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People v. Peterson
Defendant’s plea agreement is set aside following falsehoods she made while testifying against co-defendant regarding true extent of her participation in crime.
Criminal Law and Procedure Dec. 11, 2012
People v. Conley
Man who was standing in middle of public road with blood-alcohol content of 0.19 percent is not illegally detained by police officer.
Criminal Law and Procedure Dec. 10, 2012
In re Denham
Board of Parole Hearings improperly denies parole for inmate who committed egregious crime, but was found to be at low risk of recidivism by psychologist.
Criminal Law and Procedure Dec. 9, 2012
Ortiz v. Yates
Husband's cross-examination rights are violated in domestic violence trial where court precluded inquiry into incarceration threats prosecutor made to witness wife.
Criminal Law and Procedure Dec. 6, 2012
U.S. v. Keyser
First amendment does not protect author from conviction when he wrote book on anthrax and mailed 120 packets of sugar labeled “Anthrax” to generate publicity.
Criminal Law and Procedure Dec. 6, 2012
In re Denham
Board of Parole Hearings improperly denies parole for inmate who committed egregious crime, but was found to be at low risk of recidivism by psychologist.
Criminal Law and Procedure Dec. 5, 2012
People v. Dydouangphan
Marijuana grower is properly sentenced for killing thief with shotgun because he could be punished for both voluntary manslaughter and shooting at vehicle.
Criminal Law and Procedure Dec. 5, 2012
U.S. v. Harris
Airport employee violates statute prohibiting carrying of concealed dangerous weapon on aircraft when he helped passenger smuggle pocketknife past security.
Criminal Law and Procedure Dec. 5, 2012
U.S. v. Hernandez-Estrada
Deported alien fails to show Southern District Court of California's jury selection process is unconstitutional because minorities are not substantially underrepresented.
Criminal Law and Procedure Dec. 5, 2012
People v. McCloud
Partygoers cannot be convicted of attempted murder for firing 10 shots into crowd because they did not intend to kill everyone in area around targeted victim.
Criminal Law and Procedure Dec. 5, 2012
People v. Lowe
Experts’ opinion regarding mental health and recidivism risk is admissible in determining whether defendant should be committed as sexually violent predator.
Criminal Law and Procedure Dec. 3, 2012
People v. Homick
Death sentence based on California murders committed by lying in wait is upheld despite prior federal murder-for-hire convictions involving same victims.
Criminal Law and Procedure Dec. 3, 2012
In re Richards
Man’s conviction for murdering his wife is supported even if expert later admitted that testimony was inaccurate in light of advances in technology.
Criminal Law and Procedure Dec. 3, 2012
People v. Schmitz
Police officer may search car based on parolee status of one of its passengers in areas where parolee could have stowed belongings.
Criminal Law and Procedure Dec. 3, 2012
U.S. v. Arias-Espinosa
Alien who signed agreement waiving right to appeal may not later appeal, despite court’s statement that he ‘may have a right to appeal.’
Criminal Law and Procedure Dec. 2, 2012
People v. Zeigler
Trial court incorrectly grants certificate of rehabilitation for convict without considering conduct underlying his recent nonviolent drug offense.
Criminal Law and Procedure Dec. 2, 2012
People v. Mejia
Gang members are found guilty of provocative act murder after their accomplice was killed by a rival gang member during a preplanned attack at rival's home.
Criminal Law and Procedure Dec. 2, 2012
People v. Sencion
Court must orally impose court facilities assessment and security fee on defendant as to all counts, including stayed counts.
Criminal Law and Procedure Nov. 29, 2012
U.S. v. Cervantes
Community caretaking exception to warrant requirement does not apply where vehicle impoundment and inventory search constituted pretext to look for narcotics.
Criminal Law and Procedure Nov. 28, 2012
People v. Serrano
Alien facing deportation is not entitled to special form of review following his conviction because he had already been offered multitude of protections.
Criminal Law and Procedure Nov. 28, 2012
U.S. v. Scott
Government may still argue that warrantless search of car was permissible after failing to file a timely response to motion to suppress evidence.
Criminal Law and Procedure Nov. 27, 2012
U.S. v. Wahchumwah
During investigation of sale of eagle parts, agent’s use of warrantless audio-video recording device in suspect’s home does not violate privacy interests.
Criminal Law and Procedure Nov. 27, 2012
U.S. v. Munguia
Conviction for possessing significant amount of pseudoephedrine is reversed because defendant claimed she did not know drug would be used to manufacture methemphetamine.
Criminal Law and Procedure Nov. 27, 2012
People v. Gonzalez
Juror who believed he knew sex crime victim's relative is properly left on jury after court inquiry revealed that juror's belief was mistaken.
Criminal Law and Procedure Nov. 27, 2012
People v. Johnson
Defendant may not set aside domestic violence charges based on early termination of his probation after his repeated failure to attend batterer’s program.
Criminal Law and Procedure Nov. 23, 2012
U.S. v. Manning
Sentence for felon who possessed firearm is properly increased because he obstructed justice by lying to officer, skipping hearing, and fleeing to Mexico.
Criminal Law and Procedure Nov. 23, 2012
People v. Nocelotl
Kidnapper cannot withdraw plea after mistakenly believing he would be sentenced based on psychological reports, rather than warden's unfavorable report.
Criminal Law and Procedure Nov. 21, 2012
U.S. v. Wiggan
Technician's conviction for perjury in connection with wiretapping conspiracy is overturned because grand jury foreperson was allowed to testify regarding her credibility.
Criminal Law and Procedure Nov. 21, 2012
People v. Barba
Forgers may be guilty of using another’s personal information to cash stolen checks, even if they did not impersonate anyone during scheme.
Criminal Law and Procedure Nov. 21, 2012
People v. Hawkins
Suspect who gave written search consent cannot appeal dismissal motion on hearsay grounds where he did not raise issue with trial court.
Criminal Law and Procedure Nov. 21, 2012