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People v. Briseno
Defendant’s failure to obtain certificate of probable cause on claim challenging guilty plea, which was previously dismissed for same reason, precludes appellate review. 		Criminal Law and Procedure Feb. 28, 2012
People v. Tuggle
Defendant's fingerprints found on vase in regularly cleaned model home, which had been closed to public, is enough to support burglary conviction. 		Criminal Law and Procedure Feb. 26, 2012
People v. Smith
Trial court has discretion to dismiss ‘strike’ and must consider particulars of defendant’s background, including his mental illness, in exercising discretion. 		Criminal Law and Procedure Feb. 26, 2012
People v. Cardwell
Burglary conviction under Penal Code Section 464 is unsupported because defendant was not inside building before using torch to cut hole in store's door. 		Criminal Law and Procedure Feb. 23, 2012
People v. Thomas
Separate murder charge is properly joined with charges related to killing of police officers because each involved murder and there was no clear showing of prejudice. 		Criminal Law and Procedure Feb. 23, 2012
People v. Haraszewski
Defendant may be convicted of multiple violations for each act of knowing duplication of child pornography with intent to distribute to minors. 		Criminal Law and Procedure Feb. 23, 2012
People v. Kunath
If concurrent sentences are imposed for unrelated crimes, defendant is entitled to presentence credits on each sentence where he is not also in postsentence custody for other crime. 		Criminal Law and Procedure Feb. 23, 2012
People v. Mata
Court errs in reseating prospective juror, who prosecution improperly challenged based on race, instead of discharging venire, where defendant did not consent to reseating. 		Criminal Law and Procedure Feb. 23, 2012
People v. Colvin
Qualified patient operating legitimate dispensary is entitled to defense on charge of transporting marijuana from one dispensary to another for medical purposes. 		Criminal Law and Procedure Feb. 23, 2012
Howes v. Fields
Isolation of prisoner for questioning about criminal involvement prior to incarceration is insufficient to create custodial interrogation situation within meaning of ‘Miranda.’ 		Criminal Law and Procedure Feb. 22, 2012
Wetzel v. Lambert
State court's decision that potentially exculpatory police activity sheet was mere ambiguously worded notation and too speculative is reasonable. 		Criminal Law and Procedure Feb. 22, 2012
Mardesich v. Cate
Defendant untimely files claims for habeas relief where they are predicated upon denial of administrative appeal, which became final 18 months prior to filing. 		Criminal Law and Procedure Feb. 22, 2012
People v. Sanders
Defendant's admission of allegations set forth in involuntary civil commitment proceeding under Sexually Violent Predators Act waives constitutional right to speedy trial. 		Criminal Law and Procedure Feb. 22, 2012
People v. Mbaabu
Defendant is not entitled to relief where his plea exposed him to deportation but his attorney failed to admonish him of immigration consequences of plea. 		Criminal Law and Procedure Feb. 21, 2012
People v. McCloud
Provision of Sexually Violent Predator Act that allows judges to deny petitions as ‘frivolous’ may violate equal protection by disparately treating similarly situated persons. 		Criminal Law and Procedure Feb. 21, 2012
People v. Torres
Defendant must serve her entire sentence in state prison, not county jail, where county sentence ran in conjunction with sentence she was already serving in state prison. 		Criminal Law and Procedure Feb. 21, 2012
People v. Leavel
Evidence is sufficient for finding of kidnapping for robbery where defendant unnecessarily forced victim to accompany him as he searched her house. 		Criminal Law and Procedure Feb. 21, 2012
In re Thompkins
Prison inmate is not denied due process where he is not permitted to attend hearing regarding his application for advanced parole hearing. 		Criminal Law and Procedure Feb. 16, 2012
U.S. v. Lopez-Avila
Double jeopardy does not bar retrial following mistrial where prosecutor altered statements from guilty plea hearing to make it seem that defendant lied. 		Criminal Law and Procedure Feb. 15, 2012
U.S. v. Yeung
Mandatory Victims Restitution Act requires court to provide adequate explanation in reaching amount of restitution to victims of fraudulent real estate investment scheme. 		Criminal Law and Procedure Feb. 14, 2012
The American Civil Liberties Union of Nevada v. Masto
State legislature's decision to enact sex offender registration and notification requirements retroactively does not violate constitutional prohibition of retroactive additional punishments. 		Criminal Law and Procedure Feb. 13, 2012
People v. Brandao
Defendants convicted of annoying child motivated by abnormal sexual interest are not similarly situated with sex offenders that receive discretionary sexual registration requirements. 		Criminal Law and Procedure Feb. 10, 2012
In re Mims
Parole agency’s determination of defendant’s unsuitability for parole is supported by some evidence, which compels denial of petition for habeas relief. 		Criminal Law and Procedure Feb. 10, 2012
People v. Louie
Street terrorism sentence is stayed where defendants had already been punished for criminal acts underlying street terrorism charges. 		Criminal Law and Procedure Feb. 9, 2012
U.S. v. Kimsey
Conviction under federal criminal contempt statute for unauthorized practice of law cannot be based on violation of state court's local rules. 		Criminal Law and Procedure Feb. 9, 2012
People v. Holford
In prosecution for possession of child pornography, 25-minute video of child pornography may be shown to jury in its entirety because of high probative value. 		Criminal Law and Procedure Feb. 9, 2012
People v. Latham
Evidence is sufficient to support finding of second degree murder where parents knew of daughter's potentially fatal condition, but did not seek medical attention. 		Criminal Law and Procedure Feb. 8, 2012
Farmer v. McDaniel
Where initial sentence imposes death penalty that is later vacated, state may reimpose death penalty on another basis without violating double jeopardy. 		Criminal Law and Procedure Feb. 8, 2012
People v. Enraca
Defendant waives his right to invoke counsel when he initiated conversation with officer after interrogation ended and freely confessed to committing murders. 		Criminal Law and Procedure Feb. 7, 2012
People v. Fuiava
Trial court properly excludes defendant’s proferred evidence that had only marginal relevance to his claim that his shooting of deputy was justified. 		Criminal Law and Procedure Feb. 7, 2012
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