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Name Category Published
People v. Stanley
Judgment sentencing defendant to death was proper, but aggregate determinate sentence for his noncapital offenses must be reduced by two years. 		Criminal Law and Procedure Oct. 22, 2006
People v. MacArthur
Where defendant was convicted of receiving stolen property, jury should have been instructed with definition of 'stolen' and 'theft.' 		Criminal Law and Procedure Oct. 22, 2006
People v. Dominguez
Defendant arguing actual consent is not entitled to instruction on 'Mayberry' rape defense, nor nonkiller felony-murder liability, once convicted of underlying rape. 		Criminal Law and Procedure Oct. 22, 2006
People v. Garcia
Collateral estoppel bars state from prosecuting benefit recipients for welfare fraud who have been exonerated in administrative proceedings. 		Criminal Law and Procedure Oct. 22, 2006
People v. Massie
In torture case, offender harbored specific intent to cause extreme pain even if he acted 'in explosion of violence.' 		Criminal Law and Procedure Oct. 22, 2006
People v. Green
Commitment order is not proper where act of kicking out window of police car does not fall within Mentally Disordered Offender statute. 		Criminal Law and Procedure Oct. 22, 2006
People v. Smith
Burglary conviction is proper where danger arose from defendant's forced entry of his own home. 		Criminal Law and Procedure Oct. 22, 2006
People v. Stanley
Judgment sentencing defendant to death was proper, but aggregate determinate sentence for his noncapital offenses must be reduced by two years. 		Criminal Law and Procedure Oct. 20, 2006
People v. Estrada
Burglary conviction stands where during voir dire of prospective jurors, court properly told them that jurors must not participate in 'jury nullification'. 		Criminal Law and Procedure Oct. 20, 2006
People v. Celis
For jury instruction purposes, murder was 'complete' when victim died, not when fatal blow was struck. 		Criminal Law and Procedure Oct. 20, 2006
People v. Cottle
Once trial jury has been impaneled, regardless of whether alternate jurors are sworn, trial court lacks discretion to reopen jury selection. 		Criminal Law and Procedure Oct. 20, 2006
U.S. v. Guerrero-Velasquez
For purposes of sentencing guidelines, court must consider charging allegations when determining whether prior conviction under 'Alford' plea is crime of violence. 		Criminal Law and Procedure Oct. 19, 2006
People v. Musovich
Failure to charge sex offender with Penal Code Section 290(a)(1)(A) violation is harmless when offender is charged with Section 290(g)(2) violation. 		Criminal Law and Procedure Oct. 19, 2006
People v. Wright
Defendant found with scale and packages totaling one pound of marijuana may present Compassionate Use Act defense. 		Criminal Law and Procedure Oct. 19, 2006
U.S. v. Adjani
Incriminating evidence found on computer while executing valid search warrant at suspect's residence was admissible against suspect and third-party computer owner. 		Criminal Law and Procedure Oct. 19, 2006
U.S. v. Lynch
In illegal drug trafficking case, Hobbs Act is satisfied where there was sufficient evidence of direct effect on interstate commerce. 		Criminal Law and Procedure Oct. 19, 2006
U.S. v. Maciel-Vasquez
Court's decision to impose drug testing condition of supervised release did not seriously affect fairness, integrity or public reputation of judicial proceedings. 		Criminal Law and Procedure Oct. 19, 2006
U.S. v. Young
Federal firearm conviction based upon person's subjection to domestic violence restraining order may be upheld, even if order was invalid. 		Criminal Law and Procedure Oct. 19, 2006
U.S. v. Hartz
Conviction of interference with commerce by robbery is proper where admitted evidence was obtained during lawful police search. 		Criminal Law and Procedure Oct. 19, 2006
U.S. v. Manzo-Jurado
Seemingly innocuous behavior does not justify investigatory stop of suspected illegal aliens unless accompanied by particularlarized conduct that corroborates officer's suspicions. 		Criminal Law and Procedure Oct. 18, 2006
U.S. v. Ferryman
Offender's possession of firearms was in connection to offense of manufacturing marijuana thereby making him ineligible for relief from mandatory minimum sentence. 		Criminal Law and Procedure Oct. 18, 2006
U.S. v. Elliot
Where district court correctly found defendant's counsel had conflict of interest, court did not err in ruling manifest necessity justified mistrial. 		Criminal Law and Procedure Oct. 18, 2006
People v. Munoz
Trial court violated defendant's Sixth Amendment rights by denying his motion to relieve his retained attorney. 		Criminal Law and Procedure Oct. 18, 2006
People v. Najera
Defense attorney's failure to object to prosecutor's misstatements about law was harmless because defendant was not entitled to manslaughter instruction. 		Criminal Law and Procedure Oct. 18, 2006
U.S. v. Littlesun
In drug sale case, hearsay testimony against defendant was properly admitted by court during sentencing. 		Criminal Law and Procedure Oct. 18, 2006
Boyd v. Newland
State court did not violate clearly established federal law by using nonjury juvenile adjudication to enhance sentence. 		Criminal Law and Procedure Oct. 18, 2006
Hoffman v. Arave
Defendant received ineffective assistance of counsel during plea bargaining process where counsel's advice was based on incomplete research. 		Criminal Law and Procedure Oct. 18, 2006
Roy v. Lampert
Where habeas petitioners made sufficient allegations that they pursued claims diligently, they are entitled to evidentiary hearing on issue of equitable tolling. 		Criminal Law and Procedure Oct. 18, 2006
Weaver v. Palmateer
Grant of habeas relief is not proper where petitioner cannot show prejudice in his ineffective assistance of counsel claim. 		Criminal Law and Procedure Oct. 18, 2006
U.S. v. Salazar
Sufficient evidence supports finding defendant willfully and unlawfully caused destruction of documents filed and deposited with INS. 		Criminal Law and Procedure Oct. 18, 2006
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