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Name Category Published
Henderson v. United States
Does court commit reversible error when it imposes rehabilitation-oriented sentence exceeding sentencing range prior to Supreme Court's clarification of law?
Criminal Law and Procedure Jun. 25, 2012
Miller v. Alabama
Eighth Amendment forbids sentencing scheme that mandates life in prison without possibility of parole for juvenile homicide offenders.
Criminal Law and Procedure Jun. 25, 2012
U.S. v. Suarez
Court errs in applying mandatory minimum sentence when defendant had pled guilty to drug possession and entered deferred entry of judgment program.
Criminal Law and Procedure Jun. 24, 2012
U.S. v. Collins
Court commits procedural error by failing to provide sufficient analysis for imposition of residency restrictions in lifetime term of supervised release.
Criminal Law and Procedure Jun. 24, 2012
Johnson v. Uribe
District court abuses discretion by granting habeas petition subject only to resentencing where defendant received ineffective assistance of counsel throughout entire plea bargaining process.
Criminal Law and Procedure Jun. 24, 2012
U.S. v. Rivera
Court violates defendant's Sixth Amendment right to fair trial when it excludes family members from courtroom during sentencing.
Criminal Law and Procedure Jun. 24, 2012
People v. Iboa
Defendant may be convicted for threatening unlawful violence on officer, which deterred performance of officer’s duty, without running afoul of First Amendment.
Criminal Law and Procedure Jun. 24, 2012
Southern Union Co. v. U. S.
Maximum punishment authorized for particular crime must be proved to jury beyond reasonable doubt where criminal fine is substantial enough to trigger Sixth Amendment’s jury-trial guarantee.
Criminal Law and Procedure Jun. 21, 2012
Dorsey v. U.S.
Fair Sentencing Act’s new, lower mandatory minimum prison terms apply to post-Act sentencing of pre-Act crack cocaine offenders.
Criminal Law and Procedure Jun. 21, 2012
People v. Correa
By its plain language, Penal Code Section 654 does not bar multiple punishment for multiple violations of same criminal statute.
Criminal Law and Procedure Jun. 21, 2012
People v. Jones
Defendant may not be punished separately for being felon in possession of firearm, carrying concealed firearm, and carrying loaded firearm based on single act.
Criminal Law and Procedure Jun. 21, 2012
U.S. v. Mak
Defendant who conspired to violate export control laws is properly convicted under Arms Export Control Act, which is not unconstitutionally vague because it is content neutral.
Criminal Law and Procedure Jun. 21, 2012
U.S. v. Ramos-Medina
First degree residential burglary under California Penal Code Section 459 constitutes crime of violence under immigration laws and for purposes of sentencing.
Criminal Law and Procedure Jun. 21, 2012
U.S. v. Wing
Court lacks jurisdiction to revoke term of supervised released based on newly discovered violations of previously revoked term of supervised release.
Criminal Law and Procedure Jun. 21, 2012
Marrero v. Ives
Claim that petitioner was wrongly classified as career offender under sentencing guidelines is not cognizable as claim of ‘actual innocence’ under escape hatch.
Criminal Law and Procedure Jun. 19, 2012
U.S. v. Marquez-Lobos
For purposes of sentence enhancement for crime of violence, Arizona's kidnapping statute categorically meets generic definition of kidnapping.
Criminal Law and Procedure Jun. 19, 2012
U.S. v. Becker
District court does not commit plain error by imposing sex offender registration condition on defendant who admitted to possessing child pornography.
Criminal Law and Procedure Jun. 19, 2012
Peck v. Thomas
Bureau of Prisons' regulations categorically excluding certain classes of inmates from eligibility for early release is not violation of Administrative Procedure Act.
Criminal Law and Procedure Jun. 19, 2012
Williams v. Illinois
Expert's testimony concerning third party lab's report does not violate Confrontation Clause where report was not admitted into evidence.
Criminal Law and Procedure Jun. 18, 2012
Smith v. United States
When witnesses testify about colleagues' scientific reports, but report writers themselves do not testify, is Confrontation Clause violated?
Criminal Law and Procedure Jun. 18, 2012
People v. Brown
New formula for calculating local custody credits cannot be applied retroactively to defendant who had already been convicted prior to enactment of law.
Criminal Law and Procedure Jun. 18, 2012
Briggs v. Grounds
Prosecutor exercises peremptory challenges in lawful manner when she questioned jurors similarly and provided race-neutral reasons for challenges.
Criminal Law and Procedure Jun. 17, 2012
People v. Little
First degree burglary conviction is appropriate when burglary occurred while realtor conducted open house on behalf of homeowners, who had left premises.
Criminal Law and Procedure Jun. 17, 2012
Macy v. Superior Court (People)
Dismissal is not proper remedy for sexually violent predator proceedings when experts produce conflicting evaluations.
Criminal Law and Procedure Jun. 17, 2012
People v. Aldana
Conviction for knowingly keeping false accounts is improper where timesheets may have been inaccurate, but were not materially false.
Criminal Law and Procedure Jun. 14, 2012
U.S. v. Elkins
Requiring sex offender to register under Sex Offenders Registration and Notification Act does not violate Ex Post Facto Clause because registration requirement is not punitive.
Criminal Law and Procedure Jun. 14, 2012
People v. Rangel
Search of text messages in defendant's cell phone occurs under valid warrant where phone likely contained items that were functional equivalent of those listed in warrant.
Criminal Law and Procedure Jun. 14, 2012
People v. Solis
Defendant is properly sentenced to full consecutive terms for multiple counts of forcible rape because legal standard for finding that offenses were committed on 'separate occasions' is not unconstitutionally vague.
Criminal Law and Procedure Jun. 13, 2012
U.S. v. Berry
Jury instruction on social security fraud, which merged definitions of 'knowingly' and 'willfully,' is harmless error where payee defendant had notice of responsibilities.
Criminal Law and Procedure Jun. 12, 2012
Parker v. Matthews
Antiterrorism and Effective Death Penalty Act of 1996 proscribes using federal habeas review as vehicle to second-guess reasonable decisions of state courts.
Criminal Law and Procedure Jun. 11, 2012