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Name Category Published
People v. Ramirez
Defendant who lies on applications for food stamps and cash aid may be convicted of both misrepresentation and perjury. 		Criminal Law and Procedure Nov. 10, 2008
U.S. v. Miller
Transfer to work release program does not constitute supervised release, and inmate remains imprisoned under 18 U.S.C. Section 3624. 		Criminal Law and Procedure Nov. 10, 2008
People v. Anderson
Prosecutor's misstatement of law in opening argument is deemed harmless error. 		Criminal Law and Procedure Nov. 10, 2008
U.S. v. Williams
New trial is necessary where jury was instructed to continue deliberating after judge learned of holdout juror. 		Criminal Law and Procedure Nov. 7, 2008
People v. Arias
Conviction for possession of 'false compartment' cannot stand where defendant did not modify vehicle's original factory equipment. 		Criminal Law and Procedure Nov. 7, 2008
U.S. v. Youssef
Conviction for knowingly making false statement on immigration document is upheld where statute does not impose materiality requirement. 		Criminal Law and Procedure Nov. 6, 2008
Indiana Lumbermens Mutual Insurance Co. v. Alexander
Bond company need not refund premium received for posting bond where it did not surrender defendant to custody. 		Criminal Law and Procedure Nov. 5, 2008
People v. Stier
Methamphetamine evidence must be suppressed where police improperly handcuffed truck driver because of his height. 		Criminal Law and Procedure Nov. 5, 2008
People v. Smith
Due process is not violated where CALCRIM instructions on circumstantial evidence are provided to jury at close of evidence. 		Criminal Law and Procedure Nov. 5, 2008
People v. Newby
Under aggravated mayhem statute, disfiguring injury may be deemed permanent even though medical repair is possible. 		Criminal Law and Procedure Oct. 30, 2008
People v. Bergin
Restitution amount paid by insurer in lieu of amount billed by medical provider is sufficient to make victim 'whole.' 		Criminal Law and Procedure Oct. 29, 2008
U.S. v. Snellenberger
District courts may rely on minute orders when applying modified categorical approach of 'Taylor v. United States.' 		Criminal Law and Procedure Oct. 29, 2008
People v. Sweig
Flawed statute lacks mechanism to confiscate firearm of mentally disordered person detained outside residence. 		Criminal Law and Procedure Oct. 28, 2008
People v. Concepcion
Escapee is deemed to be voluntarily absent from time of escape until he can reasonably be returned to court. 		Criminal Law and Procedure Oct. 28, 2008
People v. Caesar
Where shooter is convicted of attempted unpremeditated murder, premeditation cannot be found against his aider and abettor. 		Criminal Law and Procedure Oct. 27, 2008
People v. Slattery
Hospital is not entitled to restitution for criminal conduct due to its lack of 'direct victim' status. 		Criminal Law and Procedure Oct. 27, 2008
People v. Murray
Aggravated assault is not necessarily included offense of involuntary manslaughter. 		Criminal Law and Procedure Oct. 27, 2008
Sabatasso v. Superior Court (Cate)
Parolee held by local law enforcement for evaluation as sexually violent predator is entitled to $200 release allowance. 		Criminal Law and Procedure Oct. 24, 2008
People v. Williams
In case involving gang activity conviction, common ideology and similar name are not sufficient to show faction is part of larger gang. 		Criminal Law and Procedure Oct. 24, 2008
People v. Martinez
Defendant had no right to jury trial under 'Cunningham v. California' where factors were used to impose consecutive sentences. 		Criminal Law and Procedure Oct. 24, 2008
Styers v. Schriro
Court fails to reweigh all relevant mitigating evidence after striking aggravating factor in convicted murderer's case. 		Criminal Law and Procedure Oct. 24, 2008
U.S. v. Fiander
Tribal member who may not be prosecuted for contraband cigarette trafficking can still be guilty of RICO conspiracy. 		Criminal Law and Procedure Oct. 24, 2008
U.S. v. Seljan
Border search is justified where customs officials opened packages in course of authorized outbound currency operation. 		Criminal Law and Procedure Oct. 24, 2008
People v. Bartsch
Denial of petition for restoration to sanity is upheld where defendant cannot prove full recovery from amphetamine-induced psychotic disorder. 		Criminal Law and Procedure Oct. 23, 2008
People v. Wallace
Sufficient evidence exists to support defendant's convictions for attempted rape and robbery of 83-year-old widow. 		Criminal Law and Procedure Oct. 23, 2008
Sabatasso v. Superior Court (Cate)
Parolee held by local law enforcement for evaluation as sexually violent predator is entitled to $200 release allowance. 		Criminal Law and Procedure Oct. 22, 2008
U.S. v. McTiernan
Defendant may withdraw guilty plea where he was unaware of availability of motion to suppress evidence. 		Criminal Law and Procedure Oct. 22, 2008
People v. Nunez
15 percent limit on presentence credit applies to each offense of defendant's entire prison term even if only one offense was violent. 		Criminal Law and Procedure Oct. 21, 2008
U.S. v. Schales
Double Jeopardy Clause violation occurs where possession of sexually explicit material involving minors is lesser-included offense of receipt of same material. 		Criminal Law and Procedure Oct. 21, 2008
U.S. v. Armstead
Procedural error in sentencing occurs where district court concludes that victims include persons harmed by fraud but not included in loss calculation. 		Criminal Law and Procedure Oct. 16, 2008
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