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People v. Goolsby
Motor home resident may not be charged with arson of an inhabited structure for setting fire to motor home because they are not considered structures.
Criminal Law and Procedure May 1, 2013
People v. Xiong
Statistical evidence on rarity of DNA profile used to identify killer of taxi cab driver is relevant and substantial enough to support conviction.
Criminal Law and Procedure May 1, 2013
People v. Superior Court (Kaulick)
Court mistakenly grants inmate's request for resentencing under Three Strikes Reform Act of 2012 without giving prosecution chance to establish his dangerousness.
Criminal Law and Procedure May 1, 2013
U.S. v. Ramirez
District court incorrectly instructs jury not to speculate as to why government declined to call intermediary in drug transaction as witness.
Criminal Law and Procedure Apr. 30, 2013
People v. Tran
Statements made by defendant's brother, which incriminated both of them, may be used to convict defendant of first degree murder.
Criminal Law and Procedure Apr. 30, 2013
Breceda v. Superior Court (People)
Embezzlement charges against city officials for taking excessively costly trips to New York are improper because prosecution did not provide exculpatory evidence.
Criminal Law and Procedure Apr. 26, 2013
People v. Fuquay
Paranoid schizophrenic defendant’s commitment to state hospital is extended despite trial court's failure to directly advise him of right to jury during proceedings.
Criminal Law and Procedure Apr. 26, 2013
People v. Mortimer
Trial court does not violate committed defendant’s jury trial right, which counsel waived, by failing to advise him at extension hearing.
Criminal Law and Procedure Apr. 26, 2013
Jamerson v. Runnells
California courts correctly conclude that prosecutor had genuine, race-neutral justifications for striking four black jurors during jury selection.
Criminal Law and Procedure Apr. 25, 2013
People v. Blackburn
Although court failed to advise mentally disordered offender of right to jury trial at commitment extension hearing, commitment remains intact.
Criminal Law and Procedure Apr. 24, 2013
People v. McCullough
Defendant who failed to object to trial court’s imposition of booking fee after making guilty plea may not challenge fee on appeal.
Criminal Law and Procedure Apr. 23, 2013
People v. Nuckles
Woman is guilty of being an accessory because she helped parolee abscond from parole supervision by harboring him in her home.
Criminal Law and Procedure Apr. 23, 2013
U.S. v. Bustos-Ochoa
Immigration judge’s failure to inform illegal alien of availability of possible relief from deportation does not prejudice alien because he was ineligible for relief.
Criminal Law and Procedure Apr. 23, 2013
U.S. v. McClendon
Handgun discovered by police may be used as evidence because defendant discarded gun while walking away from police before they tackled him.
Criminal Law and Procedure Apr. 22, 2013
People v. Barba
In case involving murder of cab driver, DNA tests of bloody knife and sweatshirt used to convict defendant do not violate his constitutional rights.
Criminal Law and Procedure Apr. 22, 2013
U.S. v. Barnes
FBI agents engage in prohibited interrogation process by deliberately delaying giving 'Miranda' warnings to induce defendant’s cooperation in drug investigation.
Criminal Law and Procedure Apr. 19, 2013
U.S. v. Anguiano-Morfin
Former lawful permanent resident is convicted of making false claim of citizenship despite defense that he suffered delusion causing him to believe he was a citizen.
Criminal Law and Procedure Apr. 19, 2013
In re Stoneroad
Board of Parole Hearings' parole denial fails to properly consider factors bearing on parole suitability and is unsupported by evidence of current dangerousness.
Criminal Law and Procedure Apr. 19, 2013
People v. Harrison
Trial court has no duty to inform defendant of his option to request advisory counsel after granting his request to represent himself.
Criminal Law and Procedure Apr. 19, 2013
People v. McCall
Unlicensed student midwife is properly convicted of practicing medicine without certification, a felony, because she delivered child without supervision.
Criminal Law and Procedure Apr. 19, 2013
People v. Clancey
Trial court must resolve ambiguity as to whether its indicated sentence was appropriate punishment, regardless of whether guilt was secured by plea or trial.
Criminal Law and Procedure Apr. 19, 2013
Missouri v. McNeely
In drunken-driving cases, absent other factors, natural metabolization of alcohol in bloodstream does not justify warrantless nonconsensual blood tests.
Criminal Law and Procedure Apr. 18, 2013
People v. Pellecer
Defendant's conviction for carrying concealed knives on his person is improper because his knives were inside his backpack, not on his body.
Criminal Law and Procedure Apr. 18, 2013
U.S. v. Trujillo
Court must address non-frivolous arguments that defendant presented in support of his motion to lower his sentence for drug-related offense.
Criminal Law and Procedure Apr. 17, 2013
People v. Anzalone
While trial court committed error by not asking jury whether they agreed upon verdict before reading it, error is harmless because verdict was unanimous.
Criminal Law and Procedure Apr. 16, 2013
People v. Smith
Defendant gang member is correctly found guilty of second degree murder because aider and abettor liability is not limited to crimes committed by confederates.
Criminal Law and Procedure Apr. 16, 2013
U.S. v. Garrido
City official's honest services mail fraud convictions are reversed for lack of evidence supporting involvement in bribery or kickback scheme.
Criminal Law and Procedure Apr. 16, 2013
People v. McEvoy
California's prohibition of incest does not violate constitutional rights due to state's interest in protecting integrity of family unit and prohibiting inbreeding.
Criminal Law and Procedure Apr. 16, 2013
People v. Vallejo
Jury foreman's decision to decline request for readback of testimony is not misconduct because only one juror wanted to rehear testimony.
Criminal Law and Procedure Apr. 16, 2013
U.S. v. Petri
Identity thief receives five-year sentence for his active role in ATM skimming scheme that victimized more than 300 individuals and garnered more than $276,836.
Criminal Law and Procedure Apr. 15, 2013