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Name Category Published
People v. Robertson
Trial court properly instructed jury on second-degree felony murder based on discharging firearm in grossly negligent manner. 		Criminal Law and Procedure Sep. 28, 2004
People v. Rubio
Jury instruction in defendant's perjury case that incorrectly defined 'materiality' was harmless. 		Criminal Law and Procedure Sep. 27, 2004
U.S. v. Hernandez-Hernandez
Court may review stipulated contents of motion to determine whether previous conviction counts as predicate offense. 		Criminal Law and Procedure Sep. 27, 2004
Chein v. Shumsky
False testimony by expert medical witness about specialty and number of offices is not basis for perjury conviction because it is not material. 		Criminal Law and Procedure Sep. 26, 2004
In re George T.
High school student who wrote 'dark poetry' is not guilty of making criminal threat. 		Criminal Law and Procedure Sep. 24, 2004
People v. Hoeninghaus
Police may not justify warrantless search of adult probationer with search condition unless they know of condition at time of search. 		Criminal Law and Procedure Sep. 24, 2004
People v. Wallace
Dismissal of prior conviction resulting from plea for insufficient evidence is extrinsic to decision to strike. 		Criminal Law and Procedure Sep. 24, 2004
People v. Celis
Facts known to officers before entering defendant's home did not justify protective sweep. 		Criminal Law and Procedure Sep. 24, 2004
People v. Schnathorst
Law criminalizing threats against another person applies to threats against a police officer. 		Criminal Law and Procedure Sep. 24, 2004
People v. Wilkinson
Law governing battery on custodial officers does not violate equal protection. 		Criminal Law and Procedure Sep. 24, 2004
Cody S., a Minor
When student, permitted to store items in gym locker only during class, is removed from class, no expectation of privacy exists in locker. 		Criminal Law and Procedure Sep. 24, 2004
People v. Guevara
Statute of limitations for filing false nomination paper is four years after discovery because it is fraud offense. 		Criminal Law and Procedure Sep. 24, 2004
County of Los Angeles v. Granite State Insurance Co.
Notice of bail forfeiture indicating March 6 hearing, when bail was actually forfeited at February 13 hearing, is insufficient. 		Criminal Law and Procedure Sep. 24, 2004
South Beverly Wilshire Jewelry & Loan v. Superior Court (Gordon)
Plaintiff who consigned goods without obtaining protections of commercial code is not entitled to relief after wrongful transfer. 		Criminal Law and Procedure Sep. 24, 2004
People v. Spark
Compassionate use defense does not require user of marijuana for medical purposes to present evidence that he was seriously ill. 		Criminal Law and Procedure Sep. 24, 2004
People v. Garcia
Trial court may determine during sentencing whether defendant's current conviction for first-degree burglary is violent felony for calculation of presentence credits. 		Criminal Law and Procedure Sep. 24, 2004
People v. Jordan
Anonymous telephone tip about person with concealed handgun does not have sufficient indicia of reliability to create reasonable suspicion justifying stop. 		Criminal Law and Procedure Sep. 24, 2004
Nunes v. Ashcroft
Even if district court treated petitioner's motion to reconsider as request for leave to amend, request would have been futile. 		Criminal Law and Procedure Sep. 24, 2004
People v. Leal
Defendant who used threat of hardship against child is guilty of committing lewd act. 		Criminal Law and Procedure Sep. 23, 2004
People v. Griffin
Force utilized by defendant is sufficient to sustain conviction of forcible rape. 		Criminal Law and Procedure Sep. 23, 2004
People v. Hernandez
Court need not bifurcate trial where evidence exists to prove criminal street gang but should give limiting instruction on request. 		Criminal Law and Procedure Sep. 23, 2004
People v. Montoya
Unlawful taking of vehicle is not lesser-included offense of carjacking. 		Criminal Law and Procedure Sep. 23, 2004
People v. Burroughs
Trial court erred by denying credits because record does not show defendant's waivers applied toward future prison term. 		Criminal Law and Procedure Sep. 22, 2004
People v. Superior Court (Johnson)
Application of Street Terrorism Enforcement and Prevention Act to graffiti vandals does not violate substantive due process. 		Criminal Law and Procedure Sep. 22, 2004
In re Lucas
Convicted killer's death sentence is overturned based on inadequate assistance of counsel at penalty phase of trial. 		Criminal Law and Procedure Sep. 22, 2004
Davis v. Woodford
Evidence of strangulation strongly suggests premeditation and deliberation sufficent enough to sustain first-degree murder conviction. 		Criminal Law and Procedure Sep. 21, 2004
U.S. v. Barajas-Avalos
Entering natural clearing and searching travel trailer are not violations of defendant's Fourth Amendment rights. 		Criminal Law and Procedure Sep. 20, 2004
Isley v. Arizona Dept. of Corrections
Deadline to file federal habeas petition was tolled as soon as Arizona prisoner filed notice of post-conviction relief in state court. 		Criminal Law and Procedure Sep. 20, 2004
U.S. v. Boulware
State court judgment that defendant's girlfriend held money in trust for defendant's corporation is admissible in tax evasion trial. 		Criminal Law and Procedure Sep. 15, 2004
U.S. v. Rojas-Flores
Acceptance of responsibility reduction applies to inmate convicted of possessing weapon who argued that object did not fit statutory definition. 		Criminal Law and Procedure Sep. 14, 2004
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