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Name Category Published
Yee v. Duncan
Where prosecutor failed to offer gender-neutral explanation for peremptory challenge, district court properly granted defendant's writ of habeas corpus. 		Criminal Law and Procedure Jun. 14, 2006
U.S. v. Valerio
Conviction for felon in firearm possession is proper where prior state conviction was not invalidated. 		Criminal Law and Procedure Jun. 14, 2006
U.S. v. Bridgeforth
In distribution of controlled substance case, court's limitations on impeachment of informant did not violate defendant's right of confrontation. 		Criminal Law and Procedure Jun. 14, 2006
Jensen v. Pliler
Confrontation Clause did not bar admission of hearsay statements by deceased declarant made to his attorney. 		Criminal Law and Procedure Jun. 14, 2006
Buckley v. Terhune
Defendant was entitled to enforce term of plea agreement regarding sentencing where ambiguity providing for longer sentence was fault of district attorney. 		Criminal Law and Procedure Jun. 13, 2006
Zedner v. U.S.
Because defendant may not prospectively waive application of Speedy Trial Act, his waiver 'for all time' was ineffective. 		Criminal Law and Procedure Jun. 9, 2006
U.S. v. Mix
In kidnapping and aggravated sexual abuse case, life sentence was reasonable where court considered factors beyond sentencing guidelines. 		Criminal Law and Procedure Jun. 7, 2006
People v. Oates
Sentence enhancement for great bodily injury can be applied multiple times despite single injury. 		Criminal Law and Procedure Jun. 7, 2006
Edwards v. Warden
District court properly found there was reasonable probability that, but for counsel's ineffective assistance, defendant would have received different verdict. 		Criminal Law and Procedure Jun. 7, 2006
People v. Najera
Court's failure to give sua sponte jury instruction on inference pertaining to possession of recently stolen property was not erroneous. 		Criminal Law and Procedure Jun. 6, 2006
People v. Evans
Defendant's rights were not violated where judge complied with Penal Code Section 1200 but did not allow defendant to speak after beginning to pronounce sentence. 		Criminal Law and Procedure Jun. 6, 2006
People v. Ristau
Court was not required to instruct jury that sale of unregistered securities included scienter element. 		Criminal Law and Procedure Jun. 6, 2006
People v. Anzalone
Defense counsel provided ineffective assistance when he failed to object to misstatement of law. 		Criminal Law and Procedure Jun. 6, 2006
U.S. v. Bad Marriage
Court's imposition of more severe sentence on remand is proper where it concluded defendant was extremely dangerous. 		Criminal Law and Procedure Jun. 6, 2006
U.S. v. Bear
Defendant's conviction is not proper where court's failure to give jury sua sponte instruction on public authority defense was plain error. 		Criminal Law and Procedure Jun. 6, 2006
U.S. v. Jennings
Bank robber's statement to teller that he had gun qualified as threat of death and subjected him to two-level sentencing enhancement. 		Criminal Law and Procedure Jun. 6, 2006
People v. Carmichael
Security fee under Penal Code Section 1465.8 could not be applied retroactively to conviction for offense occurring before effective date of statute. 		Criminal Law and Procedure Jun. 5, 2006
U.S. v. Lopez-Perera
Defendant's conviction for possessing firearm while unlawfully in United States is not proper because at time charged, he had not entered country. 		Criminal Law and Procedure Jun. 5, 2006
U.S. v. Morales-Perez
Statute prohibiting possession or purchase of cocaine base is not categorically drug trafficking offense for sentence enhancement purposes. 		Criminal Law and Procedure Jun. 5, 2006
Morales v. Hickman
Requirement that anesthesiologist be present during execution sufficiently ensured condemned would not be subject to undue risk of extreme pain. 		Criminal Law and Procedure Jun. 5, 2006
People v. Allegheny Casualty Co.
Forfeiture of bail must be set aside where Penal Code requires declaration that bail is forfeited 'in open court'. 		Criminal Law and Procedure Jun. 4, 2006
People v. Rubics
Restitution to victim's family was proper in hit and run case because loss was incurred as result of commission of crime. 		Criminal Law and Procedure May 29, 2006
People v. Lee
Despite being inmate himself, offender was properly convicted of conspiracy to furnish controlled substance to persons in custody. 		Criminal Law and Procedure May 29, 2006
Brigham City v. Stuart
Police may enter home without warrant when they have objectively reasonable belief that occupant is seriously injured or threatened with serious injury. 		Criminal Law and Procedure May 25, 2006
People v. Hiscox
Ex post facto claim is proper where prosecutor failed to establish that sentence statute was in effect at time of defendant's offenses. 		Criminal Law and Procedure May 24, 2006
U.S. v. Hagege
Court committed error in viewing U.S. Sentencing Guidelines as mandatory when sentencing defendant for fraud. 		Criminal Law and Procedure May 24, 2006
Freeman on H.C.
Order 		Criminal Law and Procedure May 23, 2006
People v. Johnson
In suppression hearing, prosecution may present investigating officer's affidavit in lieu of live testimony. 		Criminal Law and Procedure May 23, 2006
People v. McGee
Defendant is entitled to jury trial on factual issues regarding prior convictions used to enhance sentence. 		Criminal Law and Procedure May 23, 2006
People v. Shabazz
Defendant sentenced to life without parole cannot receive enhancement of 25 years to life. 		Criminal Law and Procedure May 23, 2006
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