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People v. Thoma
Defendant's silence in face of judge's description of victim's injuries is tacit admission of truth.
Criminal Law and Procedure Feb. 16, 2007
People v. Wilmshurst
In case involving conviction for unlawfully possessing machine gun, defendant's privilege against self-incrimination is not violated and his federal pre-emption argument fails.
Criminal Law and Procedure Feb. 16, 2007
U.S. v. Crapser
Where 'knock and talk' resulted in voluntary, consensual encounter between defendant and police, evidence seized was admissible.
Criminal Law and Procedure Feb. 16, 2007
U.S. v. Jiang
Evidence is insufficient to support Chinese citizen's conviction for intentionally making materially false statement to federal agent.
Criminal Law and Procedure Feb. 16, 2007
U.S. v. Jones
False representations made regarding unlawful appropriation of money that was previously acquired from investors in good faith constitutes wire fraud.
Criminal Law and Procedure Feb. 16, 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 Feb. 16, 2007
U.S. v. Lyons
In telemarketing fraud case, government did not err in introducing evidence that over 80 percent of donations went to telemarketers.
Criminal Law and Procedure Feb. 16, 2007
U.S. v. Hicks
'Booker' requirement that district courts treat Sentencing Guidelines as advisory applies to resentencing of defendants pursuant to 18 U.S.C. Section 3582(c).
Criminal Law and Procedure Feb. 16, 2007
U.S. v. Hernandez-Castro
Advisory nature of Federal Sentencing Guidelines post-'Booker' does not render guidelines advisory for purposes of calculating criminal history points.
Criminal Law and Procedure Feb. 16, 2007
U.S. v. Lazarenko
In case regarding forfeiture of assets from former Ukrainian prime minister, liquidators claiming they own forfeited assets lack standing to invoke jurisdiction.
Criminal Law and Procedure Feb. 16, 2007
People v. Perdomo
Some indication of coercive police activity in eliciting statement is required for statement to be deemed involuntary for constitutional purposes.
Criminal Law and Procedure Feb. 16, 2007
U.S. v. Blanton
Double jeopardy will attach if applicability of sentencing enhancement that would have increased defendant's maximum sentence is not proven and defendant is acquitted.
Criminal Law and Procedure Feb. 16, 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 Feb. 16, 2007
People v. Bell
Trial court's decision to strike, upon prosecutor's request, question and answer on cross-examination of defense exert was harmless error in death penalty case.
Criminal Law and Procedure Feb. 16, 2007
People v. Bellacosa
Offender's convictions in Nevada for conduct occurring in Nevada did not preclude his prosecution in California for conduct committed in California.
Criminal Law and Procedure Feb. 16, 2007
Ambriz v. Kelegian
Summary judgment in favor of respondents was improper where rape victim raised triable issue of fact about whether apartment's actions caused her injury.
Criminal Law and Procedure Feb. 16, 2007
People v. Goodwillie
Defendant's due process rights were violated when court misinformed him regarding eligibility for good behavior credits under plea bargain.
Criminal Law and Procedure Feb. 14, 2007
U.S. v. Mercado
District court did not err in sentencing when it considered criminal activity which defendants had been charged in indictment but were acquitted.
Criminal Law and Procedure Feb. 13, 2007
People v. Smith
Conviction is proper where defendant never asked for attorney during interrogation where he admitted involvement in murders.
Criminal Law and Procedure Feb. 13, 2007
U.S. v. Valle-Montalbo
Prior conviction for possessing methamphetamine for sale in violation of state statute is 'drug trafficking offense' for purposes of federal sentencing enhancement.
Criminal Law and Procedure Feb. 9, 2007
People v. Zackery
Information recorded by court clerk in minutes and abstract of judgment, which was inconsistent with judge's pronouncement of sentence, constitutes error.
Criminal Law and Procedure Feb. 7, 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 Feb. 7, 2007
People v. Mentch
In case regarding Compassionate Use Act, trial court improperly refused to provide requested 'primary caregiver' instruction to charge of cultivating marijuana.
Criminal Law and Procedure Feb. 6, 2007
People v. Ramirez
Trial court erred in admitting rape victim's statements made to third parties under spontaneous declaration exception to hearsay rule, but error was harmless.
Criminal Law and Procedure Feb. 6, 2007
People v. Ormonde
Motion to suppress evidence should have been granted where detective's illegal entry of residence led to discovery of contraband.
Criminal Law and Procedure Feb. 6, 2007
People v. Maestas
Only residential burglaries constitute first degree burglary and serious felonies, thus prior second degree burglary conviction may not trigger Three Strikes Law.
Criminal Law and Procedure Feb. 6, 2007
People v. Esquibel
Defendant's constitutional right to open trial is not violated where two spectators were excluded during testimony of minor.
Criminal Law and Procedure Feb. 6, 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 Feb. 6, 2007
People v. Ranger Insurance Co.
Trial court lost jurisdiction to declare bond forfeited when it failed to do so on defendant's initial nonappearance.
Criminal Law and Procedure Feb. 5, 2007
People v. Rutter
Although trial court erred in instructing jury on elements of perjury, error does not require reversal.
Criminal Law and Procedure Feb. 5, 2007