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Name Category Published
People v. Germany
'Newly discovered evidence' is evidence that could not have been discovered with reasonable diligence prior to judgment.
Criminal Law and Procedure Jan. 25, 2006
Hall v. Superior Court (People)
Compton court practice of requiring motions to be filed and heard 30 days before trial is invalid.
Criminal Law and Procedure Jan. 25, 2006
People v. McCoy
Readback of testimony over defense objection did not violate accused's constitutional rights.
Criminal Law and Procedure Jan. 25, 2006
People v. Ranger Insurance Co.
Appearance in office of clerk of court is not equivalent to appearance in court for purpose of exonerating bail bond.
Criminal Law and Procedure Jan. 25, 2006
People v. Hale
Search warrant was valid because officer's oath implied facts in statement of probable cause were true.
Criminal Law and Procedure Jan. 25, 2006
People v. Hallquist
Court may allow officer testifying as expert on accuracy of blood alcohol test device to recite statement found on test solution container.
Criminal Law and Procedure Jan. 24, 2006
In re Kinnamon
Man convicted of attempted murder is entitled to have counsel appointed for preparation of motion for DNA testing.
Criminal Law and Procedure Jan. 24, 2006
People v. Daggs
There was no unlawful search when police removed battery from abandoned cell phone to view identification numbers.
Criminal Law and Procedure Jan. 24, 2006
People v. Davey
Single act of indecent exposure constitutes only one crime for purpose of sentencing, regardless of number of witnesses.
Criminal Law and Procedure Jan. 24, 2006
People v. Rowell
Court may accept defense counsel's representation that defendant wants court trial of sexually violent predator proceeding without obtaining personal waiver.
Criminal Law and Procedure Jan. 24, 2006
People v. Hunter
Probable cause to search interior of automobile for drugs also extended to trunk.
Criminal Law and Procedure Jan. 24, 2006
People v. Thomas
Purse snatch from victim's person satisfies force provision of crime of robbery where force is sufficient to overcome victim's resistance.
Criminal Law and Procedure Jan. 24, 2006
People v. White
Evidence that victim feared harm in absence of compliance was sufficient to support assailant's conviction for oral copulation by future threats.
Criminal Law and Procedure Jan. 24, 2006
Kiperman v. Klenshetyn
Because bail bondsman showed good cause for surrender, court erred when it ordered return of premiums paid.
Criminal Law and Procedure Jan. 24, 2006
U.S. v. Allen
District court erred by not making proper findings when considering sentencing enhancement.
Criminal Law and Procedure Jan. 20, 2006
People v. Medina
Defendant's specific intent to kidnap victims during attempted carjacking support conviction for attempted kidnapping.
Criminal Law and Procedure Jan. 19, 2006
People v. Rodgers
Sheriff deputy acting on information from anonymous tipster was justified in making investigatory vehicle stop.
Criminal Law and Procedure Jan. 19, 2006
People v. Medina
Felony convictions for which defendant had not yet been sentenced still count as 'strikes' under Three Strikes law.
Criminal Law and Procedure Jan. 19, 2006
U.S. v. Ruiz
Third party's consent to search of another's belongings is valid if consenting party has either actual or apparent authority to give consent.
Criminal Law and Procedure Jan. 18, 2006
U.S. v. Johal
Grocer may be convicted for selling pseudoephedrine with reasonable cause to believe it would be used to make methamphetamine.
Criminal Law and Procedure Jan. 18, 2006
U.S. v. Norris
Insufficient evidence existed to corroborate offender's confession as to one count of sexual abuse of minor.
Criminal Law and Procedure Jan. 18, 2006
Bradley v. Henry
In camera conference to consider replacement of counsel conducted without defendant violates due process.
Criminal Law and Procedure Jan. 18, 2006
U.S. v. Davis
Guilty plea can be withdrawn prior to sentencing when defense counsel grossly mischaracterizes possible sentence.
Criminal Law and Procedure Jan. 17, 2006
Evans v. Chavis
Statute of limitations applicable to prisoner's delayed habeas petition was not tolled because application was not 'pending' during delay.
Criminal Law and Procedure Jan. 12, 2006
Brown v. Sanders
Jury's consideration of invalid special circumstances was not unconstitutional when remaining circumstances alone rendered convict eligible for death.
Criminal Law and Procedure Jan. 12, 2006
Rayyis v. Superior Court (People)
Proposition 8 does not abrogate corpus delicti requirement at preliminary hearings.
Criminal Law and Procedure Jan. 10, 2006
U.S. v. Delaney
Possession of short-barreled shotgun qualifies as crime of violence for sentencing purposes.
Criminal Law and Procedure Jan. 6, 2006
U.S. v. Velasquez-Reyes
Second degree arson under Washington law is categorically crime of violence.
Criminal Law and Procedure Jan. 6, 2006
Summerlin v. Schriro
Counsel's failure to present mitigating evidence at penalty phase of capital murder trial violated convict's Sixth Amendment rights.
Criminal Law and Procedure Jan. 6, 2006
Musladin v. Lamarque
Offender's right to fair trial by impartial jury was violated when court spectators were permitted to wear buttons depicting deceased.
Criminal Law and Procedure Jan. 6, 2006