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Name Category Published
People v. Flores
Battery by prisoner on nonprisoner is necessarily included offense of battery by gassing. 		Criminal Law and Procedure Aug. 19, 2009
U.S. v. Lopez
Court denies authorization to file 'second or successive' habeas petition raising new <EM>Brady</EM> violation claim. 		Criminal Law and Procedure Aug. 19, 2009
U.S. v. Reyes
Chief executive officer's conviction for backdating is reversed where prosecutor made false assertion of fact in closing argument. 		Criminal Law and Procedure Aug. 19, 2009
Matylinsky v. Budge
Deficient trial strategy claim fails where counsel's decision to pursue intoxication defense for murder charge was reasonable. 		Criminal Law and Procedure Aug. 19, 2009
U.S. v. Hector
Court must exercise discretion in determining which conviction to vacate where defendant's convictions violated Double Jeopardy Clause. 		Criminal Law and Procedure Aug. 19, 2009
U.S. v. Alba-Flores
Reduction of misdemeanor conviction to 'infraction nunc pro tunc' is not expungement for sentencing purposes. 		Criminal Law and Procedure Aug. 19, 2009
People v. Wagner
Trial court properly dismisses criminal case based on courtroom unavailability after refusing to interrupt ongoing civil hearing. 		Criminal Law and Procedure Aug. 18, 2009
U.S. v. Thongsy
Defendant convicted of possessing firearm in furtherance of felony where firearm was found near him in tent located on marijuana farm. 		Criminal Law and Procedure Aug. 18, 2009
People v. Burney
Admission of co-defendants' redacted statements is harmless error where defendant himself made several incriminating statements. 		Criminal Law and Procedure Aug. 17, 2009
People v. Neely
Trial court directed to hold new sentencing hearing where sentences for attempted robbery were incorrectly calculated. 		Criminal Law and Procedure Aug. 17, 2009
U.S. v. Jackson
Sentence for crack cocaine convictions is not based on guidelines sentencing range subject to reduction where mandatory minimum was waived. 		Criminal Law and Procedure Aug. 17, 2009
People v. Butler
Case consolidation properly denied where defendant's request based on likelihood that co-defendants would not oppose severance. 		Criminal Law and Procedure Aug. 14, 2009
People v. Avila
Defendant's repeated stabbing of victim is evidence of intent to kill in support of attempted murder conviction. 		Criminal Law and Procedure Aug. 14, 2009
People v. Martinez
Prosecutor's challenges for cause against prospective jurors are proper where equivocal attitude regarding death penalty impaired jurors' ability to perform duties. 		Criminal Law and Procedure Aug. 14, 2009
U.S. v. Riley
Condition for supervised release prohibiting defendant from using computer to access any material related to minors is impermissibly overbroad. 		Criminal Law and Procedure Aug. 14, 2009
People v. Moore
Statute of limitations for filing grand theft charge commences when government entity with duty to investigate and report crimes discovers offense. 		Criminal Law and Procedure Aug. 13, 2009
People v. Flores
Battery by gassing is necessarily included offense of battery by prisoner on nonprisoner. 		Criminal Law and Procedure Aug. 13, 2009
In re Antilia
Constructive filing doctrine applies to petition for writ of mandate challenging postjudgment order denying motion to conduct DNA testing. 		Criminal Law and Procedure Aug. 13, 2009
In re Johnson
Disciplinary decisions adversely impacting inmate's release on parole does not invoke right to due process. 		Criminal Law and Procedure Aug. 13, 2009
In re Richter
Ineffective assistance of counsel found where no forensic investigation or consultation was conducted prior to or during murder trial. 		Criminal Law and Procedure Aug. 12, 2009
People v. Peyton
Conviction for crime alleged in amended information is reversed where defendant had previously waived right to preliminary hearing. 		Criminal Law and Procedure Aug. 12, 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 Aug. 12, 2009
People v. Hart
Court fails to instruct jury that attempted premeditated murder must be natural and probable consequence of attempted robbery to warrant conviction. 		Criminal Law and Procedure Aug. 12, 2009
People v. Luansing
Mandatory sex offender registration for 30-year old convicted of oral copulation of 16-year old violates equal protection. 		Criminal Law and Procedure Aug. 12, 2009
People v. Neuman
'People of color' does not constitute cognizable group for purposes of attacking peremptory challenges against potential minority jurors. 		Criminal Law and Procedure Aug. 11, 2009
People v. Bhasin
Defendant is convicted of providing false evidence where he lied to obtain document that was used during cross-examination of victim. 		Criminal Law and Procedure Aug. 10, 2009
People v. Acosta
Statute imposing higher sentence is not ex post facto law where law related to defendant's status as repeat sex offender. 		Criminal Law and Procedure Aug. 10, 2009
People v. Haddad
Proposition 36 probation is revoked where defendant attempted to use alternate urine device to manipulate drug test results. 		Criminal Law and Procedure Aug. 7, 2009
People v. McWhorter
Defendant's statements made prior to officers' promise of benefit are properly admitted where confession was voluntary. 		Criminal Law and Procedure Aug. 7, 2009
U.S. v. Bassignani
For purposes of ‘Miranda,’ defendant is not 'in custody' when in workplace conference room with detective for two hour interview. 		Criminal Law and Procedure Aug. 7, 2009
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