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Name Category Published
U.S. v. Smith
Defendant's prior conviction qualified as 'violent felony' under Armed Career Criminal Act.
Criminal Law and Procedure Jun. 17, 2005
U.S. v. Gust
Warrantless search of gun case as 'single-purpose container' was unlawful.
Criminal Law and Procedure Jun. 17, 2005
Rios v. Garcia
Defendant who was sentenced to life for stealing two watches is not entitled to habeas relief.
Criminal Law and Procedure Jun. 17, 2005
U.S. v. Sandoval
Guilty plea to third-degree assault in Washington does not provide categorical basis for enhancement for crime of violence.
Criminal Law and Procedure Jun. 17, 2005
Brock v. Seling
Jury is not required to make specific findings of 'lack of control' before ordering civil commitment of sexually violent predator.
Criminal Law and Procedure Jun. 17, 2005
People v. Song
Co-defendants' improperly admitted statements incriminating each other is not harmless error if they relate to central issue of a charge.
Criminal Law and Procedure Jun. 17, 2005
U.S. v. Fredman
Attorney's admission of defendant's wrongdoing in opening statement was not ineffective assistance of counsel.
Criminal Law and Procedure Jun. 17, 2005
People v. Navarro
Imposition by court of consecutive sentences does not violate right to jury trial when based on facts found by jury.
Criminal Law and Procedure Jun. 17, 2005
People v. Monterroso
Admission of dying declaration of convenience store clerk does not violate Confrontation Clause.
Criminal Law and Procedure Jun. 17, 2005
People v. Braxton
Trial court must conduct hearing on defendant's motion for new trial on ground of jury misconduct.
Criminal Law and Procedure Jun. 17, 2005
People v. Overby
Consent to Batson-Wheeler remedy of reseating juror is implied from request that juror remain in courtroom and submission to remedy without argument.
Criminal Law and Procedure Jun. 17, 2005
Briley v. Appellate Division of the Superior Court of Los Angeles (Hermosa Beach Police Dept.)
Defendants are entitled to discovery resulting from an internal affairs investigation of the circumstances of their arrests.
Criminal Law and Procedure Jun. 17, 2005
People v. Neely
All felony violations of Penal Code Section 136.1, intimidation of victims or witnesses, are serious felonies for purposes of increased penalties.
Criminal Law and Procedure Jun. 17, 2005
People v. Adams
Trial court was not required to define 'maliciously' when defendant faced charge of battery on police dog.
Criminal Law and Procedure Jun. 17, 2005
People v. Gutierrez
Defendant who moved to suppress evidence before magistrate does not have to make motion before superior court after complaint is reinstated.
Criminal Law and Procedure Jun. 17, 2005
People v. Combs
Defendant's murder conviction and death sentence are affirmed.
Criminal Law and Procedure Jun. 17, 2005
Johnson v. California
California's 'more likely than not' standard is inappropriate to determine discrimination in jury selection.
Criminal Law and Procedure Jun. 15, 2005
Bradshaw v. Stumpf
Prosecutor's use of inconsistent theories regarding defendant and his accomplice may have affected defendant's death sentence.
Criminal Law and Procedure Jun. 15, 2005
Miller-El v. Dretke
Prosecutor's dismissal of potential jurors because they were African-American requires new trial.
Criminal Law and Procedure Jun. 15, 2005
People v. Williams
Murder conviction of defendant who caused death of passenger during high-speed police chase is reversed.
Criminal Law and Procedure Jun. 14, 2005
People v. Williams
Remand for resentencing is appropriate where trial court should have stayed count under Penal Code Section 654, even though state did not cross-appeal sentence.
Criminal Law and Procedure Jun. 14, 2005
Arthur Andersen LLP v. U.S.
Jury instructions for obstruction of justice charge must require findings of dishonesty and contemplation of legal proceeding.
Criminal Law and Procedure Jun. 13, 2005
Warrick v. Superior Court (City of Los Angeles Police Dept.)
Court did not abuse its discretion in denying defendant's request for confidential police personnel files.
Criminal Law and Procedure Jun. 8, 2005
Medellin v. Dretke
Alien's writ of certiorari was improvidently granted in light of recent international court decision and President's memorandum.
Criminal Law and Procedure May 31, 2005
People v. Pinedo
Prosecutor cannot refile felony complaint for case that was dismissed on speedy-trial grounds.
Criminal Law and Procedure May 30, 2005
People v. Wright
Excluding defense witnesses regarding defendant's state of mind, to support imperfect self-defense theory is prejudicial error requiring reversal of judgment.
Criminal Law and Procedure May 26, 2005
People v. Russell
Defendant who pushes person into path of oncoming vehicle is guilty of assault with deadly weapon.
Criminal Law and Procedure May 24, 2005
Opinion of Lockyer
Governmental entity is not required to retain biological material secured in misdemeanor case.
Criminal Law and Procedure May 20, 2005
Pasquantino v. United States
Plot to defraud foreign government of tax revenue violates federal wire fraud statute.
Criminal Law and Procedure May 10, 2005
Small v. United States
Defendant's conviction in Japan for gun smuggling did not bar him from possessing gun in United States.
Criminal Law and Procedure May 10, 2005