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People v. Houston
Defendant’s pre-shooting plan, including diagrams of school and ‘goodbye letter’ to family, shows careful planning and weighing of consequences supporting first degree murder convictions. 		Criminal Law and Procedure Aug. 3, 2012
People v. McKinzie
Prosecutor does not unlawfully excuse juror based on group bias when he provides race-neutral justification in addition to several weaker justifications. 		Criminal Law and Procedure Aug. 3, 2012
Scott v. Ryan
Lawyer's failure to investigate defendant’s head injuries does not prejudice defendant where his confessions indicated careful planning of murder. 		Criminal Law and Procedure Aug. 2, 2012
People v. Bradley
Former city official’s conviction for misappropriation and misuse of public funds is overturned due to court’s failure to instruct jury on required intent. 		Criminal Law and Procedure Aug. 2, 2012
People v. Fernandez
Warantless search is lawful when defendant’s cotenant validly consented to search after defendant had been arrested and removed from their shared apartment. 		Criminal Law and Procedure Aug. 2, 2012
Maryland v. King
Maryland law enforcement officials may continue to collect DNA samples from arrestees while Supreme Court considers whether to hear challenge to DNA collection practice. 		Criminal Law and Procedure Aug. 1, 2012
U.S. v. Backlund
United States Forest Service may regulate residential occupancy of bona fide mining claims within national forests. 		Criminal Law and Procedure Aug. 1, 2012
People v. Schaeffer
Probation condition limiting defendant to residence approved by probation officer does not violate constitutional rights because it furthers state interest in rehabilitation. 		Criminal Law and Procedure Aug. 1, 2012
U.S. v. King
Ninth Circuit cases are overruled to extent they hold that no constitutional difference exists between probation and parole for Fourth Amendment purposes. 		Criminal Law and Procedure Aug. 1, 2012
People v. Barrett
Although defendant was not advised of right to jury trial, due process challenge to civil commitment proceeding fails because mental retardation affected defendant's ability to make decisions. 		Criminal Law and Procedure Jul. 31, 2012
People v. Tully
In death penalty case, prosecutor’s biblical references in closing arguments do not warrant reversal because defendant was not prejudiced by such remarks. 		Criminal Law and Procedure Jul. 31, 2012
People v. Villatoro
Jury instruction permitting jury to use evidence of defendant's guilt as to other charged offenses is proper because whether offense was charged or uncharged did not affect relevance. 		Criminal Law and Procedure Jul. 31, 2012
People v. Rodriguez
For purposes of conviction for resisting officer, flight from officers, coupled with tossing of object during pursuit, supports reasonable suspicion for lawful detention. 		Criminal Law and Procedure Jul. 31, 2012
People v. Ellis
Defendant is not entitled to conduct credits at enhanced rate for entire period of presentence incarceration because amendment to Penal Code Section 4019 applies prospectively only. 		Criminal Law and Procedure Jul. 31, 2012
People v. Daniels
Increased restitution fine imposed following retrial violates state constitutional protections against double jeopardy. 		Criminal Law and Procedure Jul. 31, 2012
People v. Anderson
Defendant's statement does not constitute adoptive admission where it was made days after victim's accusation and contained denial of accusation. 		Criminal Law and Procedure Jul. 30, 2012
Cook v. Ryan
Habeas petitioner, who was convicted of first-degree murder and sentenced to death, cannot assert ineffective assistance of counsel claim where he elected to represent himself. 		Criminal Law and Procedure Jul. 30, 2012
U.S. v. Valdes-Vega
Officers lack reasonable suspicion of smuggling activity where driver does not flee and commits only minor traffic violations while driving 70 miles from U.S.-Mexican border. 		Criminal Law and Procedure Jul. 26, 2012
People v. Jones
Defendant who dissuades witness from appearing in criminal proceeding forfeits constitutional right to confront witness under doctrine of forfeiture by wrongdoing. 		Criminal Law and Procedure Jul. 25, 2012
People v. McKee
Disparate treatment of sexually violent predators from other mentally disordered offenders is justified by their high risk of recidivism and danger to unique class of victims. 		Criminal Law and Procedure Jul. 25, 2012
People v. Thomas
Suspect's confession is admissible where suspect waived right to counsel as to one crime and then again waived rights as to second crime. 		Criminal Law and Procedure Jul. 24, 2012
U.S. v. Oliva
Government may monitor background conversations overheard during standard cell phone intercepts where particular cell phone is specifically listed in court order. 		Criminal Law and Procedure Jul. 23, 2012
U.S. v. Rangel
Notice is not required where court implicitly relied on variance factors in imposing sentence and did not constitute departure from Sentencing Guidelines range. 		Criminal Law and Procedure Jul. 23, 2012
In re Batie
Claim for award of credits against parole period is dismissed for lack of controversy in light of prisoner’s unopposed release. 		Criminal Law and Procedure Jul. 23, 2012
People v. Werner
Officer's general fear of danger fails to justify search under protective sweep doctrine where no articulable facts of danger exist. 		Criminal Law and Procedure Jul. 23, 2012
In re Davidson
Reversal of agency’s denial of parole is improper where there is some evidence that defendant’s history with alcohol presented unreasonable risk to public safety. 		Criminal Law and Procedure Jul. 23, 2012
People v. Lara
Court does not have discretion under Penal Code Section 1385 to disregard historical facts that disqualify prisoner from earning day-to-day conduct credits. 		Criminal Law and Procedure Jul. 20, 2012
People v. Yarbrough
Second floor balcony with metal railing is part of dwelling's outer boundary for purposes of entry required for residential burglary conviction. 		Criminal Law and Procedure Jul. 20, 2012
Runningeagle v. Ryan
No 'Brady' violation occurs where information is speculative and would not affect accused's guilt or sentence. 		Criminal Law and Procedure Jul. 19, 2012
In re Tapia
Grant of habeas relief is improper where ‘some evidence’ supports denial of parole based on prisoner's current dangerousness due to his allegiance to co-offender. 		Criminal Law and Procedure Jul. 19, 2012
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