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Name Category Published
U.S. v. Pope
Police search is legal where suspect admitted to marijuana possession and officer verbally ordered suspect to turn over contraband. 		Criminal Law and Procedure Jul. 18, 2012
People v. Favor
Trial court is not required to instruct jury that premeditated attempt to murder must have been natural and probable consequence of target offense. 		Criminal Law and Procedure Jul. 17, 2012
People v. Riccardi
Erroneous excusal of prospective juror based on views concerning death penalty automatically compels reversal of penalty phase judgment without conducting prejudice inquiry. 		Criminal Law and Procedure Jul. 17, 2012
People v. Runyan
Mandatory restitution awarded to estate of victim is invalid because award did not represent loss incurred by decedent prior to his death due to defendant's crime. 		Criminal Law and Procedure Jul. 17, 2012
U.S. v. Pariseau
In attempted possession case, venue is proper in district where defendant took substantial steps in pursuit of offense, rather than district where arrest occurred. 		Criminal Law and Procedure Jul. 17, 2012
People v. Beard
Three-year enhancement for prior narcotics conviction is not subject to one-third limit because enhancement did not relate to circumstances of crime. 		Criminal Law and Procedure Jul. 16, 2012
People v. Pena
Trial court's exclusion of family members from trial is valid where it prevented delay and protected interests of defendants. 		Criminal Law and Procedure Jul. 16, 2012
People v. Nishi
Warrantless search of campsite does not violate Fourth Amendment where defendant had no legitimate expectation of privacy when he was not lawfully on premises. 		Criminal Law and Procedure Jul. 16, 2012
People v. Bailey
Appellate court cannot modify escape conviction to attempt to escape where jury was not instructed on specific intent element. 		Criminal Law and Procedure Jul. 13, 2012
People v. Yuksel
For purposes of statute targeting adults who arrange sexually illicit meetings with minors, jury instruction stating that 'child' is person under age of 18 is correct. 		Criminal Law and Procedure Jul. 12, 2012
People v. Lightsey
Defendant in death penalty case may not represent himself during proceedings to determine whether he was mentally competent to stand trial. 		Criminal Law and Procedure Jul. 10, 2012
People v. Stanley
Trial court has discretion to award either replacement cost, or actual repair cost if repair is possible, to vandlism victim who is entitled to restitution. 		Criminal Law and Procedure Jul. 10, 2012
Macy v. Superior Court (People)
Dismissal is not proper remedy for sexually violent predator proceedings when experts produce conflicting evaluations. 		Criminal Law and Procedure Jul. 10, 2012
LaChance v. Valverde
DMV correctly denies plaintiff's request for restricted driver's license where she pled guilty to DUI and DMV had suspended her license for six months. 		Criminal Law and Procedure Jul. 9, 2012
People v. Gonzalez
Substantial evidence of murder exists under provocative act doctrine where individual escalated confrontation by giving firearm to accomplice, who was fatally shot. 		Criminal Law and Procedure Jul. 6, 2012
Torres v. Dept. of Corrections and Rehabilitation
Concept of ‘constructive custody’ does not extend tolling of limitations period allowing parolee to file false imprisonment claim more than one year after release. 		Criminal Law and Procedure Jul. 5, 2012
People v. LaPierre
Defendant who committed multiple armed bank robberies in Hawaii and California will continue serving time in California custody after serving term in federal custody. 		Criminal Law and Procedure Jul. 5, 2012
U.S. v. Castillo-Marin
Sentence involves plain error when district court exclusively relied on facts and conclusions in presentence report to incorrectly apply enhancement. 		Criminal Law and Procedure Jul. 5, 2012
People v. Cruz
Prospective-only application of sentencing changes within realignment legislation, which applies to persons sentenced on or after Oct. 1, 2011, does not violate equal protection. 		Criminal Law and Procedure Jul. 5, 2012
Smith v. Superior Court (People)
State interests in trying jointly charged defendants’ in single trial constitute good cause to continue second jointly charged defendant’s trial to retain joinder. 		Criminal Law and Procedure Jul. 3, 2012
U.S. v. Yepiz
Voir dire policy requiring use of peremptory challenge when accepting panel does not constitute reversible error absent showing of juror bias. 		Criminal Law and Procedure Jul. 3, 2012
Ford v. Gonzalez
Defendants’ petition is untimely because factual predicate of his claims that witness received benefits for cooperating with law enforcement could have been discovered at time of his trial. 		Criminal Law and Procedure Jul. 3, 2012
People v. Mehserle
Evidence is sufficient to support finding that defendant police officer committed involuntary manslaughter where he claimed he intended to use his taser but instead fired his handgun. 		Criminal Law and Procedure Jul. 3, 2012
People v. Baker-Riley
Provocative act implied malice murders are first degree murders when they occurred during course of enumerated felony that would support first degree felony-murder conviction. 		Criminal Law and Procedure Jul. 3, 2012
U.S. v. Thoms
Reversal of magistrate's credibility finding requires court to first hear some witness testimony, except where judgment as matter of law is appropriate. 		Criminal Law and Procedure Jul. 2, 2012
People v. Aragon
Sex offender, who registers as transient, does not violate registration requirement when he does not know that he has residence for purposes of requirement. 		Criminal Law and Procedure Jul. 2, 2012
In re Lira
Defendant is not entitled to credit for period of continued incarceration following erroneous denial of parole, but is entitled to credit following Governor’s erroneous veto. 		Criminal Law and Procedure Jul. 2, 2012
U.S. v. Alvarez
Stolen Valor Act, which prohibited false claims of receipt of military medals, violates First Amendment by regulating speech even where no legal injury is present. 		Criminal Law and Procedure Jun. 29, 2012
People v. Diaz
For purposes of possession of burglary tools conviction, items are not burglary tools where they were not specifically listed in statute or used to gain entry. 		Criminal Law and Procedure Jun. 29, 2012
People v. Almanza
Criminal booking fee is properly imposed without first reviewing defendant's financial capacity because city peace officer made arrest. 		Criminal Law and Procedure Jun. 28, 2012
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