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Name Category Published
U.S. v. Thrasher
Ineffective assistance of counsel claim denied after defendant argues attorney failed to call witness as promised in opening statement. 		Criminal Law and Procedure Apr. 19, 2007
U.S. v. King
Defendant's right to speedy trial is not violated under Speedy Trial Act and Sixth Amendment, despite addition of several superseding indictments. 		Criminal Law and Procedure Apr. 19, 2007
People v. Chavez
Penalty assessments imposed on mandatory drug laboratory fees are subject to state court construction surcharge. 		Criminal Law and Procedure Apr. 19, 2007
People v. Weaver
In drunk driving case, probation is properly denied where 'victim vulnerability' was relevant factor considered by court. 		Criminal Law and Procedure Apr. 19, 2007
People v. Kaplan
Court erred by failing to hold second competency hearing after defendant jumped from second tier of jail. 		Criminal Law and Procedure Apr. 18, 2007
In re Montoya
Defense attorney's failure to pursue 'taint hearing' in child molestation case does not amount to ineffective assistance of counsel. 		Criminal Law and Procedure Apr. 18, 2007
People v. Ybarra
Gang shootings remanded for resentencing where court is unaware of 'youthful offender discretion' and imposes consecutive terms without jury finding. 		Criminal Law and Procedure Apr. 18, 2007
People v. Romero
If jury accepts that defendant acted in imperfect self-defense, admission of murder victim's hearsay statements regarding his fear of defendant is not prejudicial. 		Criminal Law and Procedure Apr. 18, 2007
People v. Krohn
Despite consent to search, drugs found on suspect illegally detained for 'public' drinking in gated courtyard must be suppressed. 		Criminal Law and Procedure Apr. 18, 2007
People v. Towers
Absent factual evidence of conduct, oral copulation by 'threatening retaliation' is not prior serious felony conviction that qualifies as strike. 		Criminal Law and Procedure Apr. 17, 2007
People v. Cantor
Court erroneously denies motion to suppress cocaine found in trunk of car where search exceeded scope of consent. 		Criminal Law and Procedure Apr. 16, 2007
People v. Rosen
Assault by public officer conviction stands where evidence of uncharged sexual offenses involving other victims was properly admitted. 		Criminal Law and Procedure Apr. 16, 2007
People v. Bejarano
Defendant who intends to shoot rival gang member but kills another is not guilty of second degree felony murder under merger doctrine. 		Criminal Law and Procedure Apr. 16, 2007
People v. Banks
Low income housing development belongs to Housing Authority, not real estate company, after tax deed is invalidated. 		Criminal Law and Procedure Apr. 15, 2007
People v. Superior Court (Vidal)
Incorrect legal standard was applied in measuring accused murderer's mental capacity. 		Criminal Law and Procedure Apr. 13, 2007
People v. Barry Anderson
Jury may consider children's heightened risk of harm in determining whether defendant moved them substantial distance to constitute kidnapping for molestation. 		Criminal Law and Procedure Apr. 13, 2007
U.S. v. Heckenkamp
University network administrator's limited remote search of suspected hacker's computer is justified under 'special needs' exception to Fourth Amendment. 		Criminal Law and Procedure Apr. 13, 2007
Quarles v. Kane
Statutory amendment does not violate Ex Post Facto Clause where increase in restitution rate did not impose additional punishment on prisoner. 		Criminal Law and Procedure Apr. 13, 2007
U.S. v. Gamba
Magistrate judge may preside over closing arguments if defense counsel agreed to such appointment for tactical reasons, even if client did not consent. 		Criminal Law and Procedure Apr. 13, 2007
People v. Barry Anderson
Jury may consider children's heightened risk of harm in determining whether defendant moved them substantial distance to constitute kidnapping for molestation. 		Criminal Law and Procedure Apr. 13, 2007
People v. Gastello
Defendant arrested and brought to jail with drugs in pocket does not 'bring' drugs into prison. 		Criminal Law and Procedure Apr. 13, 2007
In re Olson
Court improperly fails to issue OSC in granting former Symbionese Liberation Army member affirmative relief. 		Criminal Law and Procedure Apr. 13, 2007
People v. Bradus
Court is required to expunge drug conviction following termination of probation even though defendant has outstanding attorney fees and costs. 		Criminal Law and Procedure Apr. 12, 2007
People v. Superior Court (Vidal)
Trial court's pretrial determination of defendant's mental retardation is appealable, and need not be primarily based on defendant's IQ test scores. 		Criminal Law and Procedure Apr. 12, 2007
People v. Macklem
Suspect is not 'in custody' for 'Miranda' purposes when interviewed by law enforcement official at custodial facility where he was already confined. 		Criminal Law and Procedure Apr. 10, 2007
U.S. v. Kelley
Probable cause to search computer for evidence of child pornography turns on totality of circumstances. 		Criminal Law and Procedure Apr. 10, 2007
U.S. v. Black
Totality of circumstances presented by domestic abuse complaint may justify warrantless search of suspect's residence. 		Criminal Law and Procedure Apr. 10, 2007
U.S. v. Kelley
Probable cause to search computer for evidence of child pornography turns on totality of circumstances. 		Criminal Law and Procedure Apr. 10, 2007
People v. Cooper
Collateral estoppel does not bar retrial of murder case where grant of habeas petition was not final determination on sufficiency of evidence. 		Criminal Law and Procedure Apr. 9, 2007
Berardi v. Superior Court (People)
Grand jury indictment is dismissed where prosecution fails to disclose exculpatory evidence showing reasonable probability of more favorable outcome. 		Criminal Law and Procedure Apr. 9, 2007
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