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Name Category Published
U.S. v. Martinez-Martinez
Defendant's conviction in Arizona for discharging firearm at residential structure does not constitute 'crime of violence.' 		Criminal Law and Procedure Mar. 21, 2007
U.S. v. Reina-Rodriguez
Defendant's prior conviction for felony burglary in second degree resulted from burglary of dwelling which qualified him for 16-level sentencing enhancement. 		Criminal Law and Procedure Mar. 21, 2007
U.S. v. Zakharov
In drug-smuggling case, conviction is proper where nexus between United States and seized cocaine supports jurisdiction. 		Criminal Law and Procedure Mar. 21, 2007
Hurd v. Superior Court (City of Los Angeles Police Dept.)
Pre-habeas corpus motion for discovery of peace officers' personnel records, not sought during original prosecution, is not allowed. 		Criminal Law and Procedure Mar. 21, 2007
People v. Mesa
Counsel's failure to object to prosecutor's comments about defendant's silence at trial did not prejudice outcome of trial. 		Criminal Law and Procedure Mar. 21, 2007
People v. Muldrow
Possibility of incarceration for alleged parole violation does not render parolee ineligible for drug treatment program provided by former Penal Code Section 1210.1. 		Criminal Law and Procedure Mar. 21, 2007
People v. Lincoln
Court exceeds its jurisdiction after remand where it modified prison sentence following directions to lift stay. 		Criminal Law and Procedure Mar. 21, 2007
People v. Allen
Defendant did not have constitutional right to testify at his SVP recommitment trial over his attorney's objection. 		Criminal Law and Procedure Mar. 21, 2007
U.S. v. Martinez-Rodriguez
When sentencing enhancement increases recidivist defendant's maximum possible sentence, defendant's recidivism need not be charged or proven beyond reasonable doubt. 		Criminal Law and Procedure Mar. 21, 2007
People v. Burch
Trial court did not abuse its discretion when it refused to bifurcate trial on prior convictions from trial on underlying charges. 		Criminal Law and Procedure Mar. 21, 2007
People v. Brown
Double punishment prohibition in Penal Code is not violated where assault with deadly weapon occurred after attempt to commit robbery ended. 		Criminal Law and Procedure Mar. 21, 2007
Barsamyan v. Appellate Division of the Superior Court of Los Angeles County (People)
Good cause existed for trial court to continue misdemeanor matter, thereby triggering new 10-day grace period. 		Criminal Law and Procedure Mar. 21, 2007
People v. Flores
Despite sexually violent predator's decision to undergo castration, jury's finding of future dangerousness was supported by substantial evidence. 		Criminal Law and Procedure Mar. 21, 2007
Shannon T., a Minor
Juvenile court's finding that minor committed sexual battery is proper where evidence shows he acted with requisite purpose. 		Criminal Law and Procedure Mar. 21, 2007
People v. Mutuma
Determination whether predicate offenses involve 'safe operation of motor vehicle upon highway' is question of law for judge, not jury. 		Criminal Law and Procedure Mar. 21, 2007
People v. Plengsangtip
Physical evidence and testimony contradicting denial of friend's involvement in murder supports finding of accessory charge at preliminary hearing. 		Criminal Law and Procedure Mar. 20, 2007
People v. Chacon
Defense of entrapment by estoppel is not available to defendant who allegedly relied on advice of city attorney. 		Criminal Law and Procedure Mar. 20, 2007
U.S. v. Ross
Supervised release condition forbidding defendant from associating with white supremacist members is proper where it is reasonably related to protection of public. 		Criminal Law and Procedure Mar. 20, 2007
People v. Bueno
Where People failed to prove prior conviction for battery with serious bodily injury was serious felony, offense did not qualify as 'strike.' 		Criminal Law and Procedure Mar. 20, 2007
People v. Demirdjian
Two consecutive terms of 25 years to life with possibility of parole are upheld even though defendant was juvenile at time of murders. 		Criminal Law and Procedure Mar. 20, 2007
People v. Grandy
Defendant who aims gun and pulls trigger has 'discharged' firearm for purposes of sentencing enhancement. 		Criminal Law and Procedure Mar. 20, 2007
People v. McCray
Requiring convicted felons to provide DNA samples which may be shared with international entities does not violate constitutional privacy rights. 		Criminal Law and Procedure Mar. 20, 2007
People v. Segura
Trial court had continuing authority to modify terms and conditions of probation, even over prosecutor's objection and despite plea agreement. 		Criminal Law and Procedure Mar. 20, 2007
People v. Tackett
In DUI case, evidence is inadmissible to show that driver was person other than defendant. 		Criminal Law and Procedure Mar. 20, 2007
In re Elkins
Aggravating factors of crime did not support governor's denial of parole for inmate who made exemplary rehabilitative progress during lengthy incarceration. 		Criminal Law and Procedure Mar. 20, 2007
People v. Poindexter
'Substantial period of watching and waiting' is required for lying-in-wait first degree murder, as well as for lying-in-wait special circumstance. 		Criminal Law and Procedure Mar. 20, 2007
People v. Hannibal
Commitment order is proper where defendant's challenges to denial of self-representation request, and relitigation of his mental state, fail. 		Criminal Law and Procedure Mar. 20, 2007
U.S. v. Ingham
If defendant admits to leading drug smuggling conspiracy, no explicit finding whether defendant exercised control over co-conspirators is necessary to impose sentencing enhancement. 		Criminal Law and Procedure Mar. 20, 2007
Ramos v. Superior Court (People)
Good cause attributed from one jointly charged codefendant to another does not permit continuing preliminary hearing for both defendants beyond 60 days. 		Criminal Law and Procedure Mar. 20, 2007
People v. Vargas
Commission of robbery while awaiting delayed sentencing hearing is violation of 'Cruz' waiver punishable by maximum term sentence. 		Criminal Law and Procedure Mar. 19, 2007
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