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Name Category Published
People v. Perry
Multiple sentence prohibition requires stay of vehicular burglary sentence where defendant's objective in second degree robbery is also to steal car stereo. 		Criminal Law and Procedure Sep. 12, 2007
People v. Quitiquit
Voluntary manslaughter conviction is reversed where wife's hearsay statements that her husband twisted her neck were erroneously admitted. 		Criminal Law and Procedure Sep. 12, 2007
People v. Warner
Firearm use enhancement is stricken in case where defendant killed neighbor's husband with shotgun blast to chest. 		Criminal Law and Procedure Sep. 12, 2007
Polk v. Sandoval
Petitioner's due process rights are violated where trial instructions allowed jury to convict him of first-degree murder without finding deliberation. 		Criminal Law and Procedure Sep. 11, 2007
Carrington v. United States
Petitioners challenging their sentences as unconstitutional fail to present exceptional circumstances sufficient to support grant of extraordinary relief. 		Criminal Law and Procedure Sep. 11, 2007
People v. Jefferson
Under 'Cunningham v. California', court's one 'strike' finding does not violate defendant's federal constitutional right to jury determination. 		Criminal Law and Procedure Sep. 10, 2007
U.S. v. Crews
Officers may reasonably rely on affidavit with sufficient probable cause to search for firearms in apartment shared by two convicted felons. 		Criminal Law and Procedure Sep. 10, 2007
Fields v. Brown
Defendant is not deprived of impartial jury despite similarity of crime inflicted on wife of one juror and foreperson's notes referencing Bible. 		Criminal Law and Procedure Sep. 10, 2007
People v. Willard
No adequate factual basis exists for defendant's plea where there is no reference to any document containing factual allegations. 		Criminal Law and Procedure Sep. 9, 2007
Lexin v. Superior Court (People)
Motion to set aside information is properly denied where public officials allegedly had financial interest in contracts made in their official capacities. 		Criminal Law and Procedure Sep. 9, 2007
U.S. v. Mitchell
Conviction for carjacking resulting in death of two victims is proper where there was no error requiring reversal. 		Criminal Law and Procedure Sep. 6, 2007
In re Hyde
Habeas petitioner's parole unsuitability was supported by 'some evidence' of callous killings 33 years ago and construction of aluminum dagger in prison. 		Criminal Law and Procedure Sep. 6, 2007
People v. Ramirez
Negligent discharge of firearm is not necessarily included in firing at inhabited dwelling where defendant fired shots from inside his apartment. 		Criminal Law and Procedure Sep. 6, 2007
U.S. v. Abbouchi
Motion to suppress evidence of counterfeit social security cards is properly denied where package was searched at UPS sorting hub. 		Criminal Law and Procedure Sep. 6, 2007
Sherman v. United States Parole Commission
Oath or affirmation for issuance of valid administrative warrant for retaking of alleged parole violator is not required. 		Criminal Law and Procedure Sep. 5, 2007
U.S. v. Torres-Flores
Defendant who conceals alien from border inspection is neither entitled to lesser-included offense instruction nor enhancement for increasing passenger's risk. 		Criminal Law and Procedure Sep. 5, 2007
U.S. v. Ankeny
District court improperly applies Career Offender Guidelines in determining unlawful possession of firearm by felon is 'crime of violence.' 		Criminal Law and Procedure Sep. 5, 2007
People v. Retanan
Trial court's findings under Penal Code Section 667.61(g) do not violate 'Blakely.' 		Criminal Law and Procedure Sep. 5, 2007
James H., a Minor
Juvenile court records sealed under Welfare and Institutions Code Section 781 may not be released for use in sexually violent predator proceeding. 		Criminal Law and Procedure Sep. 4, 2007
U.S. v. Braswell
Failure to claim novelty, interference or 'actual innocence' procedurally bars habeas petitioner's claim of deficient indictment not challenged on direct appeal. 		Criminal Law and Procedure Sep. 4, 2007
U.S. v. Stanton
District court must reinstate magistrate judge's guilty verdict where supported by sufficient evidence that driver's intoxication rendered him incapable of safe operation. 		Criminal Law and Procedure Sep. 3, 2007
People v. Kelly
Convicted thief’s possession of burglary tools is proper basis for probation revocation though box cutter and slingshot were not listed in statute. 		Criminal Law and Procedure Aug. 31, 2007
People v. Murphy
Possession of cocaine base for sale is not necessarily included offense of selling cocaine base. 		Criminal Law and Procedure Aug. 30, 2007
People v. Halvorsen
Death penalty for convicted murderer is improper where trial court lacked discretion to deny his timely motion for self-representation at penalty retrial. 		Criminal Law and Procedure Aug. 30, 2007
People v. Tu
Trial court's imposition of upper term sentence based on defendant's record of prior juvenile petitions does not violate his Sixth Amendment rights. 		Criminal Law and Procedure Aug. 29, 2007
In re Jacobson
Decision to deny parole stands where Governor concludes convicted murderer has not accepted responsibility for his crime. 		Criminal Law and Procedure Aug. 29, 2007
Busch v. Woodford
California Supreme Court does not clearly err in its application of controlling federal law by concluding that habeas petitioner's plea was voluntary. 		Criminal Law and Procedure Aug. 29, 2007
U.S. v. Lopez
Error is harmless where prosecutor implicated defendant's silence both pre-Miranda and post-Miranda. 		Criminal Law and Procedure Aug. 29, 2007
Alvarez v. Superior Court (San Jose Mercury News Inc.)
Penal Code's 'reasonable likelihood' standard of prejudice must be applied to case where defendant seeks to have grand jury transcripts sealed. 		Criminal Law and Procedure Aug. 28, 2007
Bryant v. Arizona Attorney General
Prisoner's one-year limitations period under AEDPA to file habeas petition is not tolled while he has access to library's case law. 		Criminal Law and Procedure Aug. 28, 2007
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