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U.S. v. May
Restitution order incorrectly includes expenses U.S. Postal Service incurred during policy change to avert mail thefts where defendants committed theft before policy change.
Criminal Law and Procedure Feb. 13, 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 Feb. 11, 2013
In re Stevenson
Board of Parole Hearings properly denies prisoner parole where psychologists assessed him as having 'low to moderate' risk for violent recidivism.
Criminal Law and Procedure Feb. 11, 2013
People v. Williams
Excusal of prospective juror for cause is appropriate when he repeatedly expressed extreme discomfort with prospect of imposing death penalty.
Criminal Law and Procedure Feb. 8, 2013
Cannedy v. Adams
Defense counsel provides deficient performance where he failed to present alleged victim’s Internet message recanting claims of molestation by her stepfather.
Criminal Law and Procedure Feb. 8, 2013
U.S. v. Stone
Felon's conviction for possession of ammunition that traveled in interstate commerce is valid without evidence that he knew ammunition’s origins.
Criminal Law and Procedure Feb. 8, 2013
People v. Superior Court (Karsai)
Following exhaustive search for acceptable residence for sexually violent predator, he may be conditionally released into county as transient.
Criminal Law and Procedure Feb. 8, 2013
People v. Westmoreland
Murder and robbery convictions are overturned where defendant confessed to ‘robbery gone wrong’ in reliance on detective’s false promises of leniency.
Criminal Law and Procedure Feb. 7, 2013
People v. Corrales
Officer may pull over driver for texting while driving after seeing driver send text message while parked and later drive while making movements like he was texting.
Criminal Law and Procedure Feb. 7, 2013
Dyer v. Hornbeck
Prosecution may use statements from interview of suspect without 'Miranda' warnings because she agreed to interview and was not told she was under arrest.
Criminal Law and Procedure Feb. 7, 2013
People v. Diaz
Officers' use of data taken from sensory diagnostic module of defendant’s car to determine speed at time of accident does not violate Fourth Amendment.
Criminal Law and Procedure Feb. 7, 2013
People v. Delgado
Gang member, who caused severe brain injury to victim, should not receive additional punishment when victim was initially nonresponsive, but not comatose.
Criminal Law and Procedure Feb. 6, 2013
Smith v. Hedgpeth
Domestic violence sentence enhancements do not need to be considered in determining whether Double Jeopardy clause entitles defendant to habeas relief.
Criminal Law and Procedure Feb. 6, 2013
U.S. v. Preston
Defendant's confession to sexually assaulting neighbor is not involuntary, despite defendant's diminished mental capacity, because officers did not use coercive tactics.
Criminal Law and Procedure Feb. 6, 2013
People v. Whalen
Defendant fails to overturn his death sentence for first-degree murder and robbery based on allegations of trial court’s pro-death penalty bias.
Criminal Law and Procedure Feb. 5, 2013
People v. Pangan
Victim in driving under the influence with injury case is not entitled to $70,000 payment based on $246 monthly decrease in pension payments due to accident.
Criminal Law and Procedure Feb. 5, 2013
People v. Poulsom
Despite prior finding to the contrary, defendant’s high-risk behavior following release on parole qualifies him as sexually violent predator.
Criminal Law and Procedure Feb. 4, 2013
People v. Hodges
Robbery conviction is overturned due to misleading jury instructions in case of man who hit guard with car while attempting to steal items from Safeway.
Criminal Law and Procedure Feb. 4, 2013
U.S. v. Davis
Money launderer must forfeit $1.29 million to Dept. of Justice and pay $95,000 in restitution to FBI for funds spent in operation leading to his arrest.
Criminal Law and Procedure Feb. 4, 2013
U.S. v. Doe
Drug-trafficker may not avoid prosecution by asserting he was working for FBI, and instead, must prove he did not know he possessed drugs.
Criminal Law and Procedure Feb. 1, 2013
People v. Lisea
Gang member receives 25-year-to-life gang firearm enhancement stemming from confrontation between rival gang members in grocery store parking lot.
Criminal Law and Procedure Feb. 1, 2013
U.S. v. Jesus-Castaneda
Confidential informant may testify at trial in fake wig and mustache without violating defendant's Sixth Amendment Confrontation Clause rights.
Criminal Law and Procedure Jan. 31, 2013
People v. Ikeda
Police may conduct protective sweep of suspected drug trafficker’s motel room when they heard other voices in room and suspect said BB gun was inside.
Criminal Law and Procedure Jan. 31, 2013
People v. Western Insurance Co.
Bond is exonerated because trial court permitted defendant to travel to Philippines and escape apprehension without surety’s knowledge or consent.
Criminal Law and Procedure Jan. 31, 2013
People v. Achrem
Schizophrenic parolee is properly certified as mentally disordered offender for treatment at hospital based on his prior treatment at parole outpatient clinic.
Criminal Law and Procedure Jan. 30, 2013
People v. Yearwood
Inmate may not use amended three strikes law to retroactively overturn his indeterminate life sentence for marijuana possession without petitioning for recall.
Criminal Law and Procedure Jan. 30, 2013
People v. Hul
Defendant is entitled to additional 156 days of conduct credit following his conviction for cocaine possession pursuant to Criminal Justice Realignment Act of 2011.
Criminal Law and Procedure Jan. 30, 2013
People v. Cuevas
Mentally retarded individual cannot be involuntarily committed absent showing of causal link between his mental retardation and dangerousness.
Criminal Law and Procedure Jan. 30, 2013
Brown v. Superior Court (People)
Defendant may be involuntarily committed even though circumstances delayed his full evaluation as to whether he qualified as sexually violent predator.
Criminal Law and Procedure Jan. 29, 2013
People v. Whitmer
Dealership manager who arranged fraudulent sale of 20 motorcycles is properly found guilty of grand theft because property exceeded $400 in value.
Criminal Law and Procedure Jan. 29, 2013