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Name Category Published
U.S. v. Gallenardo
Mistrial denied where taped conversation containing information about other sexual allegations against defendant was played to jury. 		Criminal Law and Procedure Aug. 31, 2009
U.S. v. Comprehensive Drug Testing, Inc.
Government may not claim plain view doctrine to retain drug test records of baseball players after conducting broad seizure of computer files. 		Criminal Law and Procedure Aug. 28, 2009
U.S. v. Cardenas-Mendoza
Court errs by not striking witness testimony under Jencks Act where government failed to provide substitute for missing transcript. 		Criminal Law and Procedure Aug. 28, 2009
People v. Davis
'Rescue doctrine' renders admissible defendant's confession elicited without attorney present four days after invoking right to counsel. 		Criminal Law and Procedure Aug. 28, 2009
People v. Anderson
Double jeopardy does not bar retrial of sentencing allegation where jury convicts on substantive crime only. 		Criminal Law and Procedure Aug. 28, 2009
People v. Perez
Probation condition prohibiting defendant from being within 500 feet of any court is overbroad. 		Criminal Law and Procedure Aug. 27, 2009
People v. Hach
Jury instruction for second degree felony murder based on shooting at occupied vehicle is harmless error. 		Criminal Law and Procedure Aug. 27, 2009
People v. Cannedy
Recusal of district attorney's office is improper where prosecutor intended to offer office employee’s testimony regarding uncharged similar acts by defendant. 		Criminal Law and Procedure Aug. 27, 2009
People v. Williams
Defendant is entitled to claim of right defense jury instruction where he was charged with aiding and abetting burglary. 		Criminal Law and Procedure Aug. 27, 2009
U.S. v. George
Federal statute requiring sex offender registration effective on date of enactment, not upon date of state implementation. 		Criminal Law and Procedure Aug. 26, 2009
People v. Hovda
Instruction properly conveys 'conscious indifference' by stating that gross negligence occurs if reasonable person would know that act created risk of death. 		Criminal Law and Procedure Aug. 26, 2009
People v. Dungo
Defendant entitled to cross-examine coroner who prepared autopsy report where expert witness relied on report to form opinion. 		Criminal Law and Procedure Aug. 26, 2009
People v. Thrasher
Planning commission member does not commit perjury by failing to disclose promissory note for payment of past due rent. 		Criminal Law and Procedure Aug. 25, 2009
People v. Moye
Trial court properly refuses to instruct on heat of passion voluntary manslaughter for lack of sufficient evidence. 		Criminal Law and Procedure Aug. 25, 2009
U.S. v. Gonzalez
Evidence from warrantless vehicle search incident to passenger's arrest is suppressed where defendant was inside patrol vehicle when search occurred. 		Criminal Law and Procedure Aug. 25, 2009
U.S. v. Rivera-Ramos
Prior attempted robbery conviction in New York qualifies as 'crime of violence' for purposes of upward adjustment when calculating sentencing guidelines range. 		Criminal Law and Procedure Aug. 24, 2009
U.S. v. Saavedra-Velazquez
Felony attempted robbery conviction in California qualifies as 'crime of violence' for purposes of including upward adjustment in sentence. 		Criminal Law and Procedure Aug. 24, 2009
U.S. v. Brandau
Evidentiary hearing is required to determine mootness of policy calling for full shackling of defendant at initial appearance. 		Criminal Law and Procedure Aug. 24, 2009
People v. Moberly
Court may use same set of facts to impose aggravated sentence for manslaughter and accompanying firearm enhancement. 		Criminal Law and Procedure Aug. 21, 2009
People v. Flores
Admission of defendant's prior domestic violence convictions during murder trial does not violate prohibition of ex post facto laws. 		Criminal Law and Procedure Aug. 21, 2009
People v. Rodriguez
Defendant's sentence is reversed where two firearm enhancements were applied to commission of single offense. 		Criminal Law and Procedure Aug. 21, 2009
People v. Turrin
Defendant's motion to modify restitution amount dismissed where trial court lacked jurisdiction. 		Criminal Law and Procedure Aug. 21, 2009
People v. Rutterschmidt
Admission of scientific expert's testimony as to toxicology results contained in reports does not violate Confrontation Clause. 		Criminal Law and Procedure Aug. 20, 2009
People v. Hochanadel
Valid search warrant issued for medical marijuana dispensary where sufficient facts of illegal activity establishes probable cause. 		Criminal Law and Procedure Aug. 20, 2009
People v. Guerra
Trial court errs by requesting jury to reconsider findings on enhancement allegations where verdict was inconsistent. 		Criminal Law and Procedure Aug. 20, 2009
In re Preston
Sentence enhancements based on prior prison terms are proper where defendant failed to remain free from custody due to parole violations. 		Criminal Law and Procedure Aug. 20, 2009
People v. Wallace
Sex offender's conviction for failure to update registration is overturned where prosecution could not prove that defendant remained in California. 		Criminal Law and Procedure Aug. 20, 2009
People v. Adams
Jury instructions do not conflict where court stated that self-defense was warranted if citizen used excessive force during citizen's arrest. 		Criminal Law and Procedure Aug. 20, 2009
U.S. v. Harrison
Defendant fails to show prejudice resulting from prosecutor's improper questioning during cross-examination and vouching during closing argument. 		Criminal Law and Procedure Aug. 20, 2009
People v. Nguyen
Juvenile adjudication can be used to enhance adult sentence despite lack of right to jury trial in juvenile proceedings. 		Criminal Law and Procedure Aug. 20, 2009
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