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Name Category Published
Barnett v. Superior Court (People)
Defendant's request for original notes taken by 22 out-of-state officers who conducted interviews of testifying witnesses was erroneously denied. 		Criminal Law and Procedure Jan. 10, 2007
Kennedy v. Superior Court (People)
Defendant who seeks postconviction discovery has not shown he would have been entitled to requested materials at time of trial. 		Criminal Law and Procedure Jan. 10, 2007
People v. Bradley
Whether public official's expenditure was personal or municipal is decisive issue for jury to determine if official committed misappropriation. 		Criminal Law and Procedure Jan. 10, 2007
U.S. v. Staten
Sentence enhancement imposed upon convicted drug offender was improper where court failed to make factual determination required by U.S. Sentencing Guidelines. 		Criminal Law and Procedure Jan. 10, 2007
People v. Cuevas
In challenging legality of sentence, defendant need not obtain certificate of probable cause where there was no agreement as to sentencing 'lid'. 		Criminal Law and Procedure Jan. 10, 2007
Hydrick v. Hunter
Where sexually violent predators challenge conditions of confinement, Eleventh Amendment does not bar claim for damages against defendants in their individual capacities. 		Criminal Law and Procedure Jan. 10, 2007
People v. Rasmuson
Sexually violent predator's petition for conditional release is improperly denied where People failed to establish he is likely to reoffend. 		Criminal Law and Procedure Jan. 9, 2007
People v. Isom
Defendant charged with committing lewd and lascivious act is not entitled to lesser included offense instruction for crime of annoying or molesting minor. 		Criminal Law and Procedure Jan. 9, 2007
Plascencia v. Alameida
Defendant's habeas petition is properly denied where her attorney's representation satisfied reasonableness standard. 		Criminal Law and Procedure Jan. 9, 2007
Anderson v. Terhune
Where defendant's attempted invocation of his right to remain silent was ambiguous, officer's subsequent questioning seeking clarification did not violate defendant's rights. 		Criminal Law and Procedure Jan. 9, 2007
Snow-Erlin v. United States
Claim for negligent miscalculation of parole release date amounted to false imprisonment claim that was barred by Federal Tort Claims Act. 		Criminal Law and Procedure Jan. 9, 2007
Boyd v. Newland
State court did not violate clearly established federal law by using nonjury juvenile adjudication to enhance sentence. 		Criminal Law and Procedure Jan. 9, 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 Jan. 9, 2007
U.S. v. Mendez
Handgun seized must be suppressed because suspect's prior gang membership and prison sentence did not justify officers' expanded interrogation during traffic stop. 		Criminal Law and Procedure Jan. 9, 2007
People v. Anderson
Videotaped confession is not considered part of oral proceedings at trial, therefore defendant cannot request settled statement hearing on its content post-trial. 		Criminal Law and Procedure Jan. 9, 2007
In re Nourn
Murder conviction is not proper where counsel's failure to present evidence of battered women's syndrome was prejudicial. 		Criminal Law and Procedure Jan. 8, 2007
People v. Windham
Where jail has announced blanket policy of recording all outcoing inmate calls, inmate impliedly consents to recording of his calls by using phone. 		Criminal Law and Procedure Jan. 8, 2007
People v. Johnson
Where offender had not yet completed prison term arising from prior conviction, application of sentence enhancement for this term was improper. 		Criminal Law and Procedure Jan. 8, 2007
People v. Dutra
Even if trial court believes that appellate ruling is incorrect, it only has jurisdiction to carry out judgment ordered by remittitur. 		Criminal Law and Procedure Jan. 8, 2007
People v. Arnold
Possession of frame, receiver, or barrel of gun by itself is sufficient to support conviction of felon for being in possession of firearm. 		Criminal Law and Procedure Jan. 8, 2007
People v. Harris
Defendant is improperly convicted of bringing medical marijuana to jail where statute's plain language does not apply to controlled substances. 		Criminal Law and Procedure Jan. 8, 2007
People v. Berry
Probation condition requiring defendant not to possess medical marijuana bore reasonable relationship to his criminality and was therefore proper. 		Criminal Law and Procedure Jan. 8, 2007
U.S. v. Luong
For jurisdictional purposes, 'interception' of telephone communication occurs at or near situs of tapped telephone and where intercepted call is first heard. 		Criminal Law and Procedure Jan. 8, 2007
U.S. v. Comprehensive Drug Testing Inc.
In case involving alleged illegal steroid distribution, court erroneously found issuance of subpoenas and execution of search warrants to be unreasonable. 		Criminal Law and Procedure Jan. 8, 2007
U.S. v. Nobriga
Where defendant was indicted for possessing firearm after conviction of crime of domestic violence, motion to dismiss was improperly denied. 		Criminal Law and Procedure Jan. 8, 2007
Kennedy v. Superior Court (People)
Defendant who seeks postconviction discovery has not shown he would have been entitled to requested materials at time of trial. 		Criminal Law and Procedure Jan. 8, 2007
U.S. v. Silva
Offender had no constitutional or statutory right to allocution during 'Ameline' remand. 		Criminal Law and Procedure Jan. 8, 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 Jan. 8, 2007
People v. Popular
Defendant improperly asserts that, after three years, trial court loses jurisdiction to revoke deferred entry of judgment. 		Criminal Law and Procedure Jan. 8, 2007
People v. McCann
Following reversal of his conviction for practicing medicine without license, defendant was entitled to finding of factual innocence. 		Criminal Law and Procedure Jan. 8, 2007
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