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U.S. v. Yazzie
District court does not violate sex offender’s Sixth Amendment right to public trial by closing courtroom during child victim’s testimony.
Criminal Law and Procedure Feb. 28, 2014
People v. Spriggs
California driver’s conviction for using cell phone while driving is overturned because he was not talking or listening, but was looking at map on phone.
Criminal Law and Procedure Feb. 28, 2014
U.S. v. Apel
Air Force commander has authority to bar protester from reentering Vandenberg Air Force Base even though conduct occurred over designated protest area.
Criminal Law and Procedure Feb. 27, 2014
People v. Shockley
Step-grandfather is not entitled to jury instruction on battery as lesser included offense of lewd conduct on child under 14.
Criminal Law and Procedure Feb. 27, 2014
People v. Rosalinda C.
Developmentally disabled woman's civil commitment may be extended for one year, despite new California laws limiting extensions to six months.
Criminal Law and Procedure Feb. 26, 2014
Fernandez v. California
Police may search robbery suspect’s apartment without warrant because they obtained consent of another inhabitant well after suspect had been removed.
Criminal Law and Procedure Feb. 26, 2014
Kaley v. U.S.
Couple cannot contest restraining order, which froze assets that were subject to forfeiture, because they challenged grand jury’s probable cause finding.
Criminal Law and Procedure Feb. 26, 2014
Ayala v. Wong
Trial judge may not consider whether prosecution’s peremptory challenges are racially discriminatory during private hearings without defense counsel.
Criminal Law and Procedure Feb. 26, 2014
Hilton v. Superior Court (People)
Driver does not have to pay additional restitution to his victim because court lacked authority to reopen restitution issue after probation term ended.
Criminal Law and Procedure Feb. 26, 2014
People v. Harris
Burglar gets sentence increase because he broke into guest room, which was attached to main house where owner was present at the time.
Criminal Law and Procedure Feb. 26, 2014
Hinton v. Alabama
Death row inmate may be entitled to new trial because his trial attorney failed to understand Alabama law regarding expert witness funding.
Criminal Law and Procedure Feb. 25, 2014
People v. Rodriguez
Woman who fatally poisoned her husband for insurance money receives death sentence based on testimony that she was emotionless about his death.
Criminal Law and Procedure Feb. 21, 2014
People v. Infante
Gang member's status as felon in possession of firearm warrants felony treatment of charges based on carrying concealed gun in public.
Criminal Law and Procedure Feb. 21, 2014
U.S. v. Chandler
Felon must serve 235 months in prison for illegally possessing firearm, because he already had three prior convictions for violent offenses.
Criminal Law and Procedure Feb. 21, 2014
U.S. v. Garcia-Santana
INS Deciding Service Officer’s mistaken decision to deport burglary conspirator due to aggravated felony invalidates her later illegal reentry charge.
Criminal Law and Procedure Feb. 21, 2014
People v. Hood
Man’s probation is upheld because the prosecution neither alleged nor proved that he was ineligible for probation for his current assault and battery convictions.
Criminal Law and Procedure Feb. 20, 2014
People v. Tessman
Woman’s commercial burglary conviction is upheld despite trial judge’s reference to ‘what she should have known’ regarding stolen necklace.
Criminal Law and Procedure Feb. 19, 2014
U.S. v. Gonzalez-Monterroso
Guatemalan man may not receive increased sentence for illegal reentry based on prior Delaware attempted rape conviction, which was not a crime of violence.
Criminal Law and Procedure Feb. 18, 2014
Vosgien v. Persson
Habeas petitioner may challenge Oregon ‘compelling prostitution’ conviction, although he missed filing deadline, because he did not legally commit crime.
Criminal Law and Procedure Feb. 14, 2014
People v. Garcia
Murderer gives up right to speedy trial by fleeing California immediately after killing victim 33 years prior to his arrest in Texas.
Criminal Law and Procedure Feb. 14, 2014
People v. Rodarte
Trial court properly declines to instruct jury regarding imperfect self-defense on charges involving shooting at man from a motor vehicle.
Criminal Law and Procedure Feb. 14, 2014
People v. Casica
Woman receives reduced sentence for burglary and forgery offenses because her one objective in crimes was to steal her friend’s money.
Criminal Law and Procedure Feb. 12, 2014
U.S. v. Popov
Health care provider who submitted fraudulent Medicare claims can hold off on paying $607,457 in restitution because court improperly calculated restitution amount.
Criminal Law and Procedure Feb. 12, 2014
People v. Sasser
Sex offender receives multiple sentence enhancements due to his prior conviction for lewd act on child, resulting in aggregate term of 495 years to life.
Criminal Law and Procedure Feb. 12, 2014
U.S. v. Vallejos
Offender who used LimeWire’s peer-to-peer file-sharing program to download child pornography receives sentence increase for distribution.
Criminal Law and Procedure Feb. 11, 2014
U.S. v. Vasquez-Perez
Foreign citizen does not need verbal notice of additional allegations against him at initial hearing, when he was already in custody for illegally reentering U.S.
Criminal Law and Procedure Feb. 11, 2014
Smith v. Swarthout
Juror’s failure to disclose that he knew defendant through his daughter, who was defendant's neighbor, does not affect attempted murder conviction.
Criminal Law and Procedure Feb. 11, 2014
People v. Lipsett
Thief makes criminal threats by yelling 'shoot him' at victim’s dog, intending to scare victim into leaving with dog so he could steal his bike.
Criminal Law and Procedure Feb. 11, 2014
People v. Bautista
State may charge man, who possessed ‘50 to 100 days’ worth of heroin, with drug dealing, even if magistrate judge believed there was not enough evidence.
Criminal Law and Procedure Feb. 11, 2014
U.S. v. Carter
Participant in fraudulent airline ticketing scheme gets out of $66,000 restitution payment because forfeited assets already satisfied that obligation.
Criminal Law and Procedure Feb. 10, 2014