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Name Category Published
U.S. v. Granbois
Abusive sexual contact is 'crime of violence' under Career Offender Guideline.
Criminal Law and Procedure Sep. 3, 2004
U.S. v. Guidino
Criminal defendant's identity that was disclosed as result of unconstitutional stop need not be suppressed.
Criminal Law and Procedure Sep. 3, 2004
U.S. v. Wright
Extreme nature of couple's sexual exploitation of children warrants upward departure in sentencing.
Criminal Law and Procedure Sep. 2, 2004
U.S. v. Verduzco
Prosecution can use previous conviction for drug smuggling to show absence of duress, though not a material element.
Criminal Law and Procedure Sep. 2, 2004
In re Ogea
Defendant convicted of drug possession while armed is not eligible for probation under Proposition 36.
Criminal Law and Procedure Aug. 27, 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 Aug. 26, 2004
U.S. v. Marks
Defendant may be indicted based on predicate conviction that was constitutionally defective.
Criminal Law and Procedure Aug. 26, 2004
Beene v. Terhune
Revocation of sex offender's parole for failure to register does not violate his civil rights.
Criminal Law and Procedure Aug. 26, 2004
Kennedy v. Lockyer
State court's denial of full transcript of defendant's first trial for use in second has substantial and injurious effect on jury's verdict.
Criminal Law and Procedure Aug. 25, 2004
U.S. v. Doe
Court must limit restitution to amounts actually lost by identified victims.
Criminal Law and Procedure Aug. 25, 2004
U.S. v. Matthews
Burglary of an occupied building is not necessarily a crime of violence.
Criminal Law and Procedure Aug. 25, 2004
People v. Mitchell
Court will recalculate credits for defendant who was erroneously committed to drug rehabilitation center.
Criminal Law and Procedure Aug. 24, 2004
People v. Annin
Defendant's challenges to sex offender registration requirements fail.
Criminal Law and Procedure Aug. 24, 2004
People v. Majors
Defendant who posed as security guard and implicitly threatened victim with arrest to get her into vehicle is guilty of kidnapping.
Criminal Law and Procedure Aug. 24, 2004
People v. Price
'Trustworthiness' prong of Evidence Code section 1370 requires prior opportunity to cross-examine declarant.
Criminal Law and Procedure Aug. 24, 2004
People v. Carmony
Court's decision not to strike prior conviction allegation is subject to review under deferential abuse-of-discretion standard.
Criminal Law and Procedure Aug. 24, 2004
People v. Mosby
Based on totality of circumstances, defendant voluntarily admitted prior conviction despite only being advised of right to jury trial.
Criminal Law and Procedure Aug. 24, 2004
People v. Coker
Court properly calculated sentence because defendant was sentenced under three-strikes law and not under other sentencing-enhancement statutes.
Criminal Law and Procedure Aug. 24, 2004
People v. Lopez
Defendant sentenced under habitual sexual offender law may also be sentenced under one strike law.
Criminal Law and Procedure Aug. 24, 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 Aug. 24, 2004
U.S. v. Ross
Defendant was not prejudiced by government's failure to disclose evidence about key informant.
Criminal Law and Procedure Aug. 24, 2004
U.S. v. Crawford
Questioning of defendant at FBI office does not amount to custodial interrogation where defendant knows he is free to leave.
Criminal Law and Procedure Aug. 24, 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 Aug. 24, 2004
U.S. v. Kellum
Court may grant defendant charged with two indictments downward sentencing adjustment for acceptance of responsibility.
Criminal Law and Procedure Aug. 24, 2004
People v. Stewart
Death sentence for defendant is reversed due to errors in jury selection process.
Criminal Law and Procedure Aug. 23, 2004
People v. Griffin
Defendant's claim of error in jury selection for murder trial is denied.
Criminal Law and Procedure Aug. 23, 2004
In re Stevens
Parole condition that prevents child molestor from using Internet is unreasonable.
Criminal Law and Procedure Aug. 23, 2004
People v. Molina
Possession of another person's canceled credit card constitutes possession of access card account information.
Criminal Law and Procedure Aug. 23, 2004
People v. Brown
Testimony by fallen police officer's brother is admissible victim-impact evidence.
Criminal Law and Procedure Aug. 23, 2004
People v. Colt
It was not unlawful police tactic for officer to knock on door and hide in order to lure defendant outside.
Criminal Law and Procedure Aug. 23, 2004