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People v. Abel
Capital defendant is not entitled to relief on claim of precharging delay where he failed to prove prejudice based on witness' inability to recall information.
Criminal Law and Procedure Mar. 19, 2012
In re Tom
Prosecution violates Fifth Amendment privilege against self-incrimination by introducing evidence at trial of post-arrest, pre-'Miranda' silence as proof of guilt.
Criminal Law and Procedure Mar. 19, 2012
City of Susanville v. California Dept. of Corrections and Rehabilitation
Dept. of Corrections and Rehabilitation does not abuse disrection in determining parolee's placement, which was based on requisite statutory mandates and chosen to minimize risk.
Criminal Law and Procedure Mar. 18, 2012
Phillips v. Ornoski
Prosecution's effort to conceal plea deal with witness violates defendant's due process rights where testimony was material to special circumstances finding.
Criminal Law and Procedure Mar. 18, 2012
U.S. v. Del Toro-Barboza
Evidence is sufficient to support conviction in currency smuggling case where defendants claimed they did not know money was in their car.
Criminal Law and Procedure Mar. 14, 2012
In re Young
Denial of parole violates due process because consideration of factors was inadequate and reasons were not supported by evidence indicating current dangerousness.
Criminal Law and Procedure Mar. 14, 2012
People v. Cravens
Court finds sufficient evidence to support conviction for second degree murder on implied malice theory where defendant sucker punched victim, causing death.
Criminal Law and Procedure Mar. 14, 2012
U.S. v. King
Although police lacked reasonable suspicion to conduct search, suppression of evidence is not required due to probation condition allowing warrantless searches.
Criminal Law and Procedure Mar. 13, 2012
U.S. v. Ressam
Millennium Bomber’s 22-year sentence is unreasonable where it represented great departure from guidelines and was based on sentencing court’s overvaluation of cooperation.
Criminal Law and Procedure Mar. 12, 2012
People v. Manzo
Conviction for willful discharge of firearm at occupied vehicle stands where defendant stood outside vehicle and gun crossed vehicle’s threshold.
Criminal Law and Procedure Mar. 8, 2012
People v. Horvath
Aggravated mayhem convictions are proper given that specific intent to maim victim's body parts could be inferred from systematic abuse over time.
Criminal Law and Procedure Mar. 8, 2012
Pizzuto v. Blades
Defendant is not entitled to file successive motion for habeas relief alleging judicial misconduct where claim was also presented in prior application.
Criminal Law and Procedure Mar. 8, 2012
People v. Kunath
If concurrent sentences are imposed for unrelated crimes, defendant is entitled to presentence credits on each sentence where he is not also in postsentence custody for other crime.
Criminal Law and Procedure Mar. 8, 2012
U.S. v. Whitney
Government breaches plea agreement by disclosing defendant’s admissions and urging imposition of sentence above low end of guidelines range.
Criminal Law and Procedure Mar. 7, 2012
People v. Wensinger
Double jeopardy bars defendant's conviction for making criminal threats where earlier trial found there was insufficient evidence that he made those threats.
Criminal Law and Procedure Mar. 7, 2012
Martel v. Clair
District court properly rejects defendant's substitution motion because motion came after proceedings had closed and new attorney could not have done anything.
Criminal Law and Procedure Mar. 5, 2012
USA v. Loughner
Hospital's decision to administer involuntary medication does not violate defendant's substantive due process rights because defendant was danger to himself and others.
Criminal Law and Procedure Mar. 5, 2012
In re Lucas
Although regulation’s ‘good cause’ definition in sexually violent predator evaluation proceeding is invalid, court’s reliance on regulation was excusable good faith mistake.
Criminal Law and Procedure Mar. 5, 2012
People v. Accredited Surety and Casualty Co. Inc.
Court lacks jurisdiction to recall forfeited bond where surety fails to file motion to vacate forfeiture and exoneration period was not tolled.
Criminal Law and Procedure Mar. 1, 2012
People v. Goldsmith
Computer record showing defendant beating red light is properly admitted because admission of foundational testimony showing accuracy and reliability is not required.
Criminal Law and Procedure Mar. 1, 2012
U.S. v. White
Defendant’s disagreement with his attorneys and inability to control his temper in courtroom does not raise bona fide doubt that he lacked competency.
Criminal Law and Procedure Feb. 29, 2012
James v. Ryan
Counsel’s failure to investigate and present mitigating evidence of defendant’s life history, mental incapacity, and substance abuse constitutes deficient performance.
Criminal Law and Procedure Feb. 29, 2012
U.S. v. Bolivar
Search of backpack in probationer’s residence falls within permissible bounds of probation search where police had reasonable suspicion that probationer owned and controlled item.
Criminal Law and Procedure Feb. 29, 2012
People v. Schoenbachler
Granddaughter is guilty of financial elder abuse for willfully causing unjustified pain to grandmother by embezzling annuity and moving her into filthy facility.
Criminal Law and Procedure Feb. 29, 2012
People v. Casarez
False impersonation requires more than merely offering of identifying document to support impersonator’s false claim of identity for purposes of elevating crime to felony.
Criminal Law and Procedure Feb. 28, 2012
Towery v. Ryan
Counsel’s failure to raise habeas petitioner’s colorable claim does not constitute abandonment absent showing that petitioner was deprived of opportunity to be heard.
Criminal Law and Procedure Feb. 28, 2012
Moormann v. Schriro
Petitioner cannot file successive habeas petition under abandonment theory where records showed that he was always represented by active counsel.
Criminal Law and Procedure Feb. 28, 2012
People v. Lyu
Convictions for sexual penetration and oral copulation of unconscious person are not supported by substantial evidence where victim instantly knew acts occurred.
Criminal Law and Procedure Feb. 28, 2012
People v. Rouse
Defendant cannot argue insufficiency of evidence in challenging conviction for sexual abuse of child where jury found duress was present under circumstances.
Criminal Law and Procedure Feb. 28, 2012
People v. Scott
Prohibition on visitation between qualified prisoners and child victims does not affect visitation between adult victims and their childhood abusers.
Criminal Law and Procedure Feb. 28, 2012