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Name Category Published
U.S. v. Noster
Search and seizure of truck lawful where probable cause existed showing defendant had fraudulently obtained vehicle and failed to make payments. 		Criminal Law and Procedure Dec. 29, 2009
People v. Moret
Restriction of marijuana use and surrender of medical marijuana card is reasonable condition of parole and not abuse of sentencing court’s discretion. 		Criminal Law and Procedure Dec. 29, 2009
People v. Sanchez
Positioning of deputy near defendant during testimony is not inherently prejudicial where court has discretion to maintain such security measures. 		Criminal Law and Procedure Dec. 28, 2009
People v. Leal
Convictions for rape and sexual penetration by artifice stand where defendant intended to induce wife to believe that he was her husband. 		Criminal Law and Procedure Dec. 24, 2009
People v. Tarris
Trial court may order defendant convicted of unlawful disposal of hazardous waste to pay restitution for costs as condition of probation. 		Criminal Law and Procedure Dec. 23, 2009
People v. Ulloa
Co-tenancy does not constitute complete defense to burglary where there is evidence that defendant no longer had unconditional possessory interest in apartment. 		Criminal Law and Procedure Dec. 23, 2009
People v. Franco
Defendant’s personal use of controlled substances in own home does not violate statute barring maintenance of place for selling or using controlled substances. 		Criminal Law and Procedure Dec. 23, 2009
People v. Johnson
Proposed jury instruction on force is properly denied in assault case because it did not add or detract from issue of self-defense. 		Criminal Law and Procedure Dec. 23, 2009
Polanski v. Superior Court (People)
Roman Polanski's request for dismissal of criminal prosecution based on judicial misconduct is properly denied under fugitive disentitlement doctrine. 		Criminal Law and Procedure Dec. 22, 2009
People v. Bejarano
Defendant's severe depression does not excuse his duty to register annually as convicted sex offender. 		Criminal Law and Procedure Dec. 22, 2009
People v. Hernandez
Jury is not required to unanimously agree that defendant entered residence intending to commit sodomy or rape for purposes of life sentence. 		Criminal Law and Procedure Dec. 21, 2009
People v. Branner
Evidence cannot be suppressed where police relied in good faith on relevant search laws that were subsequently made unlawful. 		Criminal Law and Procedure Dec. 21, 2009
U.S. v. Bays
Idaho pardon does not expunge prior conviction from subsequent calculation of criminal history category for sentencing purposes. 		Criminal Law and Procedure Dec. 18, 2009
People v. Saleem
Statute prohibiting possession of body armor is unconstitutionally vague where statute failed to provide notice as to which vests constituted illegal armor. 		Criminal Law and Procedure Dec. 18, 2009
People v. Copass
Conviction for evading police officer with willful disregard for others’ safety stands although officer deactivated lights when he lost sight of offender. 		Criminal Law and Procedure Dec. 16, 2009
People v. Ten Thousand One Hundred Fifty Three Dollars and Thirty Eight Cents ($10,153.38) in U.S. Currency
Failure to try forfeiture proceeding in conjunction with underlying criminal offense precludes entry of order of forfeiture for $10,153.38. 		Criminal Law and Procedure Dec. 15, 2009
In re Masoner
Governor’s reversal of board’s decision to place prisoner on parole is correctly ordered vacated by court without violating due process. 		Criminal Law and Procedure Dec. 15, 2009
People v. Sanchez
Where defendant's gang participation conviction is predicated on his direct commission of robbery, Penal Code Section 654 bars his punishment for both. 		Criminal Law and Procedure Dec. 15, 2009
Pinholster v. Ayers
Ineffective assistance of counsel occurs during penalty phase where counsel failed to investigate mitigating conditions. 		Criminal Law and Procedure Dec. 14, 2009
Cox v. Ayers
Counsel who elects to pursue strategy that was not based on defendant’s limited childhood abuse does not provide ineffective assistance of counsel. 		Criminal Law and Procedure Dec. 14, 2009
People v. Limon
Guilty plea given under advisement of possible immigration consequences cannot be overturned under Penal Code Section 1016.5. 		Criminal Law and Procedure Dec. 14, 2009
People v. Butler
Jailed defendant can still represent himself in murder trial even if he has disciplinary restrictions that hinder his trial preparation. 		Criminal Law and Procedure Dec. 11, 2009
Robinson v. Kramer
Defendant who challenges court’s denial of motion to substitute counsel must separately challenge that denial as infringing on right to self-representation. 		Criminal Law and Procedure Dec. 10, 2009
People v. Cason
Pimp is still guilty of pandering if woman has only contemplated working as prostitute and if woman has engaged in prostitution before. 		Criminal Law and Procedure Dec. 9, 2009
Beard v. Kindler
State court's rejection of defendant's appeal based on firmly established state law is not inadequate simply because law is discretionary. 		Criminal Law and Procedure Dec. 9, 2009
People v. Ervine
Government search of privileged information is only violation of right to counsel if searching agency communicated the privileged information to prosecuting agency. 		Criminal Law and Procedure Dec. 8, 2009
Michigan v. Fisher
Police can reasonably enter home without warrant to render emergency assistance or protect an occupant from imminent injury. 		Criminal Law and Procedure Dec. 8, 2009
U.S. v. Curtin
Lifetime term of supervision does not constitute vindictive sentence where term was grounded in evidence and designed to protect public interest. 		Criminal Law and Procedure Dec. 6, 2009
U.S. v. Monghur
Inmate does not waive expectation of privacy to justify warrantless search where he told associate about hidden firearm during recorded conversation. 		Criminal Law and Procedure Dec. 6, 2009
People v. Fulton
Without certificate of probable cause, defendant’s admission of prior prison term allegation cannot be withdrawn, nor could its validity be attacked. 		Criminal Law and Procedure Dec. 3, 2009
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