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Name Category Published
U.S. v. King
Ninth Circuit cases are overruled to extent they hold that no constitutional difference exists between probation and parole for Fourth Amendment purposes. 		Criminal Law and Procedure Aug. 1, 2012
People v. Barrett
Although defendant was not advised of right to jury trial, due process challenge to civil commitment proceeding fails because mental retardation affected defendant's ability to make decisions. 		Criminal Law and Procedure Jul. 31, 2012
People v. Tully
In death penalty case, prosecutor’s biblical references in closing arguments do not warrant reversal because defendant was not prejudiced by such remarks. 		Criminal Law and Procedure Jul. 31, 2012
People v. Villatoro
Jury instruction permitting jury to use evidence of defendant's guilt as to other charged offenses is proper because whether offense was charged or uncharged did not affect relevance. 		Criminal Law and Procedure Jul. 31, 2012
People v. Rodriguez
For purposes of conviction for resisting officer, flight from officers, coupled with tossing of object during pursuit, supports reasonable suspicion for lawful detention. 		Criminal Law and Procedure Jul. 31, 2012
People v. Ellis
Defendant is not entitled to conduct credits at enhanced rate for entire period of presentence incarceration because amendment to Penal Code Section 4019 applies prospectively only. 		Criminal Law and Procedure Jul. 31, 2012
People v. Daniels
Increased restitution fine imposed following retrial violates state constitutional protections against double jeopardy. 		Criminal Law and Procedure Jul. 31, 2012
People v. Anderson
Defendant's statement does not constitute adoptive admission where it was made days after victim's accusation and contained denial of accusation. 		Criminal Law and Procedure Jul. 30, 2012
Cook v. Ryan
Habeas petitioner, who was convicted of first-degree murder and sentenced to death, cannot assert ineffective assistance of counsel claim where he elected to represent himself. 		Criminal Law and Procedure Jul. 30, 2012
U.S. v. Valdes-Vega
Officers lack reasonable suspicion of smuggling activity where driver does not flee and commits only minor traffic violations while driving 70 miles from U.S.-Mexican border. 		Criminal Law and Procedure Jul. 26, 2012
People v. Jones
Defendant who dissuades witness from appearing in criminal proceeding forfeits constitutional right to confront witness under doctrine of forfeiture by wrongdoing. 		Criminal Law and Procedure Jul. 25, 2012
People v. McKee
Disparate treatment of sexually violent predators from other mentally disordered offenders is justified by their high risk of recidivism and danger to unique class of victims. 		Criminal Law and Procedure Jul. 25, 2012
People v. Thomas
Suspect's confession is admissible where suspect waived right to counsel as to one crime and then again waived rights as to second crime. 		Criminal Law and Procedure Jul. 24, 2012
U.S. v. Oliva
Government may monitor background conversations overheard during standard cell phone intercepts where particular cell phone is specifically listed in court order. 		Criminal Law and Procedure Jul. 23, 2012
U.S. v. Rangel
Notice is not required where court implicitly relied on variance factors in imposing sentence and did not constitute departure from Sentencing Guidelines range. 		Criminal Law and Procedure Jul. 23, 2012
In re Batie
Claim for award of credits against parole period is dismissed for lack of controversy in light of prisoner’s unopposed release. 		Criminal Law and Procedure Jul. 23, 2012
People v. Werner
Officer's general fear of danger fails to justify search under protective sweep doctrine where no articulable facts of danger exist. 		Criminal Law and Procedure Jul. 23, 2012
In re Davidson
Reversal of agency’s denial of parole is improper where there is some evidence that defendant’s history with alcohol presented unreasonable risk to public safety. 		Criminal Law and Procedure Jul. 23, 2012
People v. Lara
Court does not have discretion under Penal Code Section 1385 to disregard historical facts that disqualify prisoner from earning day-to-day conduct credits. 		Criminal Law and Procedure Jul. 20, 2012
People v. Yarbrough
Second floor balcony with metal railing is part of dwelling's outer boundary for purposes of entry required for residential burglary conviction. 		Criminal Law and Procedure Jul. 20, 2012
Runningeagle v. Ryan
No 'Brady' violation occurs where information is speculative and would not affect accused's guilt or sentence. 		Criminal Law and Procedure Jul. 19, 2012
In re Tapia
Grant of habeas relief is improper where ‘some evidence’ supports denial of parole based on prisoner's current dangerousness due to his allegiance to co-offender. 		Criminal Law and Procedure Jul. 19, 2012
U.S. v. Pope
Police search is legal where suspect admitted to marijuana possession and officer verbally ordered suspect to turn over contraband. 		Criminal Law and Procedure Jul. 18, 2012
People v. Favor
Trial court is not required to instruct jury that premeditated attempt to murder must have been natural and probable consequence of target offense. 		Criminal Law and Procedure Jul. 17, 2012
People v. Riccardi
Erroneous excusal of prospective juror based on views concerning death penalty automatically compels reversal of penalty phase judgment without conducting prejudice inquiry. 		Criminal Law and Procedure Jul. 17, 2012
People v. Runyan
Mandatory restitution awarded to estate of victim is invalid because award did not represent loss incurred by decedent prior to his death due to defendant's crime. 		Criminal Law and Procedure Jul. 17, 2012
U.S. v. Pariseau
In attempted possession case, venue is proper in district where defendant took substantial steps in pursuit of offense, rather than district where arrest occurred. 		Criminal Law and Procedure Jul. 17, 2012
People v. Beard
Three-year enhancement for prior narcotics conviction is not subject to one-third limit because enhancement did not relate to circumstances of crime. 		Criminal Law and Procedure Jul. 16, 2012
People v. Pena
Trial court's exclusion of family members from trial is valid where it prevented delay and protected interests of defendants. 		Criminal Law and Procedure Jul. 16, 2012
People v. Nishi
Warrantless search of campsite does not violate Fourth Amendment where defendant had no legitimate expectation of privacy when he was not lawfully on premises. 		Criminal Law and Procedure Jul. 16, 2012
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