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Name Category Published
Johnson v. Knowles
Miscarriage of justice exception does not apply where petitioner asserts procedural violations in lieu of claim of innocence as to underlying crime.
Criminal Law and Procedure Sep. 3, 2008
People v. Esquibel
Temporary exclusion of two spectators during examination of seven-year-old witness does not violate defendant's right to public trial.
Criminal Law and Procedure Sep. 3, 2008
People v. Mgebrov
Penal Code Section 1203.4 permits trial court to dismiss individual counts after concluding two of defendant's three convictions are eligible for relief.
Criminal Law and Procedure Sep. 3, 2008
U.S. v. Becerril-Lopez
In illegal re-entry case, 16-level sentence enhancement is applied to defendant whose prior robbery conviction qualifies as 'crime of violence.'
Criminal Law and Procedure Sep. 2, 2008
U.S. v. Daniels
Lifetime term of supervised release does not restrict First Amendment rights of defendant who possessed child pornography.
Criminal Law and Procedure Sep. 2, 2008
U.S. v. Gamba
Defense counsel can make tactical decision to waive defendant's right to have Article III judge conduct closing argument without defendant's consent.
Criminal Law and Procedure Aug. 29, 2008
People v. Lindberg
Expert witness testimony as to White supremacists' hatred of Jews is admissible to prove racial motivation behind murder of Vietnamese person.
Criminal Law and Procedure Aug. 29, 2008
People v. Cross
Pregnancy without medical complications resulting from sexual intercourse with minor stepdaughter is sufficient to support finding of great bodily injury.
Criminal Law and Procedure Aug. 29, 2008
People v. Pearson
Defendant who conceals victim-witness and obtains partial acquittal is estopped from seeking refuge under jeopardy umbrella.
Criminal Law and Procedure Aug. 29, 2008
People v. Salcido
Defendant convicted of six counts of murder may not challenge validity of his seizure in Mexico.
Criminal Law and Procedure Aug. 29, 2008
People v. Morris
Certified rap sheet is nontestimonial evidence and deemed public record exception to hearsay rule.
Criminal Law and Procedure Aug. 29, 2008
People v. Bolton
Trial court errs by permitting defendant to represent himself at trial after relieving counsel due to insufficient conflict of interest.
Criminal Law and Procedure Aug. 28, 2008
People v. Brandon
Mentally disordered offender's contention that trial court erred by allowing her to represent herself became moot when one-year commitment period expired.
Criminal Law and Procedure Aug. 27, 2008
People v. Garcia
Amended Sexually Violent Predator Act is constitutional.
Criminal Law and Procedure Aug. 27, 2008
Wooten v. Kirkland
For purposes of exhaustion, cumulative error claim is neither fairly presented nor sufficiently intertwined with other claims.
Criminal Law and Procedure Aug. 27, 2008
Torres v. City of Los Angeles
Material issues of disputed fact as to probable cause require jury to decide whether qualified immunity applies to police officers.
Criminal Law and Procedure Aug. 27, 2008
People v. Bergen
Defendant who uses butane to manufacture concentrated cannabis is properly charged under Health and Safety Code Section 11379.6(a).
Criminal Law and Procedure Aug. 26, 2008
People v. Carasi
Joint trial is proper for co-defendants who planned and executed Mother's Day murders together.
Criminal Law and Procedure Aug. 26, 2008
Bull v. City and County of San Francisco
Sheriff is denied qualified immunity where blanket policy allowing strip searches without reasonable suspicion is unconstitutional.
Criminal Law and Procedure Aug. 25, 2008
U.S. v. Easterday
Conviction for willful failure to pay employee payroll taxes to IRS stands regardless of defendant's inability to pay.
Criminal Law and Procedure Aug. 25, 2008
Catlin v. Superior Court (People)
Motion for postconviction discovery brought 17 years after conviction is denied where defendant did not file within reasonable time period.
Criminal Law and Procedure Aug. 25, 2008
People v. Fiu
Trial court errs in imposing consecutive 10-year term for gang enhancement where second degree murder conviction is punishable by life imprisonment.
Criminal Law and Procedure Aug. 22, 2008
U.S. v. Craighead
Based on totality of circumstances, in-home interrogation is deemed custodial, requiring 'Miranda' warnings.
Criminal Law and Procedure Aug. 22, 2008
McMurtrey v. Ryan
Defendant's due process rights are violated where substantial evidence indicates need to hold hearing as to competency to stand trial.
Criminal Law and Procedure Aug. 22, 2008
In re Shaputis
Evidence indicates unsuitability for parole where petitioner who denies responsibility for wife's murder currently poses danger to society.
Criminal Law and Procedure Aug. 22, 2008
In re Lawrence
Court of Appeal properly determines 'some evidence' does not support Governor's conclusion that petitioner remains current danger to public safety.
Criminal Law and Procedure Aug. 22, 2008
People v. Page
Admission of pornographic magazines is harmless where overwhelming evidence establishes defendant murdered and committed lewd act upon girl.
Criminal Law and Procedure Aug. 21, 2008
Piscitelli v. The Salesian Society
Impeachment evidence of cleric's sex abuse conviction is admissible to show bias, regardless of underlying crime's relation to traits of honesty.
Criminal Law and Procedure Aug. 21, 2008
People v. Meneses
Trial court has no sua sponte duty to instruct on mistake of fact defense only raised during appeal.
Criminal Law and Procedure Aug. 20, 2008
U.S. v. Hernandez-Orellana
Women who participate in conspiracy to smuggle aliens but act entirely on domestic soil do not 'bring them to' United States.
Criminal Law and Procedure Aug. 20, 2008