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Name Category Published
In re Cabrera
Dept. of Corrections and Rehabilitation may identify inmate as prison gang associate based on drawings containing gang symbols in cell. 		Criminal Law and Procedure Oct. 30, 2012
Stankewitz v. Wong
Counsel's assistance is ineffective where he failed to present mitigating evidence of client's childhood abuse, substance use, and psychological damage. 		Criminal Law and Procedure Oct. 30, 2012
People v. Otero
Use of diagram to explain proof beyond reasonable doubt is harmless misconduct because there was substantial evidence against defendant in sexual assault case. 		Criminal Law and Procedure Oct. 30, 2012
People v. Gonzalez
Confession is inadmissible when probation officer impliedly promised to recommend shorter sentence if suspect spoke without attorney present. 		Criminal Law and Procedure Oct. 30, 2012
People v. Leal
Probation condition prohibiting convicted drug dealer from using medical marijuana is valid where dealer used medical card as cover for illegal sales. 		Criminal Law and Procedure Oct. 30, 2012
People v. Delgado
Defendant may initially challenge calculation of custody credits on appeal where it involves interpretation of statutes, rather than mere clerical error. 		Criminal Law and Procedure Oct. 29, 2012
People v. Gonzalez
Gang member's first degree murder conviction based on in-custody informant's testimony regarding conversations is outside scope of law requiring informant's corroboration. 		Criminal Law and Procedure Oct. 29, 2012
People v. Salter
Court is not required to appoint second attorney to represent incompetent defendant’s interest in not being committed to mental institution. 		Criminal Law and Procedure Oct. 29, 2012
People v. Simmons
Sex offender cannot be prosecuted for showing pornographic movie to six-year-old boy because charges were not timely filed. 		Criminal Law and Procedure Oct. 29, 2012
In re Martinez
Inmate who became quadriplegic due to attack while incarcerated should be medically paroled because he is incapable of harming others without outside assistance. 		Criminal Law and Procedure Oct. 29, 2012
Amy and Vicky v. District Court (Kennedy)
Crime Victims Rights Act requires causal connection between defendant’s conduct and victim’s losses for purposes of awarding restitution to child pornography victims. 		Criminal Law and Procedure Oct. 26, 2012
People v. Nunez
Mental health facility patient, who escaped and used hammer to take victim’s car, may not receive extra punishment for assault with hammer. 		Criminal Law and Procedure Oct. 26, 2012
In re Shigemura
Board of Parole Hearings' decision to deny parole is correct because inmate minimized her role in murder plot by focusing on her own passivity. 		Criminal Law and Procedure Oct. 25, 2012
People v. Jackson
Operator of medical marijuana dispensary, who cultivated marijuana for 1,600 members of collective, is entitled to defense under Medical Marijuana Program Act. 		Criminal Law and Procedure Oct. 25, 2012
People v. Brandao
No-gang-contact probation condition is invalid because there were no ties between defendant, his criminal history, or his family to any gangs. 		Criminal Law and Procedure Oct. 25, 2012
U.S. v. Wolf Child
Probation conditions for defendant convicted of sexually abusing 16-year-old may not prohibit access to defendant’s own daughters. 		Criminal Law and Procedure Oct. 24, 2012
People v. Alarcon
When defendant is charged with attempted murder as well as gun use, court is not required to instruct jury regarding assault with deadly weapon. 		Criminal Law and Procedure Oct. 24, 2012
People v. Anguiano
Gang member's street terrorism conviction is overturned when based on possession of small quantity of narcotics, which did not promote gang's conduct. 		Criminal Law and Procedure Oct. 23, 2012
People v. Jones
Defendant abandons motion to fire court-appointed attorney by failing to bring matter up after trial court forgot to conduct hearing on motion. 		Criminal Law and Procedure Oct. 23, 2012
People v. Eroshevich
Anna Nicole Smith's lawyer may be found guilty of conspiring to provide illegal prescriptions to Smith, which she died from due to overdose. 		Criminal Law and Procedure Oct. 22, 2012
People v. Mills
No due process violation occurs from presumed sanity instruction for paranoid murderer where jury relies on physical and witness evidence. 		Criminal Law and Procedure Oct. 19, 2012
People v. Walker
Deputy unlawfully detains defendant based on his resemblance to suspects alone and there is no evidence of criminal activity at time of detention. 		Criminal Law and Procedure Oct. 19, 2012
People v. Islas
Gang member’s intrusion into family’s home late at night coupled with gang’s reputation creates sufficient threat to raise false imprisonment charge to felony. 		Criminal Law and Procedure Oct. 19, 2012
Lambright v. Ryan
During death row inmate’s proceedings for habeas relief, district court must issue protective order when discovery starts to protect privileged materials. 		Criminal Law and Procedure Oct. 18, 2012
U.S. v. Peppers
Defendant who bit federal agent during arrest fails to prove that trial court's jury instruction on self-defense was incorrect. 		Criminal Law and Procedure Oct. 18, 2012
People v. Brown
Drive-by shooter who used BB gun against victims may be convicted of assault with deadly weapon, even when instructions on weapon were flawed. 		Criminal Law and Procedure Oct. 18, 2012
People v. Rocco
Defendant convicted of misdemeanor offense that was sentenced as felony due to gang allegation is subject to Three Strikes law. 		Criminal Law and Procedure Oct. 17, 2012
People v. Barros
Defendant convicted of violating restraining order and drug possession is entitled to probation for nonviolent drug offenders because his offenses were not connected. 		Criminal Law and Procedure Oct. 17, 2012
People v. Lopez
Laboratory analyst's colleague may testify regarding analyst's report on defendant’s blood alcohol content without violating Sixth Amendment. 		Criminal Law and Procedure Oct. 16, 2012
People v. Dungo
At trial of man who strangled girlfriend, forensic pathologist's testimony based on autopsy report of another pathologist does not violate Sixth Amendment. 		Criminal Law and Procedure Oct. 16, 2012
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