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Name Category Published
People v. Curl
No right to jury trial or application of beyond a reasonable doubt standard to determine constitutional validity of prior conviction in capital case.
Criminal Law and Procedure May 18, 2009
People v. Chaffin
Defendant convicted of domestic battery not entitled to sua sponte defense of habitation instruction absent evidentiary support.
Criminal Law and Procedure May 17, 2009
U.S. v. Nguyen
Confrontation Clause violation not harmless error where co-defendant statements admitted through agent supported claim that defendant knew equipment was stolen.
Criminal Law and Procedure May 17, 2009
People v. Chaffin
Defendant convicted of domestic battery not entitled to sua sponte defense of habitation instruction absent evidentiary support.
Criminal Law and Procedure May 14, 2009
People v. Stump
Credit for time served for parole violation properly denied where any of three parole violations could be 'sole reason' for presentence confinement.
Criminal Law and Procedure May 13, 2009
People v. Zambia
Pandering conviction upheld where defendant told undercover officer dressed as prostitute he was a pimp and sought to provide services for money.
Criminal Law and Procedure May 12, 2009
People v. Dyke
Conviction reversed for insufficient evidence that minor was exposed to television scenes constituting 'harmful matter' per Penal Code Section 288.2(a).
Criminal Law and Procedure May 11, 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 May 10, 2009
People v. Burgener
Request for self-representation for reconsideration of death sentence improperly granted where court fails to adequately inform of risks.
Criminal Law and Procedure May 7, 2009
U.S. v. Osazuwa, Jr.
Line of questioning regarding facts underlying defendant's prior bank fraud conviction improperly admitted as impeachment evidence.
Criminal Law and Procedure May 7, 2009
G.G. Doe v. California Dept. of Justice
Equitable estoppel inapplicable where sex offenders made ineligible for exclusion from Megan's Law website due to retroactive amendment of statute.
Criminal Law and Procedure May 7, 2009
U.S. v. Iribe
'Doctrine of specialty' not violated where Mexico grants extradition of defendant for 'related crimes' that did not carry life sentence.
Criminal Law and Procedure May 6, 2009
In re Masoner
Superior court's remedial order directing prisoner's release from custody violates separation of powers doctrine.
Criminal Law and Procedure May 5, 2009
King v. Ryan
Stay-and-abeyance procedure in 'Kelly v. Small' available for 'mixed' habeas petition and does not require showing of good cause.
Criminal Law and Procedure May 5, 2009
People v. Torres
Conviction reversed for insufficient evidence to support finding that presence of methamphetamine in defendant's body impaired his driving ability.
Criminal Law and Procedure May 5, 2009
Flores-Figueroa v. U.S.
Federal statute for aggravated identity theft requires proof that perpetrator knew that numbers in identification cards belonged to another person.
Criminal Law and Procedure May 4, 2009
In re Bolden
Allegation that penalty phase juror was bias and committed misconduct for failure to disclose of relationship with murder victim fails.
Criminal Law and Procedure May 4, 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 3, 2009
County of Los Angeles v. Fairmont Specialty Group
Court will not vacate forfeiture or exonerate bail bond where extradition request is not feasible.
Criminal Law and Procedure Apr. 30, 2009
People v. Henning
Jury instruction deemed incorrect due to omission of false writing requirement although testimony corroborated allegation of theft by false pretenses.
Criminal Law and Procedure Apr. 30, 2009
People v. Watts
Trial court properly denies request for self-representation where defendant's conduct prior to trial showed his inability to follow courtroom protocol.
Criminal Law and Procedure Apr. 30, 2009
People v. Frazier
Sentence enhancement for 'personal' infliction of bodily injury is upheld where defendant commanded dogs to attack victim.
Criminal Law and Procedure Apr. 30, 2009
People v. Lawrence
Trial court did not abuse its discretion when it denied pro per defendant's request for counsel after jury had been sworn.
Criminal Law and Procedure Apr. 30, 2009
People v. Gaines
Where trial court erroneously denied motion for personnel records, reversal is appropriate only if disclosure would have caused different outcome.
Criminal Law and Procedure Apr. 30, 2009
U.S. v. Godinez-Ortiz
District court has authority to order commitment of defendant under 18 U.S.C. Section 4246 to determine 'dangerousness.'
Criminal Law and Procedure Apr. 29, 2009
Farmer v. Baldwin
District court errs in denying habeas review based on alleged default of Oregon procedural rules.
Criminal Law and Procedure Apr. 29, 2009
People v. Zanoletti
Multiple convictions are appropriate where married couple is charged with operating insurance fraud mill.
Criminal Law and Procedure Apr. 29, 2009
People v. Magallanes
Penal Code Section 496 forbids conviction for both receipt and theft of same stolen property in carjacking.
Criminal Law and Procedure Apr. 29, 2009
Dean v. U.S.
Under 18 U.S.C. Section 924, 10-year mandatory minimum applies if gun is discharged during violent crime, whether intentionally or accidentally.
Criminal Law and Procedure Apr. 29, 2009
Kansas v. Ventris
Defendant's statement to informant is admissible to impeach contradictory trial testimony where statement was elicited in violation of Sixth Amendment.
Criminal Law and Procedure Apr. 29, 2009