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Name Category Published
People v. Jenkins
Admission of statements made to police during illegal detention did not prejudice defendant.
Criminal Law and Procedure Jan. 18, 2005
Hemingway v. Superior Court
Defendant's motion to disqualify court cannot be denied as untimely based on court's invalid assignment of case to itself.
Criminal Law and Procedure Jan. 18, 2005
People v. Vy
Attempted murder can be predicate crime for jury's determination of 'primary activities' prong of gang enhancement.
Criminal Law and Procedure Jan. 18, 2005
People v. Lam
Prosecution does not need to prove lack of consent for offense of discharging firearm at unoccupied motor vehicle.
Criminal Law and Procedure Jan. 17, 2005
People v. Shaw
Court's decision to impose consecutive terms of imprisonment was not barred by 'Blakely.'
Criminal Law and Procedure Jan. 17, 2005
People v. Giles
Hearsay statement of witness was admissible because appellant's wrongdoing caused witness to be unavailable to testify.
Criminal Law and Procedure Jan. 14, 2005
People v. Philpot
Defendant who stole automobile with attached trailer is guilty of two counts of vehicle theft.
Criminal Law and Procedure Jan. 14, 2005
People v. Vera
Defendant's request for substitute counsel was properly denied based on failure to renew motion.
Criminal Law and Procedure Jan. 14, 2005
People v. Kleinman
Restitution order that remained unsatisfied after revocation of defendant's probation is still enforceable by victim.
Criminal Law and Procedure Jan. 12, 2005
People v. Arbacauskas
Complaint charging defendant with cultivating marijuana for sale was properly dismissed.
Criminal Law and Procedure Jan. 12, 2005
U.S. v. Ortega-Ascanio
Withdrawal of plea was justified in light of intervening decision by U.S. Supreme Court.
Criminal Law and Procedure Jan. 11, 2005
People v. Lazalde
Probation searches are invalid if officer is unaware of search condition at time of search.
Criminal Law and Procedure Jan. 11, 2005
U.S. v. Bucher
Circumstantial evidence establishes hiker's intent to interfere with rangers' investigation and arrest of fellow hiker.
Criminal Law and Procedure Jan. 11, 2005
People v. Salas
Sale of unqualified securities is general intent crime which carries knowledge requirement.
Criminal Law and Procedure Jan. 11, 2005
People v. Dove
Trial court may sentence defendant convicted of cocaine base possession to prison although jury found him not guilty of possession for sale.
Criminal Law and Procedure Jan. 11, 2005
U.S. v. Schoneberg
Prohibiting cross-examination of witness about his plea bargain violated defendant's confrontation rights.
Criminal Law and Procedure Jan. 11, 2005
U.S. v. Garcia-Beltran
Court will reconsider whether fingerprints obtained during illegal arrest should be suppressed.
Criminal Law and Procedure Jan. 11, 2005
Roland v. Superior Court (People)
Defense must provide prosecution with unrecorded oral statements of prospective witnesses.
Criminal Law and Procedure Jan. 11, 2005
U.S. v. Mann
Prosecutor failed to prove defendants' firearm possession was 'in furtherance' of drug trafficking crime.
Criminal Law and Procedure Jan. 11, 2005
People v. Callahan
Order granting new trial due to ineffective assistance of counsel is reviewed deferentially.
Criminal Law and Procedure Jan. 11, 2005
Stow v. Murashige
Defendant whose first-degree murder conviction was reversed may not be retried for attempted second-degree murder.
Criminal Law and Procedure Jan. 11, 2005
Gantt v. Roe
Court will determine whether prosecutor failed to disclose exculpatory evidence.
Criminal Law and Procedure Jan. 11, 2005
U.S. v. Vargas-Amaya
District court lacked jurisdiction to consider whether defendant violated terms of supervised release.
Criminal Law and Procedure Jan. 11, 2005
People v. Toscano
Court should have enforced defendant's plea agreement by permitting motion to strike prior conviction.
Criminal Law and Procedure Jan. 11, 2005
U.S. v. Butler
District court erred by not considering to group together counts of mail fraud and money laundering for sentencing purposes.
Criminal Law and Procedure Jan. 11, 2005
U.S. v. Smith
Search of automobile prior to arrest of speeding motorist without identification was valid.
Criminal Law and Procedure Jan. 11, 2005
People v. Lopez
Trial court did not err by instructing jury that masturbation can occur through clothing.
Criminal Law and Procedure Jan. 11, 2005
People v. Knox
Court that advised defendant of restitution fine prior to acceptance of plea did not violate plea bargain.
Criminal Law and Procedure Jan. 11, 2005
People v. Page
Defendants who threatened robbery victim with pencil to neck are guilty of assault with deadly weapon.
Criminal Law and Procedure Jan. 11, 2005
People v. Wallace
Statute imposing court security fee on person convicted of crime committed before effective date is not ex post facto law.
Criminal Law and Procedure Jan. 10, 2005