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People v. Butler
Defendant may challenge sufficiency of HIV testing evidence on appeal even in absence of timely objection.
Criminal Law and Procedure Jan. 23, 2004
Illinois v. Lidster
Traffic stop aimed at obtaining information from motorists regarding past crime did not violate Fourth Amendment.
Criminal Law and Procedure Jan. 21, 2004
U.S. v. Bright
District court could not have reduced or offset defendant's obligations for forfeited funds not paid over to his victims.
Criminal Law and Procedure Jan. 13, 2004
Hell's Angels Motorcycle Corp. v. McKinley
Corporation had no reasonable expectation of privacy in documents that were subject of previous lawful seizure.
Criminal Law and Procedure Jan. 13, 2004
In re Price
Order
Criminal Law and Procedure Jan. 8, 2004
U.S. v. Peterson
Police entry into defendant's residence after someone inside suddenly opened door wasn't unreasonable under Fourth Amendment.
Criminal Law and Procedure Jan. 6, 2004
U.S. v. Peyton
Presumption of vindictiveness did not arise at appellant's resentencing because adjustment was supported by record.
Criminal Law and Procedure Jan. 6, 2004
Lord v. Lambert
Use of witness testimony derived from intercepted cordless phone conversation did not result in miscarriage of justice for defendant.
Criminal Law and Procedure Jan. 5, 2004
U.S. v. Brown
District court was not precluded from considering additional 34 grams of cocaine for purposes of raising defendant's sentencing range.
Criminal Law and Procedure Jan. 5, 2004
Maryland v. Pringle
Defendant's argument that his confession was fruit of illegal arrest is rejected because officers had probable cause to arrest.
Criminal Law and Procedure Dec. 23, 2003
Castro v. U.S.
Federal court cannot recharacterize prisoner's pro se motion for new trial as habeas petition without warning.
Criminal Law and Procedure Dec. 23, 2003
People v. Athar
Single overt act committed during limitations period supports conviction for multiple transactions of money laundering.
Criminal Law and Procedure Dec. 22, 2003
People v. Smith
Pre-arrest sentence manipulation by police violated defendants' due process rights and requires modification of their sentences.
Criminal Law and Procedure Dec. 21, 2003
Opinion of Lockyer
Neither federal statutes nor state statutes governing issuance of subpeonas provide authority for state law enforcement officers to use pen registers.
Criminal Law and Procedure Dec. 19, 2003
People v. Pigage
Deputy district attorney who repeatedly threatened to defy court order committed prosecutorial misconduct.
Criminal Law and Procedure Dec. 18, 2003
People v. Tardy
Pleading was sufficient to put defendant on notice of prior conviction that would support enhanced sentence.
Criminal Law and Procedure Dec. 12, 2003
In re Calhoun
Medical personnel did not act improperly in treating sexually violent predators with psychotropic drugs.
Criminal Law and Procedure Dec. 12, 2003
People v. Punzalan
City lacks standing to challenge court's order sealing arrest record of factually innocent defendant.
Criminal Law and Procedure Dec. 12, 2003
People v. Pirnia
Physician who performed unsuccessful breast enhancement while his license was suspended is guilty of mayhem.
Criminal Law and Procedure Dec. 12, 2003
People v. Dixon
Defendant's failure to report by mail to probation officer was non-drug related violation of probation under Proposition 36.
Criminal Law and Procedure Dec. 12, 2003
People v. Cervantes
Same prior conviction cannot be used to qualify for 25-years-to-life sentence and as strike under Three Strikes law.
Criminal Law and Procedure Dec. 11, 2003
People v. Chico
Trial court did not err by imposing consecutive firearms enhancement for each of four counts of robbery stemming from simultaneous robbery of four victims.
Criminal Law and Procedure Dec. 11, 2003
Burris v. Superior Court (People)
Penal code section does not bar district attorney from refiling dismissed misdemeanor charge as felony.
Criminal Law and Procedure Dec. 10, 2003
People v. Batts
Prosecutor's intentional misconduct that resulted in mistrial did not bar retrial of defendants.
Criminal Law and Procedure Dec. 10, 2003
Abatti v. Superior Court (People)
Court will determine whether former police officer's personnel records indicated propensity to fabricate facts.
Criminal Law and Procedure Dec. 10, 2003
People v. Aguilar
Appeal dismissed for failure to obtain in timely manner required certificates of probable cause.
Criminal Law and Procedure Dec. 10, 2003
People v. Anson
Citizen's arrest of defendant was timely and subsequent search of defendant's camper was lawful.
Criminal Law and Procedure Dec. 10, 2003
People v. Duncan
Judge decides not to remand Vietnam veteran's manslaughter case for resentencing.
Criminal Law and Procedure Dec. 10, 2003
People v. Carter
Because trial court's errors were nonprejudicial, defendant's sentence of death is affirmed.
Criminal Law and Procedure Dec. 10, 2003
People v. Garza
Imposition of full and separately served enhancement is proper where crimes involve sodomy and forced oral copulation.
Criminal Law and Procedure Dec. 9, 2003