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Name Category Published
People v. Holmes
Judgment is upheld where jury instructions do not lower burden of proof and imposition of two restitution fines in one proceeding is authorized. 		Criminal Law and Procedure Jul. 22, 2007
Hemmerle v. Schriro
Habeas corpus petition is time-barred where time between petitions for postconviction relief that do not "relate" back count toward AEDPA's deadline. 		Criminal Law and Procedure Jul. 19, 2007
U.S. v. Bibler
In drug possession case, defendant's waiver of right to appeal sentence is enforceable. 		Criminal Law and Procedure Jul. 19, 2007
People v. Black
No violation of right to jury trial where at least one aggravating circumstance made defendant eligible for upper term sentence. 		Criminal Law and Procedure Jul. 19, 2007
People v. Sandoval
Trial court violates ‘Cunningham v. California’ by imposing upper term sentence based on facts not found by a jury beyond reasonable doubt. 		Criminal Law and Procedure Jul. 19, 2007
People v. Cole
Strike sentence does not violate equal protection where previous crime would not count as strike had defendant been adjudicated in juvenile court. 		Criminal Law and Procedure Jul. 19, 2007
People v. Cardenas
Court violates ‘Cunningham v. California’ by imposing upper term sentence based on facts not found by jury beyond reasonable doubt. 		Criminal Law and Procedure Jul. 18, 2007
U.S. v. Diaz-Castaneda
No Fourth Amendment violation where officer runs check of driver's license plate and illegal immigrant passenger's identification documents during traffic stop. 		Criminal Law and Procedure Jul. 18, 2007
People v. Cromp
Jury instruction on prior rape of disabled woman does not violate due process rights of man who allegedly molested two young brothers. 		Criminal Law and Procedure Jul. 18, 2007
Cuccia v. Superior Court (People)
District court’s refusal to apply precedent case law requires issuing writ of mandate to dismiss district attorney’s recommitment petition. 		Criminal Law and Procedure Jul. 17, 2007
People v. Muhammad
Stalker's multiple convictions must be vacated where statute does not describe separate offenses but alternate punishments based on stalker's criminal history. 		Criminal Law and Procedure Jul. 17, 2007
U.S. v. Jenkins
Government fails to dispel appearance of vindictive prosecution created by timing of alien smuggling charges. 		Criminal Law and Procedure Jul. 17, 2007
U.S. v. Sine
Court finds no plain error in prosecution of defendant involved in pyramid scheme, despite the use of inadmissible hearsay and prejudicial evidence. 		Criminal Law and Procedure Jul. 17, 2007
People v. Tillotson
Imposition of upper term sentence requires reversal where based on factors not found true beyond reasonable doubt by jury. 		Criminal Law and Procedure Jul. 16, 2007
Benitez v. Garcia
Habeas petition is denied where petitioner asserts sentence limitation in extradition decree from Venezuela. 		Criminal Law and Procedure Jul. 16, 2007
U.S. v. Jimison
Sentencing enhancement is erroneously applied where defendant’s ‘going Rambo’ comment was insufficient to establish he had intent to have shootout with police. 		Criminal Law and Procedure Jul. 16, 2007
Tanner v. McDaniel
District court properly rejects defendant's claim of ineffective assistance of counsel where all of his arguments were frivolous and without merit. 		Criminal Law and Procedure Jul. 15, 2007
Irons v. Carey
Court reverses grant of habeas corpus petition of rehabilitated inmate denied parole based on cruel manner and trivial motive for killing. 		Criminal Law and Procedure Jul. 15, 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 Jul. 15, 2007
People v. Palacios
Multiple punishment prohibition does not limit three sentence enhancements for single shot fired at single victim during simultaneous commission of three crimes. 		Criminal Law and Procedure Jul. 12, 2007
U.S. v. W.R. Grace
Court properly sets deadlines for disclosure of expert witnesses in case concerning improper disposal of asbestos-contaminated vermiculite. 		Criminal Law and Procedure Jul. 12, 2007
In re Marquez
Due process requires that parolee be released from custody due to prejudice from delay of probable cause and parole revocation hearings. 		Criminal Law and Procedure Jul. 11, 2007
U.S. v. Shea
Conviction for intentionally damaging protected computer is upheld where former employee had access to relevant files and antagonistic relationship with company. 		Criminal Law and Procedure Jul. 11, 2007
People v. Caesar
Aider and abettor is improperly convicted of premeditation though his confederate, the actual perpetrator, was found to have acted without premeditation. 		Criminal Law and Procedure Jul. 11, 2007
People v. Abilez
'Marsden' motion is properly denied where attorney explains efforts to defend client accused of his mother's sodomy and murder. 		Criminal Law and Procedure Jul. 10, 2007
People v. Buffington
Admission of psychologist's opinion in other sexually violent predator cases was irrelevant to show bias but did not unfairly prejudice defendant. 		Criminal Law and Procedure Jul. 10, 2007
U.S. v. Forrester
In case where defendant used Internet to help run Ecstasy lab, computer surveillance by government does not constitute search under Fourth Amendment. 		Criminal Law and Procedure Jul. 10, 2007
Crater v. Galaza
Anti-terrorism and Effective Death Penalty Act’s restrictions for which habeas relief is granted, and alterations to its applied standards are not unconstitutional. 		Criminal Law and Procedure Jul. 10, 2007
People v. Saracoglu
Court does not abuse its discretion admitting evidence of distraught wife’s statement about spousal abuse to police under spontaneous utterance hearsay exception. 		Criminal Law and Procedure Jul. 10, 2007
U.S. v. Horvath
18 U.S.C. Section 1001(b) exemption applies where defendant told fictitious story to probation officer who submitted lie to judge in presentence report. 		Criminal Law and Procedure Jul. 10, 2007
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