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Name Category Published
U.S. v. Caseres
Warrantless automobile search without spatial or temporal proximity to arrest is not valid search incident to arrest.
Criminal Law and Procedure Jul. 23, 2008
People v. Moseley
Concurrent sentence for maintaining place for sale is upheld where charge of possession of methamphetamine for sale arises from independent criminal objective.
Criminal Law and Procedure Jul. 23, 2008
In re Lugo
Court improperly limits Board of Parole Hearings' inherent discretion by requiring it to state 'significant change' justifying multi-year denials.
Criminal Law and Procedure Jul. 23, 2008
Houston v. Schomig
Evidentiary hearing is necessary to determine whether attorney's prior representation of prosecution's star witness violated defendant's right to conflict-free counsel.
Criminal Law and Procedure Jul. 23, 2008
U.S. v. Miranda-Lopez
Aggravated identity theft requires proof that defendant knew means of identification belonged to another person.
Criminal Law and Procedure Jul. 23, 2008
Brown v. Farwell
Defendant is granted petition for writ of habeas corpus due to inaccurate DNA evidence and violations of due process.
Criminal Law and Procedure Jul. 22, 2008
People v. Monjaras
Firearm use enhancement in robbery case is proper where jury may infer from defendant's conduct that pistol used was real, loaded firearm.
Criminal Law and Procedure Jul. 22, 2008
U.S. v. Gonzalez
Hearsay statements are properly admitted to show police officer's pattern of sexually assaulting and battering women under color of state law.
Criminal Law and Procedure Jul. 21, 2008
People v. Turk
Trial court does not err in failing to instruct jury sua sponte regarding involuntary manslaughter stemming from voluntary intoxication.
Criminal Law and Procedure Jul. 21, 2008
People v. Endacott
Customs officials can seize laptop computers belonging to persons arriving from foreign countries and search files contained therein without probable cause.
Criminal Law and Procedure Jul. 18, 2008
U.S. v. Singh
Sufficient evidence exists to convict defendant of aiding and abetting bringing of alien into United States where defendant transported alien within country.
Criminal Law and Procedure Jul. 18, 2008
Green v. LaMarque
Defendant is entitled to new trial where prosecutor used peremptory challenges to exclude all six African-Americans on jury panel.
Criminal Law and Procedure Jul. 18, 2008
U.S. v. Miranda-Lopez
Aggravated identity theft requires proof that defendant knew means of identification belonged to another person.
Criminal Law and Procedure Jul. 18, 2008
People v. Baker
Driver's parole condition does not justify warrantless search of passenger's purse.
Criminal Law and Procedure Jul. 17, 2008
People v. Steele
Felony assault conviction is reversed where defendant lacks 'present ability' to ignite oven gas and injure victim.
Criminal Law and Procedure Jul. 17, 2008
Howell v. Polk
Officers prevail in case where plaintiffs alleged unconstitutional execution of knock-and-announce search warrant.
Criminal Law and Procedure Jul. 17, 2008
U.S. v. Lopez
Defendant's second habeas corpus motion is denied where new evidence of informant's unreliability is not sufficient to establish that defendant was not guilty.
Criminal Law and Procedure Jul. 17, 2008
In re Renfrow
Trial court properly corrects earlier unauthorized sentence by ordering execution of correct sentence for both conviction and enhancement.
Criminal Law and Procedure Jul. 17, 2008
People v. Boyle
Commitment order is affirmed where court effectively found defendant to be both dangerous and mentally ill.
Criminal Law and Procedure Jul. 17, 2008
People v. Miller
Assault with deadly weapon conviction is reversed where court erroneously informed jury that crime did not contain awareness element.
Criminal Law and Procedure Jul. 17, 2008
Richardson v. Superior Court
Denial of petitioner's motion for DNA testing is warranted where other evidence of guilt exists and further tests would not change outcome.
Criminal Law and Procedure Jul. 17, 2008
People v. Richardson
Defendant's death sentence is affirmed after jury convicts him of felony murder.
Criminal Law and Procedure Jul. 17, 2008
County of Los Angeles v. Fairmont Specialty Group
Denial of motion to extend period to exonerate bond is upheld where good cause is lacking.
Criminal Law and Procedure Jul. 16, 2008
U.S. v. Dallman
Defendant's sentence is upheld where district court's calculation of Guidelines range is based on coconspirator's liability for involvement in joint criminal activity.
Criminal Law and Procedure Jul. 16, 2008
People v. Stallworth
Police can resume custodial interrogations without readvising defendant of rights if subsequent interrogation is 'reasonably contemporaneous' with prior waiver.
Criminal Law and Procedure Jul. 15, 2008
People v. Sandoval
In case involving spousal rape with force, trial court properly excludes defense expert's testimony on 'make-up' sex.
Criminal Law and Procedure Jul. 15, 2008
U.S. v. Whitehead
Court properly imposes more lenient sentence on defendant whose counterfeit 'access cards' gave customers free access to DirectTV.
Criminal Law and Procedure Jul. 15, 2008
People v. Romero
Death sentence is affirmed where defendant concedes evidence did not raise doubt on issue of mental competence.
Criminal Law and Procedure Jul. 15, 2008
Redding v. Safford Unified School District
School officials cannot strip-search student after initial search of student's backpack and pockets do not produce evidence.
Criminal Law and Procedure Jul. 14, 2008
People v. Gamble
Where defendant is charged with felony escape count, Penal Code section 4532(a)(1) does not require sentence to include consecutive term.
Criminal Law and Procedure Jul. 11, 2008