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Name Category Published
Tennison v. City and County of San Francisco
Homicide inspectors may not escape duty to disclose exculpatory evidence where plaintiffs were wrongly accused of murder. 		Criminal Law and Procedure Jun. 24, 2009
People v. Valdez
Disallowing probation to husband convicted of raping his spouse with foreign object does not violate equal protection. 		Criminal Law and Procedure Jun. 23, 2009
People v. Medina
Shooting death of rival gang member is reasonably foreseeable consequence of assault in gang confrontation. 		Criminal Law and Procedure Jun. 23, 2009
In re Hovanski
45-day hold placed on inmate for completion of sexually violent predator evaluation one day prior to release date is proper. 		Criminal Law and Procedure Jun. 22, 2009
District Attorney's Office for the Third Judicial District v. Osborne
Defendant does not have procedural due process right to access State's DNA evidence for post-conviction DNA testing. 		Criminal Law and Procedure Jun. 19, 2009
Yeager v. U.S.
Jury's acquittal on one count and failure to return verdict on others does not affect acquittal's preclusive force under Double Jeopardy Clause. 		Criminal Law and Procedure Jun. 19, 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 Jun. 19, 2009
U.S. v. Overton
Sexual exploitation of minor convictions not double jeopardy violation where one statute required proof of guardian status and other did not. 		Criminal Law and Procedure Jun. 19, 2009
U.S. v. Leniear
Sentence involving crack cocaine offense cannot be reduced where multi-count grouping provision precluded subsequent lowering of guideline sentencing range. 		Criminal Law and Procedure Jun. 19, 2009
People v. Mirenda
Dismissal of case for violation of defendant's right to speedy trial proper where unjustified 26-year delay resulted in actual prejudice. 		Criminal Law and Procedure Jun. 18, 2009
People v. Cortes
Substantial evidence supports jury finding that murder and attempted murder were primary activities of defendant's gang. 		Criminal Law and Procedure Jun. 18, 2009
People v. Dillon
Trial court is not required to instruct jury on defendant’s belief that consent existed where victim acted unequivocally. 		Criminal Law and Procedure Jun. 18, 2009
People v. Meredith
Trial court properly refuses to modify first degree burglary jury instruction for definition of 'inhabited house.' 		Criminal Law and Procedure Jun. 17, 2009
Holley v. Yarborough
Sixth Amendment violation found where defendant was precluded from cross-examining alleged victim regarding prior statements about sex. 		Criminal Law and Procedure Jun. 17, 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 Jun. 17, 2009
People v. Dykes
Death sentence upheld where defendant claimed police officers obtained his confession in violation of 'Miranda.' 		Criminal Law and Procedure Jun. 17, 2009
Cousins v. Lockyer
Dismissal of false imprisonment claim against former Attorney General and other government officials reversed where immunity provisions did not apply. 		Criminal Law and Procedure Jun. 16, 2009
People v. Haller
Aggregate sentence of 78 years for criminal conduct involving stalking, criminal threats, and assault not Eighth Amendment violation. 		Criminal Law and Procedure Jun. 11, 2009
People v. Hodges
Certificate of probable cause requirement not violation of due process or equal protection where defendant was statutorily entitled to trial counsel's assistance. 		Criminal Law and Procedure Jun. 11, 2009
People v. Aldana
Conviction for knowingly keeping false accounts reversed where defendant was not county officer in control of public moneys. 		Criminal Law and Procedure Jun. 10, 2009
People v. Ugalino
Attempted robbery conviction reversed where no special relationship creating obligation to protect against theft existed between roommate and owner of targeted property. 		Criminal Law and Procedure Jun. 10, 2009
Boyle v. U.S.
Jury instruction stating that proof of pattern of racketeering activity sufficient to infer existence of association-in-fact enterprise is proper. 		Criminal Law and Procedure Jun. 9, 2009
Moore v. Superior Court (People)
Defendant may not be subjected to trial as alleged sexually violent predator while mentally incompetent. 		Criminal Law and Procedure Jun. 8, 2009
People v. Taylor
Under Sexually Violent Predator Act, retroactive application of indeterminate term of commitment to individuals whose initial commitment predated amendments is constitutional. 		Criminal Law and Procedure Jun. 8, 2009
People v. Mays
Incriminating statements made by defendant after taking fake polygraph test and seeing fake test results properly admitted into evidence. 		Criminal Law and Procedure Jun. 5, 2009
People v. Gerold
Defendant who is not guilty by reason of insanity is not 'factually innocent' to permit expungement of arrest records. 		Criminal Law and Procedure Jun. 5, 2009
People v. James
California's assault rifle ban does not violate Second Amendment's right to bear arms. 		Criminal Law and Procedure Jun. 4, 2009
U.S. v. Ensminger
Case holding that sex offender registration statute exceeds Congress' Commerce Clause power is not 'fair and just' reason to withdraw guilty plea. 		Criminal Law and Procedure Jun. 4, 2009
People v. Ebaniz
Testimony of defendant convicted of same murder deemed 'newly discovered evidence' warranting reversal of judgment and new trial. 		Criminal Law and Procedure Jun. 4, 2009
H.H., a Minor
No reasonable suspicion to warrant patdown search where juvenile voluntarily states that he does not consent to search of his backpack. 		Criminal Law and Procedure Jun. 3, 2009
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