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Name Category Published
People v. Bartell
Bank that covers amount of defendant's forged checks is 'direct victim' of criminality meriting restitution order.
Criminal Law and Procedure Feb. 5, 2009
U. S. v. Al Nasser
Transporter of illegal aliens not 'stopped' for purposes of Fourth Amendment receives no lighter sentence despite lack of profit from scheme.
Criminal Law and Procedure Feb. 5, 2009
In re Gomez
'Cunningham v. California' applies retroactively to cases in which judgment was not final at time of decision in 'Blakely v. Washington.'
Criminal Law and Procedure Feb. 3, 2009
People v. Tabb
Employee who stole from his employer can be convicted of either grand theft or grand theft by employee but not both.
Criminal Law and Procedure Feb. 2, 2009
Moses v. Payne
Exclusion of expert witness testimony is proper where precedent has not established violation of constitutional right to present evidence.
Criminal Law and Procedure Feb. 2, 2009
People v. Castillo
SVP's two-year commitment period must be corrected to conform to indeterminate life term mandated by SVPA as modified by Proposition 83.
Criminal Law and Procedure Feb. 2, 2009
People v. Bennett
Court properly instructs jury on first degree felony murder rule.
Criminal Law and Procedure Jan. 30, 2009
People v. Rodriguez
Trial court's instruction allowing jury to consider defendant's failure to explain or deny evidence is proper.
Criminal Law and Procedure Jan. 30, 2009
People v. Anderson
Evidence of hit-and-run victim's suicidal tendencies is properly excluded for being irrelevant and highly prejudicial.
Criminal Law and Procedure Jan. 28, 2009
People v. Force
Indeterminate confinement under Sexually Violent Predator Act does not violate due process.
Criminal Law and Procedure Jan. 27, 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 Jan. 27, 2009
U.S. v. $40,955.00 In United States Currency
Parents who own and occupy residence have standing to challenge search of bedroom from which son conducted marijuana sales.
Criminal Law and Procedure Jan. 27, 2009
People v. Adams
Makeshift styrofoam device that is "breakable" can constitute a destructive device under Penal Code Section 12301.
Criminal Law and Procedure Jan. 27, 2009
People v. Williams
Court finds harmless error where evidence of contacts with law enforcement, not leading to arrest or conviction, is presented to jury.
Criminal Law and Procedure Jan. 26, 2009
People v. Byron
Testimonial hearsay statements are admissible against defendant to prove assault of victim.
Criminal Law and Procedure Jan. 26, 2009
Nelson v. U.S.
Sentencing court's application of presumption of reasonableness to Guidelines range constitutes error.
Criminal Law and Procedure Jan. 26, 2009
Van de Kamp v. Goldstein
Supervisory prosecutors are entitled to absolute immunity where plaintiff claimed they trained other prosecutors and managed information improperly.
Criminal Law and Procedure Jan. 26, 2009
Arizona v. Johnson
Officer's patdown of passenger after questioning him on matter unrelated to traffic stop does not violate Fourth Amendment.
Criminal Law and Procedure Jan. 26, 2009
People v. Sardinas
Court properly denies motion to suppress drug evidence recovered during parole search conducted for legitimate law enforcement purpose.
Criminal Law and Procedure Jan. 25, 2009
People v. Myers
Court properly denies motion to reduce felony offense to misdemeanor where defendant completes drug program and does not serve prison sentence.
Criminal Law and Procedure Jan. 25, 2009
People v. Luna
Conviction for attempt to manufacture hashish does not stand where defendant's conduct did not advance beyond preparation.
Criminal Law and Procedure Jan. 25, 2009
U.S. v. Mikhel
SAM restrictions must be modified to allow inmate to use translator when communicating with appellate counsel and meet with investigator alone.
Criminal Law and Procedure Jan. 25, 2009
U.S. v. Orlando
$30,000 fine imposed on defendant who pleads guilty to tax evasion is reasonable.
Criminal Law and Procedure Jan. 25, 2009
People v. Cates
Condition that defendant complete batterer's counseling program is upheld in case involving felonious assault on former girlfriend.
Criminal Law and Procedure Jan. 25, 2009
People v. Quintanilla
In child rape case, court does not abuse its discretion in imposing fully consecutive sentence.
Criminal Law and Procedure Jan. 22, 2009
People v. Wagner
Pandering conviction is reversed where pimp 'induced' woman who was already prostitute.
Criminal Law and Procedure Jan. 22, 2009
People v. Graff
Court improperly allows jury to convict defendant based on charges not established at preliminary hearing.
Criminal Law and Procedure Jan. 21, 2009
Waddington v. Sarausad
In case involving drive-by shooting, jury instructions for accomplice liability are deemed unambiguous.
Criminal Law and Procedure Jan. 21, 2009
Spears v. U.S.
District court has authority to vary from crack cocaine Guidelines based on policy disagreement and apply replacement ratio to correct disparity.
Criminal Law and Procedure Jan. 21, 2009
In re Vasquez
Commitment offense is insufficient to satisfy 'some evidence' standard demonstrating parolee's present risk of danger to society.
Criminal Law and Procedure Jan. 21, 2009