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People v. Rutterschmidt
Laboratory director’s testimony regarding toxicology reports prepared by staff is acceptable in light of overwhelming evidence against defendant.
Criminal Law and Procedure Oct. 16, 2012
U.S. v. Rangel
Sentencing court may consider whether defendant's victims will receive restitution from defendant in varying from sentencing guidelines.
Criminal Law and Procedure Oct. 16, 2012
People v. Stevey
Methods used to analyze DNA evidence from 16-year-old sexual assault victim may be used at trial without prior evidentiary hearing.
Criminal Law and Procedure Oct. 15, 2012
D.M. v. Dept. of Justice (People)
Sex offender convicted of oral copulation with person under age 18 does not need to register as sex offender after obtaining certificate of rehabilitation.
Criminal Law and Procedure Oct. 15, 2012
People v. Mitchell
Trolly passenger's conviction for carrying five-inch concealed dagger, which was capable of use as stabbing weapon, does not violate Second Amendment.
Criminal Law and Procedure Oct. 12, 2012
U.S. v. Jackson
Sex trafficker is no longer able to appeal his conviction on speedy trial grounds after he entered into an unconditional guilty plea.
Criminal Law and Procedure Oct. 12, 2012
U.S. v. Valencia-Riascos
ICE agent who was attacked by inmate may sit at prosecution's table at inmate's trial for assault on a federal officer.
Criminal Law and Procedure Oct. 12, 2012
People v. Lynch
California's Realignment Act, which provides that only certain felons sentenced after Oct. 1, 2011 will be put in state prison, does not violate equal protection.
Criminal Law and Procedure Oct. 12, 2012
Alleyne v. United States
Order
Criminal Law and Procedure Oct. 9, 2012
Boyer v. Louisiana
Order
Criminal Law and Procedure Oct. 9, 2012
People v. Calles
Defendant who killed several pedestrians by driving his vehicle through a sidewalk may be punished separately for vehicular manslaughter of each victim.
Criminal Law and Procedure Oct. 9, 2012
U.S. v. Elk Shoulder
Congress does not lack authority to enact Sex Offender Registration and Notification Act, which sets forth sex offender registration requirements.
Criminal Law and Procedure Oct. 8, 2012
U.S. v. Mendez-Gonzalez
Defendant cannot challenge drug-testing condition in his supervised release because he waived his right to appeal his sentence.
Criminal Law and Procedure Oct. 8, 2012
U.S. v. Budziak
File-sharing user may be convicted for distributing child pornography when he kept files in folder where they could be downloaded by others.
Criminal Law and Procedure Oct. 8, 2012
U.S. v. Nungaray
Gun seller's sentence is enhanced because he orchestrated sale of firearms to undercover officer by negotiating and arranging sales.
Criminal Law and Procedure Oct. 8, 2012
Peck v. Thomas
Bureau of Prisons' regulation excluding certain classes of inmates from eligibility for early release does not violate Administrative Procedure Act.
Criminal Law and Procedure Oct. 8, 2012
U.S. v. Jones
Federal sentence due to revocation of supervised release increases when defendant receives second California conviction for indecent exposure.
Criminal Law and Procedure Oct. 8, 2012
People v. Johnson
Operators of nonprofit group home can be charged with misappropriating public funds because government still controlled how funds could be used.
Criminal Law and Procedure Oct. 5, 2012
U.S. v. Valenzuela-Espinoza
Statements made over six hours after defendant’s arrest must be suppressed because delay in presenting defendant to magistrate was unreasonable.
Criminal Law and Procedure Oct. 5, 2012
People v. Acevedo
Court may refuse to order disclosure of wiretapping documentation, which led to seizure of 353 kilograms of cocaine and illegal proceeds.
Criminal Law and Procedure Oct. 4, 2012
People v. Infante
Possession of loaded firearm by gang member with prior felony conviction serves to show active participation in a criminal street gang.
Criminal Law and Procedure Oct. 3, 2012
People v. Wooten
Attempted rapist who forced victim to perform oral sex, then attempted to kill her, may be given same sentence enhancement for both crimes.
Criminal Law and Procedure Oct. 3, 2012
In re Sanchez
Board of Parole Hearings fails to grant parole to inmate, who showed remorse and took responsibility, 17 years after he shot rival gang member.
Criminal Law and Procedure Oct. 3, 2012
People v. Clytus
Court improperly sentences probationer to state prison when he was ordered to serve sentence after effective date of Realignment Act.
Criminal Law and Procedure Oct. 3, 2012
People v. Smith
Defendant may only be convicted of one count of indecent exposure arising from single act of exposure even if several victims witnessed conduct.
Criminal Law and Procedure Oct. 2, 2012
Cudjo v. Ayers
Exclusion of testimony regarding confession by defendant's brother on hearsay grounds violates constitutional right to present defense.
Criminal Law and Procedure Oct. 1, 2012
Miles v. Martel
Attorney’s assistance is ineffective when he tells defendant to reject plea bargain of six years without mentioning possibility of 25-year sentence.
Criminal Law and Procedure Oct. 1, 2012
People v. Johnson
Operators of nonprofit group home can be charged with misappropriating public funds because government still controlled how funds could be used.
Criminal Law and Procedure Sep. 28, 2012
People v. Wooten
Attempted rapist who forced victim to perform oral sex, then attempted to kill her, may be given same sentence enhancement for both crimes.
Criminal Law and Procedure Sep. 27, 2012
People v. Nelson
Mentally disordered offender is properly recommitted to mental health facility based on notes made by hospital staff stating she displayed aggressive behavior.
Criminal Law and Procedure Sep. 26, 2012