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Name Category Published
U.S. v. Gutierrez-Sanchez
District court properly calculates Guidelines sentence where defendant's plea statement established commission of additional offense. 		Criminal Law and Procedure Mar. 24, 2009
People v. Earle
Refusal to sever indecent exposure charge from sexual assault is abuse of discretion as "spillover effect" of evidence unduly prejudiced felony charge. 		Criminal Law and Procedure Mar. 23, 2009
People v. Ramirez
Grossly negligent discharge of firearm constitutes necessary included offense of shooting at inhabited dwelling. 		Criminal Law and Procedure Mar. 20, 2009
U.S. v. Driggers
Misleading jury instruction is deemed harmless error although it misstated intent requirement under 18 U.S.C. Section 1958. 		Criminal Law and Procedure Mar. 19, 2009
U.S. v. Flores
Government's refusal to make Section 5K1.1 motion is proper where assistance without subsequent arrests is deemed "insubstantial". 		Criminal Law and Procedure Mar. 19, 2009
In re Rozzo
Governor's reversal of parole grant for inmate convicted of second-degree murder supported by 'some evidence.' 		Criminal Law and Procedure Mar. 18, 2009
In re McGraw
Board must reconsider inmate's parole suitability by determining whether 'some evidence' supports conclusion that he is current threat to public safety. 		Criminal Law and Procedure Mar. 18, 2009
People v. Maldonado
Counsel's inquiry about defendant's employment status in relation to drug charge does not demonstrate ineffective assistance of counsel. 		Criminal Law and Procedure Mar. 18, 2009
People v. Grimes
Clerk's delay in mailing notice of appeal, consisting of over two years, is not prejudicial to defendant. 		Criminal Law and Procedure Mar. 18, 2009
U.S. v. Mayer
First degree burglary conviction in Oregon is predicate violent felony within Armed Career Criminal's Act's residual clause. 		Criminal Law and Procedure Mar. 17, 2009
In re Smith
Governor’s parole unsuitability finding is upheld where inmate claimed she did not participate in beating her daughter to death. 		Criminal Law and Procedure Mar. 16, 2009
People v. Williams
Ability to remain at one location for five consecutive days not required to establish residence for purposes of sex offender registration. 		Criminal Law and Procedure Mar. 16, 2009
Johnson v. Walton
Police officer entitled to qualified immunity where belief in existence of probable cause to search brothel owners’ residence was not unreasonable. 		Criminal Law and Procedure Mar. 16, 2009
In re Lewis
Court erred in finding California Code of Regulations Title 15 Section 2402(c) unconstitutionally vague 'as applied' by parole board. 		Criminal Law and Procedure Mar. 16, 2009
In re Chaudhary
Time spent in prison before release on parole cannot be credited against Penal Code Section 3000.1’s five-year parole discharge eligibility requirement. 		Criminal Law and Procedure Mar. 16, 2009
People v. Bankers Insurance Company
Bail bond forfeiture invalid where court fails to make sufficiently clear statement to forfeit during proceeding. 		Criminal Law and Procedure Mar. 13, 2009
People v. Garcia
Harmless error found where court admitted evidence of defendant's invocation of constitutional rights to show consciousness of guilt. 		Criminal Law and Procedure Mar. 13, 2009
U.S. v. McFall
Hindering competitor's ability to secure bid does not satisfy obtaining element required for extortion under the Hobbs Act. 		Criminal Law and Procedure Mar. 12, 2009
U.S. v. Brobst
Despite address change, warrant is sufficiently particular in its description to identify residence with reasonable effort. 		Criminal Law and Procedure Mar. 12, 2009
People v. Camacho
Clerical error in verdict form does not affect validity of verdict where jury clearly intended to convict defendant of offense. 		Criminal Law and Procedure Mar. 12, 2009
People v. Dean
Trial court's error in allowing plaintiff's experts to testify to information in unauthenticated hospital records is harmless. 		Criminal Law and Procedure Mar. 12, 2009
People v. Medina
Defendant's commitment under Sexually Violent Predator Act valid despite 'underground regulations.' 		Criminal Law and Procedure Mar. 12, 2009
Fisher v. City of San Jose
Arrest warrant is not needed where exigent circumstances once existed to justify arrest of suspect in home during standoff. 		Criminal Law and Procedure Mar. 12, 2009
U.S. v. Hilgers
No error by trial judge who indicates intent to depart from sentencing guidelines and imposes reasonable sentence. 		Criminal Law and Procedure Mar. 12, 2009
U.S. v. Hammons
Failure to address Section 3553(a) sentencing factors in imposing sentence deemed plain error affecting substantial rights. 		Criminal Law and Procedure Mar. 12, 2009
People v. Harris Jr.
Proposition 36 probation mandatory where jury makes express finding that transportation of cocaine base was for personal use. 		Criminal Law and Procedure Mar. 12, 2009
U.S. v. Boulware
Defendant's offer of proof is insufficient to support proffered return of capital theory. 		Criminal Law and Procedure Mar. 11, 2009
U.S. v. Streich
Defendant's claims challenging inclusion of psychosexual information in presentence report are not ripe. 		Criminal Law and Procedure Mar. 11, 2009
People v. Roa
Consistent out-of-court identifications constitutes substantial evidence of firearm use in carjacking despite retraction during trial. 		Criminal Law and Procedure Mar. 11, 2009
People v. Wagner
Defendant on probation with imposition of sentence may demand speedy sentencing pursuant to either Penal Code Sections 1381 or 1203.2a. 		Criminal Law and Procedure Mar. 10, 2009
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