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Name Category Published
People v. Johnson
Extended commitment of defendant determined to be sexually violent predator day before scheduled release date is constitutional.
Criminal Law and Procedure May 15, 2008
People v. Ross
Arrestee who lies to booking officer by denying possession of knife 'voluntarily' enters jail with weapon, violating Penal Code Section 4574(a).
Criminal Law and Procedure May 14, 2008
Gonzalez v. United States
Under Federal Magistrates Act, express consent by counsel is sufficient to allow magistrate judge to preside over jury selection in felony trial.
Criminal Law and Procedure May 13, 2008
Woods v. Carey
District court should have construed petitioner's second pro se habeas petition as motion to amend his pending habeas petition.
Criminal Law and Procedure May 13, 2008
U.S. v. Caruto
Prosecutor's closing argument noting omissions from defendant's post-arrest statement violates due process where 'Miranda' rights had been invoked.
Criminal Law and Procedure May 13, 2008
Miller v. Blacketter
Denial of motion to withdraw counsel and postpone trial did not exceed trial judge's discretion to balance fairness and scheduling.
Criminal Law and Procedure May 13, 2008
Haraguchi v. Superior Court (People)
No evidence of disqualifying conflict exists requiring recusal where prosecutor published novel while petitioner's trial was pending.
Criminal Law and Procedure May 13, 2008
People v. Superior Court (Humberto S.)
Order recusing prosecutors is vacated where there was no actual representation of third party interests.
Criminal Law and Procedure May 13, 2008
Hollywood v. Superior Court (People)
Recusal is not necessary where prosecutor's assistance in making of movie did not deprive defendant of right to fair trial.
Criminal Law and Procedure May 13, 2008
People v. Gemmill
Limited warrantless search of home is allowed in light of unresponsive occupants and absence of information to dispel suspicions of injury.
Criminal Law and Procedure May 12, 2008
People v. Varghese
Court did not err in refusing to allow defendant to conduct confidential DNA testing on bloodstain found at murder scene.
Criminal Law and Procedure May 9, 2008
U.S. v. Mendoza
Defendant's speedy-trial right is violated where eight-year delay between indictment and arrest is result of government's negligence.
Criminal Law and Procedure May 9, 2008
U.S. v. Pete
Time when certiorari petitions in interlocutory appeal are pending is excludable from Speedy Trial Act's requirements.
Criminal Law and Procedure May 9, 2008
People v. Watson
Defendant is properly sentenced to death where evidence proves he fatally shot two people in gang-related shooting.
Criminal Law and Procedure May 9, 2008
People v. Gemmill
Limited warrantless search of home is allowed in light of unresponsive occupants and absence of information to dispel suspicions of injury.
Criminal Law and Procedure May 7, 2008
Torres v. City of Madera
Arrestee mistakenly shot by officer's pistol instead of stun gun is deemed 'seized' within meaning of Fourth Amendment.
Criminal Law and Procedure May 6, 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 May 6, 2008
In re Miranda
Petitioner demonstrates he is entitled to habeas corpus relief due to prosecution's misconduct.
Criminal Law and Procedure May 6, 2008
People v. Williams
Failure to instruct jury that witness was accomplice is harmless where evidence does not establish intent to further defendant's criminal purpose.
Criminal Law and Procedure May 6, 2008
People v. Albillar
Convictions are proper where defendants impliedly consented to reseating of juror as alternative remedy for 'Wheeler-Batson' violation.
Criminal Law and Procedure May 6, 2008
Pinholster v. Ayers
District court correctly denies defendant's request for evidentiary hearing based on ineffective assistance of counsel.
Criminal Law and Procedure May 5, 2008
People v. Mohammed
Conviction for failure to appear while on recognizance is reversed where defendant never signed release agreement proving she was out on bail.
Criminal Law and Procedure May 5, 2008
People v. Kelly
Defendant received fair ‘Wheeler/Batson’ hearing where prosecutor substantiated her reasons for dismissing prospective jurors.
Criminal Law and Procedure May 2, 2008
U.S. v. Tapia-Romero
In determining appropriate term of imprisonment, sentencing judge cannot consider cost of imprisonment to society as factor under 18 U.S.C. Section 3553(a).
Criminal Law and Procedure May 2, 2008
Mendez v. Superior Court (People)
Trial court may consider information not presented at Section 1050 hearing in ruling on motion to dismiss case under Section 1382.
Criminal Law and Procedure May 1, 2008
People v. Semien
Conviction is proper in case where defendant claims prosecutor excused prospective juror based on race.
Criminal Law and Procedure May 1, 2008
People v. Eddards
Penal Code Section 1203.1 does not authorize addition of 10 percent administration fee to restitution fund payment.
Criminal Law and Procedure May 1, 2008
U.S. v. Stoterau
District court did not abuse discretion in sentencing defendant to 151-month term of imprisonment for transporting child pornography.
Criminal Law and Procedure Apr. 30, 2008
Gregory v. County of Maui
Police officers attempting to restrain individual did not use excessive force in violation of Fourth Amendment.
Criminal Law and Procedure Apr. 30, 2008
Choe v. Torres
Pursuant to extradition treaty, person is extraditable to Korea where Korean and American laws for charged offenses are directed to same evil.
Criminal Law and Procedure Apr. 30, 2008