, 2006
People v. Ranger Insurance Co.
Denial of surety's motion to exonerate bond is not proper where it has no time constraints to file motion.
Criminal Law and Procedure Oct. 25, 2006
Carter v. Superior Court (People)
Where strict criteria was not satisfied, court could not force offender to undergo drug therapy to restore his competency for trial.
Criminal Law and Procedure Oct. 25, 2006
People v. Vance
Extension of state hospital commitment is not proper where court did not formally instruct jury on defendant's restraints in courtroom.
Criminal Law and Procedure Oct. 25, 2006
People v. Viray
While interrogation of offender did violate her right to counsel, its admission into evidence was proper for failure to object.
Criminal Law and Procedure Oct. 24, 2006
People v. Gomez
Immediate presence requirement of robbery need not be satisfied at time of initial taking of property.
Criminal Law and Procedure Oct. 24, 2006
People v. Hernandez
Trial court erred in ordering two commitments to run concurrently for accused previously found not guilty by insanity.
Criminal Law and Procedure Oct. 24, 2006
U.S. v. Menyweather
Court's downward departure of sentence on basis of offender's mental condition was not abuse of discretion.
Criminal Law and Procedure Oct. 24, 2006
U.S. v. Speelman
The court properly interpreted sentencing guidelines when it applied four-level enhancement to sexual offender.
Criminal Law and Procedure Oct. 24, 2006
U.S. v. Willis
Where officers have probable cause to believe traffic violation occurred, they may conduct traffic stop even if stop serves another purpose.
Criminal Law and Procedure Oct. 24, 2006
U.S. v. Ladwig
Defendant's prior conviction for making harassing telephone call is 'violent felony' within meaning of Armed Career Criminal Act.
Criminal Law and Procedure Oct. 24, 2006
Burnett v. Lampert
Defendant's release on parole and subsequent reimprisonment due to parole violation render his habeas corpus petition in federal court moot.
Criminal Law and Procedure Oct. 24, 2006
Espinoza-Matthews v. People
Statute of limitations for petition for writ of habeas corpus is tolled because petitioner was denied access to his legal materials.
Criminal Law and Procedure Oct. 24, 2006
In re Rocha
Offender's murder conviction is set aside because defense counsel's ineffective assistance rendered trial unfair.
Criminal Law and Procedure Oct. 24, 2006