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Name Category Published
Scott v. Schriro
Dismissal of petition for federal review is improper where 'adequate and independent' state procedure was inconsistently applied. 		Criminal Law and Procedure Jun. 3, 2009
U.S. v. SDI Future Health Inc.
Corporate executives challenging police search must show some 'personal connection' to company premises not reserved for their exclusive use. 		Criminal Law and Procedure Jun. 2, 2009
U.S. v. Begay
Insufficient evidence to establish premeditation where there was no evidence of motive, planning activity, or particular manner of killing. 		Criminal Law and Procedure Jun. 2, 2009
People v. Ten Thousand One Hundred Fifty Three Dollars and Thirty Eight Cents ($10,153.38) in U.S. Currency
Summary judgment improper where forfeiture issue not resolved in jury trial after defendant sustained criminal conviction. 		Criminal Law and Procedure Jun. 1, 2009
Bobby v. Bies
Issue preclusion not applicable where intervening law bars execution of mentally retarded offenders, warranting another hearing as to defendant's mental state. 		Criminal Law and Procedure Jun. 1, 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 Jun. 1, 2009
People v. Gutierrez
Instructional error does not require reversal where defendant's conviction for battery against custodial officer was based on valid ground. 		Criminal Law and Procedure May 31, 2009
People v. Vasilyan
Defendant's 1994 conviction for Penal Code Section 422.7 violation vacated as statute is penalty provision and does not identify any substantive crime. 		Criminal Law and Procedure May 31, 2009
People v. McLernon
Court must consider all relevant evidence, including post-probation conduct, when deciding whether to expunge record of conviction. 		Criminal Law and Procedure May 31, 2009
In re Nunez
Sentence of life imprisonment without parole imposed on 14 year-old defendant for non-homicide, no-injury offense deemed 'cruel and unusual'. 		Criminal Law and Procedure May 28, 2009
U.S. v. Medina-Villa
Sexual offense against child under 14 remains 'crime of violence' warranting sixteen-level increase even though statutory rape convictions now exempt. 		Criminal Law and Procedure May 28, 2009
U.S. v. Lomeli-Mences
Admission in plea agreement as to specific date defendant reentered the U.S. after deportation cannot later be disputed. 		Criminal Law and Procedure May 28, 2009
People v. Hairston
Multiple convictions proper for evasion of multiple police officers in one continuous chase. 		Criminal Law and Procedure May 27, 2009
People v. Robertson
Trial court properly imposes 10 percent administrative fee to cover cost of collecting 'restitution fine.' 		Criminal Law and Procedure May 27, 2009
People v. Dean
Expert medical testimony of details contained in unauthenticated hospital records deemed harmless error. 		Criminal Law and Procedure May 26, 2009
People v. Bryant
Accused is entitled to conduct credits from date of competency recommendation where certification of restoration not yet filed. 		Criminal Law and Procedure May 26, 2009
Abuelhawa v. U.S.
Defendant's use of telephone to secure misdemeanor drug purchases does not 'facilitate' felony drug distribution under Controlled Substances Act. 		Criminal Law and Procedure May 26, 2009
Montejo v. Louisiana
<EM>Michigan v. Jackson</EM> overruled where subsequent waiver of right to counsel is invalid once counsel is appointed. 		Criminal Law and Procedure May 26, 2009
U.S. v. Jefferson
Addressee's possessory interest in mail package not violated where probable cause established prior to delivery deadline. 		Criminal Law and Procedure May 26, 2009
People v. Sisneros
Court properly calls witness to permit jury to draw negative inferences from her refusal to testify in gang case. 		Criminal Law and Procedure May 25, 2009
People v. Cadogan
Court properly allows conditional examination of dying witness despite suspension of criminal proceedings to determine defendant's competence. 		Criminal Law and Procedure May 21, 2009
U.S. v. Price
Defendant's constitutional rights violated where lead witness' criminal history not disclosed despite prosecutor's inability to recall what information he personally possessed. 		Criminal Law and Procedure May 21, 2009
People v. Paysinger
Flight instruction is constitutional and does not presuppose that charged crime was committed. 		Criminal Law and Procedure May 21, 2009
People v. Mena
Defendant waives right to pretrial lineup where petition for preliminary writ regarding adverse ruling not timely filed. 		Criminal Law and Procedure May 20, 2009
Byrd v. Maricopa County Sheriff's Dept.
Cross-gender search of inmate for contraband does not violate substantive due process under Eighth Amendment's ban against cruel and unusual punishment. 		Criminal Law and Procedure May 19, 2009
People v. Castellanos
Courts must impose six additional penalties where defendant is required to pay Penal Code Section 1202.5(a)'s $10 fine for theft related conviction. 		Criminal Law and Procedure May 19, 2009
U.S. v. Maness
Improper denial of defendant's motion to proceed pro se at sentencing is subject to harmless error analysis. 		Criminal Law and Procedure May 19, 2009
V.C. v. Superior Court (People)
Dismissal of juvenile petition where plea bargain was fully executed constitutes abuse of discretion. 		Criminal Law and Procedure May 19, 2009
People v. Ranscht
Mandatory registration for sexual penetration of 13 year old but not for unlawful sexual intercourse with victim of same age violates equal protection. 		Criminal Law and Procedure May 18, 2009
People v. Valladares
Statute criminalizing manufacture, distribution, and sale of false immigration documents as felony not implicitly repealed by statue criminalizing same conduct as misdemeanor. 		Criminal Law and Procedure May 18, 2009
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