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Name Category Published
People v. Superior Court (Mitchell)
In reaction to withholding discovery, trial court erred by failing to exhaust all other sanctions before excluding prosecution witnesses and other evidence.
Criminal Law and Procedure May 7, 2010
People v. Traugott
Denial of 12-person jury without defendant’s consent in criminal action renders unanimous conviction reversible per se.
Criminal Law and Procedure May 7, 2010
People v. Pelayo
Amendment increasing presentencing custody credit is retroactive to sentences not yet final on direct appeal at time amendment went into effect.
Criminal Law and Procedure May 7, 2010
Collins v. Runnels
Supreme Court precedent does not require severance of joint criminal trial where codefendants have mutually antagonistic defenses.
Criminal Law and Procedure May 6, 2010
U.S. v. Mousavi
Iranian Transaction Regulations conviction is supported by sufficient evidence where defendant contracted to perform services to establish business ventures in Iran.
Criminal Law and Procedure May 6, 2010
U.S. v. Struckman
Officers’ warrantless search of home in reliance on vague 911 call violates defendant’s Fourth Amendment rights.
Criminal Law and Procedure May 5, 2010
U.S. v. Stever
Court’s denial of defendant’s discovery request for government’s information regarding drug trafficking organizations violates defendant’s right to present defense.
Criminal Law and Procedure May 5, 2010
Renico v. Lett
Sixth Circuit improperly grants habeas relief where Michigan Supreme Court reasonably allowed retrial under Antiterrorism and Effective Death Penalty Act of 1996.
Criminal Law and Procedure May 4, 2010
U.S. v. Moreland
‘Proceeds’ in federal money-laundering charge must be defined as only ‘profits’ in instruction to jury.
Criminal Law and Procedure May 4, 2010
U.S. v. Rich
Pre-conviction, independent receivership order survives death of criminal defendant while restitution order does not.
Criminal Law and Procedure May 4, 2010
U.S. v. Coronado
Negligent discharge of firearm conviction does not qualify as ‘crime of violence’ with purposeful mens rea for sentencing enhancement.
Criminal Law and Procedure May 4, 2010
People v. Delgado
Defendant is entitled to receive conduct credits under amendment to Penal Code Section 4019, which went into effect after she was sentenced.
Criminal Law and Procedure May 3, 2010
People v. Davis
Special venue allegation seeking to try intercounty murders together does not only apply to serial killers.
Criminal Law and Procedure May 3, 2010
People v. Redd
Federal park police officer has authority to detain and arrest defendant on San Francisco property when arrest is located near federal property.
Criminal Law and Procedure Apr. 30, 2010
Moor v. Palmer
Amended statute determining parole eligibility does not violate ex post facto laws where it does not create significant risk of increased penalty.
Criminal Law and Procedure Apr. 30, 2010
U.S. v. Franklin
Probable cause exists for officers to believe motel room is parolee’s residence and thus subject to warrantless search.
Criminal Law and Procedure Apr. 30, 2010
People v. Williams
Court wrongly denies restitution for IRS penalties assessed against company due to former manager's failure to pay payroll taxes.
Criminal Law and Procedure Apr. 29, 2010
U.S. v. Lee
For purposes of identification fraud, it is irrelevant whether government agent who actually produced defendant’s license intended to commit fraud.
Criminal Law and Procedure Apr. 29, 2010
Hayward v. Marshall
Unlike federal law, California law requires some evidence to reject prisoner’s parole due to future dangerousness to public.
Criminal Law and Procedure Apr. 27, 2010
People v. Mathers
Genuine checks that were uncollectible due to bank account closure do not qualify as ‘fictitious’ under Penal Code Section 476.
Criminal Law and Procedure Apr. 23, 2010
People v. Tepetitla-Cruz
Jury instruction on charge of committing lewd and lascivious acts on minor properly states that consent defense does not apply.
Criminal Law and Procedure Apr. 23, 2010
U.S. v. Strickland
Docket sheet showing state conviction is properly considered in determining whether conviction was predicate offense relating to sexual abuse of minor.
Criminal Law and Procedure Apr. 20, 2010
People v. Yokely
Trial court properly finds that in-court identification testimony is admissible where identifications had origins independent of illegal live lineup.
Criminal Law and Procedure Apr. 19, 2010
People v. King
Court’s error in admitting evidence of uncharged incident involving defendant to show intent is harmless where other overwhelming evidence supports guilty conviction.
Criminal Law and Procedure Apr. 19, 2010
People v. Hernandez
Jury instruction on provocation is not misleading where jury understood that provocation was relevant to issue of premeditation.
Criminal Law and Procedure Apr. 19, 2010
People v. Shafrir
Inventory search is valid where officers seized vehicle for safekeeping because neighborhood in which driver was arrested was too dangerous.
Criminal Law and Procedure Apr. 16, 2010
People v. Taylor
Statements made at prior court-compelled competency hearing may be used by prosecution to rebut testimony offered by defense at sentencing phase.
Criminal Law and Procedure Apr. 16, 2010
U.S. v. Alderman
Prior first degree theft conviction is ‘violent felony/crime of violence’ that contributes to upward adjustment of sentence.
Criminal Law and Procedure Apr. 16, 2010
U.S. v. Velasquez-Bosque
State carjacking conviction constitutes ‘crime of violence’ under Sentencing Guidelines, subjecting defendant to enhanced penalty.
Criminal Law and Procedure Apr. 16, 2010
People v. Becker
‘Ecstasy,’ which contains methamphetamine, qualifies as controlled substance or analog of controlled substance sufficient to uphold conviction for possession.
Criminal Law and Procedure Apr. 15, 2010