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Name Category Published
U.S. v. LaFromboise
Until district court enters amended judgment of conviction, defendant's motion for habeas relief is premature rather than untimely.
Criminal Law and Procedure Jan. 6, 2006
U.S. v. Ortiz-Hernandez
District court erred in denying government's motion to compel defendant to provide another set of fingerprint exemplars for new federal charges.
Criminal Law and Procedure Jan. 6, 2006
U.S. v. Collins
Absent actual evidence of criminal association, there was insufficient evidence of probable cause to support arrest of suspect.
Criminal Law and Procedure Jan. 6, 2006
Oscar R., a Minor
Provision of Proposition 21 does not expand potential penalties for probation violation and thus does not violate ex post fact laws.
Criminal Law and Procedure Jan. 4, 2006
People v. Willie
Court may not grant motion ordering police department to release felon's money to Victim Compensation Board to pay restitution fine.
Criminal Law and Procedure Dec. 29, 2005
In re Moore
New standard for admission of hearsay evidence does not apply retroactively to petitioner's writ of habeas corpus.
Criminal Law and Procedure Dec. 29, 2005
People v. Ribera
Anal penetration through clothing is considered sodomy in violation of Penal Code.
Criminal Law and Procedure Dec. 29, 2005
Kenneth S., a Minor
Juvenile questioned alone in room in police station to which he came voluntarily was not in custody.
Criminal Law and Procedure Dec. 29, 2005
Bradshaw v. Richey
Court of appeal erred in holding that doctrine of transferred intent was inapplicable to aggravated felony murder under Ohio law.
Criminal Law and Procedure Dec. 28, 2005
People v. Heath
Knowledge that firearm is loaded and operable is not required element of Health and Safety Code Section 11370.1(a).
Criminal Law and Procedure Dec. 28, 2005
People v. Superior Court (Ferguson)
Person who flees from officer attempting lawful arrest can be charged with 'willful resistance.'
Criminal Law and Procedure Dec. 28, 2005
People v. Smith
Court's failure to give unanimity instruction to jury during sexual abuse trial was prejudicial.
Criminal Law and Procedure Dec. 28, 2005
People v. Maestas
Defendant's prior conviction for failure to appear was admissible at trial for impeachment purposes.
Criminal Law and Procedure Dec. 28, 2005
People v. Delgadillo
Evidence that defendant had firearms at residence where he kept cash proceeds of methamphetamine manufacturing operation suffices for firearm enhancement.
Criminal Law and Procedure Dec. 28, 2005
People v. Harrisson
Condition of probation precluding possessor of child pornography from accessing Internet was not unduly restrictive.
Criminal Law and Procedure Dec. 28, 2005
Bonner v. Carey
Convict who filed untimely habeas petition is not entitled to statutory tolling under applicable statute.
Criminal Law and Procedure Dec. 19, 2005
U.S. v. Bergeson
Government may not make defense attorney testify to grand jury about whether her client knew trial date when he jumped bail.
Criminal Law and Procedure Dec. 19, 2005
U.S. v. Allen
Admission of co-conspirator's statements made during and in furtherance of conspiracy did not violate defendant's rights under Confrontation Clause.
Criminal Law and Procedure Dec. 19, 2005
U.S. v. Jose
Conviction on lesser included predicate felonies does not bar retrial of greater offense charged in same indictment and tried with lesser offenses.
Criminal Law and Procedure Dec. 19, 2005
Moormann v. Schriro
Defendant sufficiently asserted cause to excuse procedural default of claims that were not raised by his counsel.
Criminal Law and Procedure Dec. 15, 2005
Carty v. Nelson
Government may use documentary evidence at civil commitment hearing for sexually violent predator.
Criminal Law and Procedure Dec. 15, 2005
Plumlee v. Del Papa
Distrust arising from defendant's objectively reasonable belief that counsel is leaking information provides basis for substitution of counsel.
Criminal Law and Procedure Dec. 15, 2005
Merced v. McGrath
Dismissal of prospective juror for his belief in exercising power of jury nullification was proper.
Criminal Law and Procedure Dec. 15, 2005
U.S. v. Rivera-Guerrero
Mentally ill offender had constitutional right not to be involuntarily medicated in absence of full and fair hearing.
Criminal Law and Procedure Dec. 15, 2005
U.S. v. Vidal
Conviction for unlawful taking of vehicle under California law qualifies as aggravated felony for sentencing purposes.
Criminal Law and Procedure Dec. 15, 2005
Doe 1 v. Superior Court (Roman Catholic Archbishop of Los Angeles)
Disclosure of church documents concerning priests accused of molestation violated mediation confidentiality privilege.
Criminal Law and Procedure Dec. 14, 2005
People v. Accredited Surety and Casualty Co.
Surety's motion to vacate forfeiture of bail bond is denied for citing inapplicable statute.
Criminal Law and Procedure Dec. 14, 2005
U.S. v. Dare
Imposition of mandatory minimum sentence using preponderance of evidence standard did not violate convict's constitutional rights.
Criminal Law and Procedure Dec. 14, 2005
Jackson v. Roe
District court will reconsider whether to stay proceedings on petitioner's 'mixed' habeas petition.
Criminal Law and Procedure Dec. 14, 2005
People v. Buser
Imposition of upper term sentence did not violate defendant's Sixth Amendment right to jury trial.
Criminal Law and Procedure Dec. 14, 2005