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Name Category Published
People v. Johnson
Two-year concurrent sentence based on enhancement for committing offense while on felony bail is stricken because punishment was contrary to statute.
Criminal Law and Procedure Aug. 23, 2012
People v. Robertson
Evidence is sufficient to support conviction for aggravated kidnapping for purpose of committing rape where defendant moved victim from back of garage to front.
Criminal Law and Procedure Aug. 22, 2012
U.S. v. Dreyer
District court commits plain error by failing to order competency hearing sua sponte despite record raising genuine doubt regarding defendant’s competency.
Criminal Law and Procedure Aug. 22, 2012
People v. Rodriguez
Appeal must be dismissed where defendant challenged validity of nolo contendere plea, but failed to obtain certificate of probable cause.
Criminal Law and Procedure Aug. 22, 2012
U.S. v. McTiernan
Court properly declines to suppress intercepted recording where defendant failed to prove that recording was made for unlawful purpose.
Criminal Law and Procedure Aug. 21, 2012
People v. Caballero
Sentence of life in prison without parole for non-homicide juvenile offender constitutes cruel and unusual punishment under Eighth Amendment.
Criminal Law and Procedure Aug. 17, 2012
Sessoms v. Runnels
‘Davis’ rule that suspect must unambiguously request counsel is inapplicable when suspect has not yet waived his ‘Miranda’ rights.
Criminal Law and Procedure Aug. 17, 2012
U.S. v. Duenas
While police violated defendants' rights by allowing media onto property during execution of warrant, evidence is not excluded because media did not disturb evidence.
Criminal Law and Procedure Aug. 17, 2012
Jones v. Ryan
Prosecutor's incorrect statement regarding kicked-in door did not amount to misconduct because discrepancy was immaterial and would not have undermined testimony.
Criminal Law and Procedure Aug. 17, 2012
People v. Diaz
Failure to give cautionary instruction regarding evidence of criminal threats is harmless where jury would not have reached more favorable result had instruction been given.
Criminal Law and Procedure Aug. 17, 2012
Swarthout v. Superior Court (Culver City Police Dept.)
Trial court lacks authority to issue transfer order for inmate in state prison where there is no statutory basis for transfer.
Criminal Law and Procedure Aug. 17, 2012
U.S. v. Acosta-Sierra
Defendant who threw rock at federal officer is not guilty of assault where officer was not aware of threat of harm until after it had passed.
Criminal Law and Procedure Aug. 16, 2012
People v. Coleman
Order authorizing involuntary medication for purpose of restoring defendant to competence is sufficiently specific by implicitly relying on prior treatment plan.
Criminal Law and Procedure Aug. 16, 2012
People v. Sauceda-Contreras
Where suspect makes ambiguous statement that could be construed as invocation of his ‘Miranda’ rights, officer may clarify intent to invoke or waive rights.
Criminal Law and Procedure Aug. 14, 2012
People v. Valdez
Order preventing disclosure of witnesses' identities prior to testimony is valid where trial court allowed for continuances and further investigation.
Criminal Law and Procedure Aug. 10, 2012
U.S. v. Henry
Second Amendment does not provide right to keep machine gun in home because it is dangerous and unusual weapon.
Criminal Law and Procedure Aug. 10, 2012
U.S. v. Flores-Mejia
Defendant who unlawfully reentered country after being deported is properly given 16-level enhancement because convictions for robbery are still categorical crimes of violence.
Criminal Law and Procedure Aug. 10, 2012
People v. Robinson
Evidence obtained from warrantless entry is properly considered because testing of key in lock was minimal intrusion and needed for legitimate government interest.
Criminal Law and Procedure Aug. 9, 2012
U.S. v. Huang
Defendant does not need to be personally involved in importation of drugs for purposes of two-point sentencing enhancement for importation.
Criminal Law and Procedure Aug. 9, 2012
U.S. v. Turner
Term of supervised release is not tolled where defendant was detained after his term of imprisonment had expired pending civil commitment hearing under Adam Walsh Act.
Criminal Law and Procedure Aug. 8, 2012
U.S. v. Golden Valley Electric Association
Administrative subpoena related to drug investigation, which ordered electricity cooperative to provide power consumption records, does not violate customers' Fourth Amendment rights.
Criminal Law and Procedure Aug. 8, 2012
U.S. v. Bustamante
Admission of affidavit testifying to contents of birth records violates Confrontation Clause where defendant lacked opportunity to cross-examine clerk who prepared document.
Criminal Law and Procedure Aug. 8, 2012
People v. Duenas
In murder case, trial court does not abuse its discretion by admitting into evidence computer animation used by expert witness to illustrate theory.
Criminal Law and Procedure Aug. 7, 2012
People v. Turnage
Felony conviction for planting false bomb does not violate equal protection because distinction between false bomb crimes and false weapon of mass destruction crimes is not irrational.
Criminal Law and Procedure Aug. 7, 2012
U.S. v. Pineda-Moreno
Suppression of evidence obtained by attaching tracking devices on vehicle in public areas is not warranted because agents objectively relied on then-binding precedent.
Criminal Law and Procedure Aug. 7, 2012
Jackson v. State of Nevada
Preventing defendant from presenting testimony regarding alleged victim’s prior false sexual assault claims violates defendant’s right to present complete defense.
Criminal Law and Procedure Aug. 7, 2012
People v. Martinez
Defendant may not be convicted of both semiautomatic firearm assault and lesser included offense of assault with firearm.
Criminal Law and Procedure Aug. 7, 2012
In re Montgomery
Board of Parole Hearings' decision to deny parole is supported by some evidence because inmate possessed prohibited substance while incarcerated.
Criminal Law and Procedure Aug. 6, 2012
Dickens v. Ryan
Defendant's actions sufficiently contribute to murders to warrant death penalty where he was actively involved in every aspect of robberies that lead to murders.
Criminal Law and Procedure Aug. 6, 2012
People v. Gonzales
Defendant is properly denied new trial because jurors' statements about mental processes by which their verdict was reached are expressly barred.
Criminal Law and Procedure Aug. 3, 2012