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People v. McKinnon
Where statutory requirements for joinder are satisfied, defendant has burden of clearly establishing potential for prejudice sufficient to warrant separate trials.
Criminal Law and Procedure Aug. 23, 2011
U.S. v. Clements
Law requiring sex offenders to register whereabouts does not apply retroactively to defendant who committed sex offense prior to enactment of law.
Criminal Law and Procedure Aug. 23, 2011
U.S. v. Parker
Defendant cannot be charged for protesting on public road across military base where government failed to assert control over property in question.
Criminal Law and Procedure Aug. 23, 2011
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 Aug. 23, 2011
People v. Stiehl
Prosecutor’s office timely files information by delivering it to court clerk for filing, although clerk failed to process document correctly.
Criminal Law and Procedure Aug. 23, 2011
People v. Downey
Warrantless search of apartment does not violate Fourth Amendment because officers had objectively reasonable grounds to conclude probationer lived there.
Criminal Law and Procedure Aug. 22, 2011
U.S. v. Waters
In determining sentencing range under reduction in term of imprisonment due to amended guideline range, court may apply offense level dictated by career offender guideline.
Criminal Law and Procedure Aug. 22, 2011
People v. Lopez
Admission of evidence of prior uncharged acts of misconduct is error as to first degree burglary charge because probative value did not outweigh prejudice.
Criminal Law and Procedure Aug. 22, 2011
People v. Castaneda
Kidnapping conviction is reversed where erroneous instruction as to asportation element in kidnapping charge prejudiced defendant.
Criminal Law and Procedure Aug. 19, 2011
People v. Milward
Defendant's conviction for aggravated assault is necessarily included within offense of aggravated assault by life prisoner and thus, must be reversed.
Criminal Law and Procedure Aug. 19, 2011
People v. Mitchell
Sentence must be reduced where part of sentence was based on enhancement with which defendant was never charged and which he did not admit committing.
Criminal Law and Procedure Aug. 19, 2011
People v. Canizalez
Sufficient evidence supports second-degree murder conviction based on subjective awareness of risk of death that street racing created.
Criminal Law and Procedure Aug. 19, 2011
People v. Meza
Court has discretion to grant motion to correct error where prosecution’s omission of evidence regarding tolling of statute of limitations is ‘minor.’
Criminal Law and Procedure Aug. 17, 2011
U.S. v. Vasquez
Affidavit and warrant are sufficient where documents to be seized were sought to show evidence of criminal activity, not membership in organization.
Criminal Law and Procedure Aug. 16, 2011
People v. Keister
Statute prohibiting sexual contact with minor, which does not require specific intent to commit immediate sex act, does not unconstitutionally restrict right to travel.
Criminal Law and Procedure Aug. 16, 2011
U.S. v. Marguet-Pillado
Denial of criminal defendant’s proposed jury instruction regarding derivative citizenship based on belief that issue was precluded is erroneous.
Criminal Law and Procedure Aug. 15, 2011
People v. Smith
Extension of limitations period for prosecution of defendant, who committed lewd act on child under 14, is proper where evidence corroborates crime of substantial sexual conduct.
Criminal Law and Procedure Aug. 15, 2011
People v. Gonzales
Although prosecutor’s emotional remarks were improperly allowed, conviction is reasonable due to substantial evidence of horrendous murder.
Criminal Law and Procedure Aug. 12, 2011
People v. Lowery
Criminal statute that prohibits 'willful' threats of violence against crime victims does not violate First Amendment where statute targeted 'true threats.'
Criminal Law and Procedure Aug. 12, 2011
People v. Scott
Joinder of murder count with other serious charges is proper because evidence was cross-admissible to prove defendant's plan, scheme, and identity.
Criminal Law and Procedure Aug. 12, 2011
People v. Torres
Sufficient evidence supports conviction for bringing alcohol into jail facility where inmates retrieved alcohol from trash cash following drop off by delivery person.
Criminal Law and Procedure Aug. 12, 2011
People v. Vines
Court may excuse prospective juror when her belief on death penalty would prevent performance of her duties as juror.
Criminal Law and Procedure Aug. 12, 2011
U.S. v. Aguila-Montes de Oca
In determining whether prior conviction qualifies as 'crime of violence,' modified categorical approach applies although crime of conviction is missing element of generic crime.
Criminal Law and Procedure Aug. 12, 2011
People v. Singh
Mandatory sex offender registration for defendant convicted of lewd and lascivious conduct with minor under 14 does not violate equal protection.
Criminal Law and Procedure Aug. 12, 2011
People v. Bowles
Trial court cannot grant new trial based on newly discovered evidence as discovery sanction after jury has already rendered its verdict.
Criminal Law and Procedure Aug. 12, 2011
Fairbank v. Ayers
Defendant’s right to counsel is not violated when jail inmate who received incriminating notes from defendant was not acting under government’s guise.
Criminal Law and Procedure Aug. 11, 2011
Woods v. Sinclair
Defendant’s Sixth Amendment right is not violated where he expresses frustration over process but otherwise fails to unequivocally invoke right to self-representation.
Criminal Law and Procedure Aug. 11, 2011
People v. Battle
Use of peremptory challenge to strike African-American prospective juror does not violate defendant's rights because record did not show discriminatory intent.
Criminal Law and Procedure Aug. 10, 2011
People v. Bryant
Court must instruct jury on voluntary manslaughter where substantial evidence showed that defendant did not subjectively appreciate that her conduct endangered victim's life.
Criminal Law and Procedure Aug. 10, 2011
County of Los Angeles v. American Contractors Indemnity Co.
No defense to bail forfeiture exists on ground that surety’s risk has been materially increased due to additional charges included in later-filed complaint.
Criminal Law and Procedure Aug. 10, 2011