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People v. Burns
Court errs in instructing jury in second trial that defendant committed aggravated trespassing, thus invoking collateral estoppel against defendant.
Criminal Law and Procedure Sep. 14, 2011
In re Cabrera
Inmate’s possession of drawings signed by gang affiliate does not show direct link between two to support inmate’s validation as gang member.
Criminal Law and Procedure Sep. 12, 2011
U.S. v. McCarty
Airport search of defendant’s luggage, which was conducted during course of limited administrative search, is not unlawful.
Criminal Law and Procedure Sep. 12, 2011
People v. Julian
Defendant’s manslaughter conviction may be enhanced based on grievous injuries to other victims, but not victim’s own injuries.
Criminal Law and Procedure Sep. 9, 2011
U.S. v. Santini
Evidence based on vague ‘rap sheet’ is inadmissible to support allegation that defendant had extensive prior law enforcement contacts.
Criminal Law and Procedure Sep. 9, 2011
Gray v. Kelly
Application for stay of district court's briefing schedule until court acts on petition for writ of certiorari is denied because petitioner invoked inapplicable standard.
Criminal Law and Procedure Sep. 8, 2011
Sivak v. Hardison
Defendant’s due process rights are violated where state’s failure to correct informant’s false testimony prejudiced defendant at penalty phase.
Criminal Law and Procedure Sep. 8, 2011
U.S. v. Rodgers
Probable cause to arrest passenger does not create automatic probable cause to search vehicle without facts indicating vehicle contains evidence of crime.
Criminal Law and Procedure Sep. 8, 2011
Ybarra v. McDaniel
Petitioner exhausts state claim regarding denial of change of venue motion where denial was reviewed on interlocutory appeal.
Criminal Law and Procedure Sep. 7, 2011
Payton v. Cullen
Habeas relief is unwarranted where there was no reasonable probability that defendant’s post-traumatic stress disorder defense carried weight.
Criminal Law and Procedure Sep. 6, 2011
People v. Buza
Seizure of DNA pursuant to statute, which required DNA samples from felony arrestees immediately following arrest, violates Fourth Amendment.
Criminal Law and Procedure Sep. 2, 2011
Jackson v. Ryan
Jury instruction adding different language to element of felony murder relieves prosecution of burden to prove every element, violating defendant’s due process rights.
Criminal Law and Procedure Sep. 2, 2011
U.S. v. Lafley
Government has compelling interest in denying convicted drug felon exemption under Religious Freedom Restoration Act to use marijuana during supervised release.
Criminal Law and Procedure Sep. 2, 2011
U.S. v. Hunt
Court errs in imposing heightened sentence for defendant based on specific drug type, even though defendant never admitted to possessing particular drug.
Criminal Law and Procedure Sep. 2, 2011
People v. Parodi
Conviction for bringing controlled substance into correctional facility is not ‘nonviolent drug possession offense’ under Substance Abuse and Crime Prevention Act.
Criminal Law and Procedure Sep. 1, 2011
People v. Muniz
Court’s definition of instruction term regarding reasonable doubt is proper where there is no reasonable likelihood jurors applied instruction in unconstitutional manner.
Criminal Law and Procedure Sep. 1, 2011
Strong v. Superior Court (People)
Prosecution of defendants for murder based on amended statute violates ex post facto principles where victim died 29 years after assault.
Criminal Law and Procedure Aug. 31, 2011
U.S. v. Crowder
Proof that defendant knew of facts that constitute offense is sufficient for conviction for failure to register as sex offender under Sex Offender Registration and Notification Act.
Criminal Law and Procedure Aug. 31, 2011
People v. Torres
Sentence enhancement imposed on defendant is improper where based on offense that was not submitted to jury for conviction.
Criminal Law and Procedure Aug. 31, 2011
People v. Lopez
Defendant’s act of luring victim into secluded alley reflects utter indifference to victim’s life, which supports special circumstance for robbery-murder.
Criminal Law and Procedure Aug. 31, 2011
People v. Clark
Witness-murder special circumstance applies where defendant did not have common criminal intent toward both victims upon initiation of first criminal act.
Criminal Law and Procedure Aug. 30, 2011
In re Hill
Counsel’s assistance is ineffective where she failed to obtain photographs of victim and expert to contradict prosecution expert's testimony.
Criminal Law and Procedure Aug. 30, 2011
People v. Le
Conviction for possession of ‘controlled substance’ is improper where prosecution failed to show MDMA, which was not listed in definition, qualified as controlled substance.
Criminal Law and Procedure Aug. 30, 2011
U.S. v. Stinson
Venue is proper in district where defendant committed essential conduct of committing violent crime, even where physical element of crime occurred elsewhere.
Criminal Law and Procedure Aug. 29, 2011
People v. Blacksher
Court does not err in relying on third report regarding defendant’s competency after previous reports yielded different results.
Criminal Law and Procedure Aug. 26, 2011
People v. Garcia
Defendant challenging grand jury selection process must make showing of purposeful discrimination, including statistical proof of substantial discrimination against suspect group.
Criminal Law and Procedure Aug. 26, 2011
U.S. v. Matus-Zayas
Admission of material witnesses’ videotaped depositions at trial is improper without government’s showing of unavailability.
Criminal Law and Procedure Aug. 25, 2011
U.S. v. Barajas-Alvarado
Alien criminal defendant is entitled to some meaningful review of proceedings resulting in expedited removal order to determine violation of due process rights.
Criminal Law and Procedure Aug. 25, 2011
People v. Mace
Driver has duty to ascertain what assistance injured person may need where he knows that person involved in accident is injured.
Criminal Law and Procedure Aug. 25, 2011
People v. Barajas
Probation condition prohibiting probationer’s presence adjacent to any campus must use language that has reasonable specificity to survive vagueness claim.
Criminal Law and Procedure Aug. 24, 2011