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Name Category Published
U.S. v. Borowy
Objectively reasonable expectation of privacy in computer files shared with public does not exist despite defendant’s subjective intention to prohibit sharing.
Criminal Law and Procedure Feb. 17, 2010
U.S. v. Norwood
Although error was ultimately harmless, affidavit proving alleged drug seller’s illegitimate income is testimonial and thus erroneously admitted into evidence.
Criminal Law and Procedure Feb. 17, 2010
People v. Beaty
Proposition 36 probation participant is not necessarily unamenable for treatment because he requires medicinal marijuana use.
Criminal Law and Procedure Feb. 16, 2010
People v. Ayala
Under natural and probable consequences doctrine, aider and abettor for planned gang attack is liable when perpetrator commits murder by firing gun.
Criminal Law and Procedure Feb. 16, 2010
People v. Lexington National Insurance Corp.
Defendant's custody in other jurisdiction constitutes 'temporary disability' requiring court to order tolling of period for vacating forfeiture and exonerating bail bond.
Criminal Law and Procedure Feb. 16, 2010
People v. Paz
Defendant who abandoned methamphetamine for fear of physical injury or arrest cannot claim transitory possession as defense to crime of possession.
Criminal Law and Procedure Feb. 12, 2010
People v. Reynolds
Counsel who concedes that client’s petition is frivolous does not provide ineffective assistance where dismissal is obviously inescapable.
Criminal Law and Procedure Feb. 12, 2010
People v. Soria
Although three cases were resolved jointly by plea bargain, defendant is still required to pay three separate restitution fines.
Criminal Law and Procedure Feb. 12, 2010
People v. Trujillo
Actual knowledge of specific victim’s risk of battery is not necessary for defendant to be guilty of assault of reasonably foreseeable victim.
Criminal Law and Procedure Feb. 11, 2010
People v. Sanderson
Defendant is not entitled to discovery of police officers' personnel records where he failed to present plausible factual scenario of specific misconduct.
Criminal Law and Procedure Feb. 11, 2010
People v. Superior Court (Sparks)
Nonmutual collateral estoppel does not apply to verdicts in criminal cases.
Criminal Law and Procedure Feb. 9, 2010
People v. Bell
Counsel of defendant whose competency is in doubt, rather than court, must decide whether defendant should testify as to his own competency.
Criminal Law and Procedure Feb. 8, 2010
Eulloqui v. Superior Court (People)
Defendant is entitled to due process review because key witness in trial may have been undisclosed paid informant of state.
Criminal Law and Procedure Feb. 5, 2010
People v. Gomez
Probation report which showed that defendant failed to report to probation officer, pay restitution, or verify employment is admissible documentary material.
Criminal Law and Procedure Feb. 5, 2010
People v. Leon
Probation conditions that do not contain knowledge requirement for gang-related activities are unconstitutionally vague.
Criminal Law and Procedure Feb. 4, 2010
People v. Aguilar
Burglar of apartment whose resident was temporarily relocated due to fire in another unit is properly convicted of first-degree burglary.
Criminal Law and Procedure Feb. 4, 2010
People v. Navarrete
Curative jury instruction striking detective-witness’s testimony regarding inadmissible statement is not effective to eliminate jury’s belief that statement was confession by defendant.
Criminal Law and Procedure Feb. 3, 2010
U.S. v. Ressam
Court vacates sentence imposed on defendant convicted in relation to terrorist plot because district court failed to address government's arguments.
Criminal Law and Procedure Feb. 3, 2010
U.S. v. Loew
Restraint of victim enhancement is proper where third party restrained victim while executing defendant’s demand to convince victim to drop charges.
Criminal Law and Procedure Feb. 3, 2010
U.S. v. Contreras
Three-judge panel exceeds its authority when overruling cases decided after 1993 amendment to U.S. Sentencing Guidelines.
Criminal Law and Procedure Feb. 3, 2010
U.S. v. Terrell
Sexual assault conviction qualifies as 'violent felony' under Armed Career Criminal Act, subjecting defendant to enhanced sentence.
Criminal Law and Procedure Feb. 3, 2010
In re Watson
Court's imposition of upper terms violates defendant's Sixth Amendment rights where court was notified of U.S. Supreme Court’s decision of new law.
Criminal Law and Procedure Feb. 3, 2010
People v. Leon
Probation conditions that do not contain knowledge requirement for gang-related activities are unconstitutionally vague.
Criminal Law and Procedure Feb. 3, 2010
People v. Delgado
County has jurisdiction and does not violate defendant’s vicinage right where multiple offenses are committed in different counties.
Criminal Law and Procedure Feb. 2, 2010
People v. Sisuphan
Trial court does not err in declining to instruct jury that intent to restore property constitutes defense to embezzlement.
Criminal Law and Procedure Feb. 2, 2010
In re E.J.
Enforcement of residency restrictions on registered sex offender parolees, who were convicted before enactment of new requirements, is not impermissible retroactive application.
Criminal Law and Procedure Feb. 2, 2010
U.S. v. Napulou
Prohibition on contact with anyone convicted of misdemeanor as special condition for supervised release is not reasonably related to defendant’s rehabilitation.
Criminal Law and Procedure Feb. 2, 2010
People v. Hernandez
Bar on prosecution does not apply to misdemeanor cases proceeding on existing felony information where no new charges or information were filed.
Criminal Law and Procedure Feb. 2, 2010
People v. C.S.A.
Trial court improperly dismisses criminal proceeding based on 'cooperation' agreement between defendant and police department, which district attorney did not authorize.
Criminal Law and Procedure Feb. 1, 2010
People v. Nero
Aider and abettor may be guilty of lesser homicide-related offenses than those that actual perpetrator committed.
Criminal Law and Procedure Jan. 29, 2010