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People v. Chaney
Objection based on defendant's inability to cross-examine out-of-court witness at trial does not preserve claim for violation of Confrontation Clause on appeal.
Criminal Law and Procedure Mar. 19, 2007
People v. Scott
Father convicted of incestuous conduct with adult daughter cannot assert due process rights where statute serves legitimate state interest.
Criminal Law and Procedure Mar. 19, 2007
People v. Cooper
Confrontation Clause precludes neither videotaped evidence depicting elder's mental status and house condition nor expert opinion based on hearsay in interviews.
Criminal Law and Procedure Mar. 19, 2007
U.S. v. Lopez
Motion to suppress evidence is properly denied where there was probable cause to believe that defendant was accessory to crime.
Criminal Law and Procedure Mar. 16, 2007
Robbins v. Carey
Federal district court is not required to consider sua sponte stay-and-abeyance procedure for writ petitions.
Criminal Law and Procedure Mar. 16, 2007
Summers v. Schriro
Of-right proceeding is form of direct review that delays start of limitations period for plea-convicted defendants seeking habeas corpus relief.
Criminal Law and Procedure Mar. 16, 2007
U.S. v. Parry
Methamphetamine delivery punishable by statutory 10-year maximum sentence is 'serious drug offense' under Armed Career Criminal Act.
Criminal Law and Procedure Mar. 16, 2007
Raich v. Gonzales
Plaintiff who uses marijuana for medical purposes cannot assert necessity defense as proper basis for injunctive relief.
Criminal Law and Procedure Mar. 16, 2007
U.S. v. Sales
Supervised release conditions must be related to nature and circumstances of defendant's crime, and involve no greater deprivation of liberty than reasonably necessary.
Criminal Law and Procedure Mar. 14, 2007
Benitez v. Garcia
Federal habeas courts may enforce limitations on punishment of extradited fugitive if punishment exceeds that imposed by extraditing country.
Criminal Law and Procedure Mar. 14, 2007
People v. Garcia
Upon revocation of probation, trial court's reduction of defendant's sentence and removal of sex offender registration requirement was unauthorized.
Criminal Law and Procedure Mar. 14, 2007
U.S. v. Novak
Criminal defendant's retirement benefits are available as source of funds to compensate crime victims.
Criminal Law and Procedure Mar. 14, 2007
People v. Catley
Caretaker who uses patient's money to buy SUV commits larceny and is not denied due process by instruction regarding impaired witness' credibility.
Criminal Law and Procedure Mar. 12, 2007
Sarausad v. Porter
Instruction is unconstitutional if its ambiguity creates reasonable likelihood that juries will apply instruction in manner that relieves state of its burden of proof.
Criminal Law and Procedure Mar. 9, 2007
U.S. v. Lewellyn
Intentionally spitting on male patient is offensive touching that rises to level of simple assault under theory of attempted battery.
Criminal Law and Procedure Mar. 9, 2007
People v. Perez
Motion for constructive filing of late statement of reasonable grounds for appeal is denied where statement raises 'clearly frivolous' issue.
Criminal Law and Procedure Mar. 9, 2007
People v. Dixon
Jury properly finds defendant to be sexually violent predator where presence of camera and reporters in courtroom did not adversely affect trial.
Criminal Law and Procedure Mar. 9, 2007
People v. James
Conviction of kidnapping for robbery is proper where outdoor maintenance worker was forced inside club at gunpoint.
Criminal Law and Procedure Mar. 9, 2007
People v. Villa
Coram nobis writ is properly denied where improper advice as to immigration status amounts to mistake of law, not mistake of fact.
Criminal Law and Procedure Mar. 9, 2007
People v. Santos
Defendant's inability to speak to jury after trial, due to juror's post-verdict departure through private corridor, does not violate due process.
Criminal Law and Procedure Mar. 9, 2007
People v. Price
Belated petition to extend defendant's commitment must afford him time to prepare for trial before his release date, to comport with due process.
Criminal Law and Procedure Mar. 9, 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 Mar. 9, 2007
People v. Superior Court (Decker)
Man who hired undercover detective to murder sister is guilty of attempted murder.
Criminal Law and Procedure Mar. 8, 2007
Jesus O., a Minor
Where juvenile intended to steal, caused property to fall on floor, and then gained possession of property, offense qualifies as grand theft.
Criminal Law and Procedure Mar. 8, 2007
People v. Sun
Court improperly dismisses nine counts in 'consolidation' of weapons offense, but correctly suppresses evidence obtained from dealer's compliance with firearms registration requirements.
Criminal Law and Procedure Mar. 8, 2007
In re Walker
Relief granted where it is reasonably probable that verdict would have been different if evidence of intimate partner battering was introduced at trial.
Criminal Law and Procedure Mar. 7, 2007
People v. Perez
Motion for constructive filing of late statement of reasonable grounds for appeal is denied where statement raises 'clearly frivolous' issue.
Criminal Law and Procedure Mar. 7, 2007
People v. Matye
Evidence is sufficient to establish defendant's victim was dependent adult where statute's word 'restrict' is not synonymous with 'preclude.'
Criminal Law and Procedure Mar. 7, 2007
In re Martinez
Order
Criminal Law and Procedure Mar. 7, 2007
In re Pedroza
Trial court did not abuse discretion in admitting relevant videotaped demonstration, conducted under substantially similar circumstances as alleged arson.
Criminal Law and Procedure Mar. 7, 2007