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Name Category Published
U.S. v. Clark
In unlawful possession of firearm case, resentencing is necessary because it cannot be determined whether court made factual finding to support enhancement. 		Criminal Law and Procedure Aug. 25, 2006
U.S. v. Beng-Salazar
Sentence is not proper where defendant preserved his claim that he has right to resentencing pursuant to advisory sentencing guidelines. 		Criminal Law and Procedure Aug. 25, 2006
U.S. v. Weber
Penile plethysmograph testing, as condition of supervised release, was imposed without necessary evidentiary record, justification and findings. 		Criminal Law and Procedure Aug. 24, 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 Aug. 24, 2006
U.S. v. Juvenile
In transferring juvenile to adult status, court must exercise its discretion to assume or decline to assume his guilt. 		Criminal Law and Procedure Aug. 24, 2006
People v. Hudson
Conviction for attempting to elude officers was improper where court failed to properly instruct jury regarding what is 'distinctively marked' police vehicle. 		Criminal Law and Procedure Aug. 24, 2006
People v. Carrasco
Firing gun after threat was made and two hours before defendant received money supports allegation of personally discharging firearm during commission of robbery. 		Criminal Law and Procedure Aug. 23, 2006
Verdin v. Superior Court (People)
Compelled prosecution mental examination of defendant is not form of discovery prohibited by criminal discovery statutes. 		Criminal Law and Procedure Aug. 23, 2006
People v. Shabazz
Convict sentenced to life imprisonment for first degree murder was also subject to sentence enhancement of 25 years to life. 		Criminal Law and Procedure Aug. 23, 2006
People v. Jantz
Court erred when it failed to give limiting instruction regarding convict's statements to experts concerning his judgment, but error was harmless. 		Criminal Law and Procedure Aug. 23, 2006
People v. Accredited Surety and Casualty Co. Inc.
Good cause exists to extend bail bond forfeiture period if surety shows due diligence to locate defendant and bring him into court. 		Criminal Law and Procedure Aug. 23, 2006
People v. Navarro
Search warrant based on information from alleged attorney's breach of confidentiality need not be quashed. 		Criminal Law and Procedure Aug. 23, 2006
People v. Balint
'Dominion and control' clause in search warrant authorizes seizure of open laptop computer since laptop is akin to digital filing cabinet. 		Criminal Law and Procedure Aug. 23, 2006
People v. Petrisca
Prosecutor's degree of comfort in trying killer of colleague's mother had no bearing on whether conflict of interest warranting recusal existed. 		Criminal Law and Procedure Aug. 23, 2006
People v. Castro
In felony false imprisonment conviction, court erred in failing to instruct on misdemeanor false imprisonment and error was not harmless. 		Criminal Law and Procedure Aug. 23, 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 Aug. 23, 2006
People v. Markley
In stalking case, equal protection principles are not necessarily implicated where defendant was not entitled to transcript of her prior stalking trial. 		Criminal Law and Procedure Aug. 23, 2006
People v. Gonzalez
In multiple, unrelated criminal cases, trial court erred when it failed to award defendant any presentence custody credits for second period of confinement. 		Criminal Law and Procedure Aug. 23, 2006
People v. Ryan
Various subdivisions of Penal Code Section 470 set forth different ways of committing forgery and not greater and lesser included offenses. 		Criminal Law and Procedure Aug. 23, 2006
People v. Brown
Retrial on counts of aggravated battery and assault was not barred despite People's concession that retrial was improper. 		Criminal Law and Procedure Aug. 22, 2006
U.S. v. Williams
'Intangible rights' theory of mail and wire fraud applied to private individual who breached fiduciary duty owed to vulnerable victim. 		Criminal Law and Procedure Aug. 22, 2006
People v. Laughlin
Statute's definition of conduct that is deemed legal equivalent of willful or wanton disregard for safety does not create impermissible mandatory presumption. 		Criminal Law and Procedure Aug. 22, 2006
U.S. v. Curtin
In solicitation of minor case, defendant's possession of stories illustrating sex with children was not part of 'transaction' that led to charges. 		Criminal Law and Procedure Aug. 22, 2006
U.S. v. Transfiguracion
Pursuant to terms of plea agreement, government was prohibited from prosecuting drug offenders on conspiracy charges after dismissal of importation charges. 		Criminal Law and Procedure Aug. 22, 2006
Vasquez-Ramirez v. U.S. District Court (United States of America)
District judge may not reject guilty plea that satisfies requirements of Federal Rule of Criminal Procedure 11(b). 		Criminal Law and Procedure Aug. 22, 2006
U.S. v. Garcia-Beltran
Government may require offender to submit new fingerprint exemplars to establish his identity at trial for illegal re-entry. 		Criminal Law and Procedure Aug. 22, 2006
U.S. v. Ligon
In theft cases, 'archaeological value' does not come within definition of 'value' as used in 18 U.S.C. Section 641. 		Criminal Law and Procedure Aug. 21, 2006
People v. Platz
Mother cannot assert consent defense to kidnapping, which resulted in her child's murder. 		Criminal Law and Procedure Aug. 21, 2006
People v. Lamb
Defense counsel's failure to disclose information from its accident reconstruction expert violated discovery rules. 		Criminal Law and Procedure Aug. 21, 2006
People v. Christopher
Defendant forfeited right to challenge jury instruction and response to request for clarification on appeal by failing to object at trial. 		Criminal Law and Procedure Aug. 21, 2006
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