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Name Category Published
People v. Briceno
Additions to list of serious felonies include felony committed for benefit of gang and active participation in gang.
Criminal Law and Procedure Jan. 9, 2005
U.S. v. Adams
Individual can be guilty of violating federal forest regulation pertaining to groups.
Criminal Law and Procedure Jan. 9, 2005
People v. Adams
Admission of victim's statements to sheriff deputy violates defendant's right to confront witnesses against him.
Criminal Law and Procedure Jan. 7, 2005
People v. Poslof
State must prove actual knowledge of sex offender's duty to register in location of each residence but not length of stay.
Criminal Law and Procedure Jan. 5, 2005
People v. Joy
Imposition of upper term does not require jury findings of aggravating circumstances.
Criminal Law and Procedure Jan. 4, 2005
U.S. v. Ameline
Defendant convicted of conspiring to distribute drugs is entitled to jury trial regarding amount of drugs.
Criminal Law and Procedure Jan. 3, 2005
People v. Aguilar
Defendant who dragged victim to unlit area to rape her without detection is guilty of aggravated kidnapping.
Criminal Law and Procedure Dec. 30, 2004
People v. Brown
Expert testimony regarding battered women's syndrome is admissible despite single instance of domestic violence.
Criminal Law and Procedure Dec. 28, 2004
Florida v. Nixon
Attorney's concession of client's guilt without express consent is not automatically ineffective assistance of counsel.
Criminal Law and Procedure Dec. 14, 2004
People v. Sample
Defendant is barred from raising claim of 'Blakely' error on appeal.
Criminal Law and Procedure Dec. 8, 2004
Blair v. Superior Court (People)
County's failure to resend juror questionnaires to nonresponders cannot be basis for court's finding of systematic exclusion.
Criminal Law and Procedure Dec. 7, 2004
Medina v. Hornung
State court's harmless error determination can be unreasonable application of federal law only after determination of objective unreasonableness and Brecht analysis.
Criminal Law and Procedure Dec. 6, 2004
U.S. v. Cunag
Defendant had no reasonable expectation of privacy in hotel room procured with forged documents and dead woman's credit card.
Criminal Law and Procedure Dec. 5, 2004
Casey v. Moore
Petitioner did not fairly present federal claims when raised for first time in petition for discretionary review to state supreme court.
Criminal Law and Procedure Dec. 5, 2004
People v. Sheek
Paroled defendant who did not receive 90 days' treatment cannot be categorized as mentally disordered offender.
Criminal Law and Procedure Dec. 5, 2004
People v. Jones
Defendant's acknowledgment in plea agreement that he may be exposed to statutory maximum sentence is sufficient factual basis for sentence.
Criminal Law and Procedure Dec. 5, 2004
People v. Williams
Prior conviction enhancement may be added to defendant's third strike sentence for each new offense.
Criminal Law and Procedure Dec. 5, 2004
People v. Wallace
Spouse can be guilty of vandalism to community and separate property inside marital home.
Criminal Law and Procedure Dec. 5, 2004
People v. Stone
Restraining order issued after jury instructions but before jury voted to convict is invalid.
Criminal Law and Procedure Dec. 5, 2004
People v. Pleasant
Defendant who lived with probationer had no reasonable expectation of privacy in shared areas of residence.
Criminal Law and Procedure Dec. 5, 2004
In re D.W.
Material witness committed for being uncooperative must have counsel and opportunity to challenge allegations.
Criminal Law and Procedure Dec. 5, 2004
Stevenson v. Lewis
State court's decision to apply vicinage clause is not contrary to federal law where no Supreme Court precedent exists.
Criminal Law and Procedure Nov. 30, 2004
U.S. v. Montgomery
Defendant's conviction is reversed because evidence admitted against him violated marital privilege.
Criminal Law and Procedure Nov. 30, 2004
People v. Philpot
Defendant who stole automobile with attached trailer is guilty of two counts of vehicle theft.
Criminal Law and Procedure Nov. 30, 2004
U.S. v. Camper
Defendant who falsified questionnaire to obtain airport security badge is guilty of making false statement.
Criminal Law and Procedure Nov. 30, 2004
Hunt v. Pliler
District court abused its discretion in dismissing habeas petition without making de novo review of magistrate judge's order.
Criminal Law and Procedure Nov. 30, 2004
Swift v. State of California
Parole officers are not absolutely immune from suits arising from conduct distinct from their parole authority.
Criminal Law and Procedure Nov. 29, 2004
U.S. v. Atondo-Santos
Court reassignment is appropriate when district court attempted to impose identical sentence after its two previous sentences were reversed.
Criminal Law and Procedure Nov. 29, 2004
U.S. v. Hayes
Defendant is not entitled to reimbursement of restitution payments he made subject to criminal judgment that was later vacated.
Criminal Law and Procedure Nov. 29, 2004
People v. Pantoja
Woman's translated statements in application for restraining order, custody, and child support made before her boyfriend killed her, are not trustworthy.
Criminal Law and Procedure Nov. 29, 2004