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People v. Steppe
DNA technician’s reliance on DNA test results and reports prepared by another analyst in forming conclusion does not violate defendant’s right to confrontation.
Criminal Law and Procedure Mar. 19, 2013
Gulbrandson v. Ryan
Death sentence based on brutal murder of ex-girlfriend is upheld despite defense counsel's alleged failure to recall expert at sentencing to testify as to mental state.
Criminal Law and Procedure Mar. 19, 2013
People v. Gonzales
In Sexually Violent Predator Act case, court should not have permitted disclosure of psychological records compiled during evaluation and counseling sessions.
Criminal Law and Procedure Mar. 19, 2013
Amy & Vicky v. U.S. District Court (Cantrelle)
Child pornography victims may be entitled to restitution where they provided sufficient evidence to prove a causal connection between defendant's offense and their losses.
Criminal Law and Procedure Mar. 19, 2013
People v. Calderon
Carjacker who attempted to run over owner of car after stealing it receives additional sentence for using vehicle as dangerous weapon during carjacking.
Criminal Law and Procedure Mar. 18, 2013
People v. Lucas
Sentence enhancement on aggravated assault conviction is appropriate based on prior conviction for felony assault with deadly weapon, which was reduced to misdemeanor.
Criminal Law and Procedure Mar. 18, 2013
Milke v. Ryan
Death sentence of mother accused of conspiring to kill her son is overturned because state withheld evidence that detective had history of lying under oath.
Criminal Law and Procedure Mar. 15, 2013
People v. Gutierrez
Molestation charges are properly dismissed after prosecution failed to disclose reports that showed victim made unfounded accusations of molestation in the past.
Criminal Law and Procedure Mar. 14, 2013
U.S. v. Hayat
U.S. citizen who attended terrorist camp in Pakistan fails to overturn conviction for providing material support to terrorists in violation of federal terrorism statute.
Criminal Law and Procedure Mar. 14, 2013
Knight v. Ahlin
Pro se prisoner's federal habeas petition, which challenged lengthy Sexually Violent Predator Act detention, must be granted when state court postponed consideration.
Criminal Law and Procedure Mar. 14, 2013
People v. Thomas
Sentence for possession of cocaine base and transporting controlled substance is modified based on enhancements for defendant’s prior drug convictions.
Criminal Law and Procedure Mar. 14, 2013
People v. Vega
Gang member must receive sentence enhancement for both firearm use and inflicting great bodily injury in shooting of rival gang member.
Criminal Law and Procedure Mar. 13, 2013
U.S. v. King
Police may conduct suspicionless search of probationer's residence when he had agreed to be subject to warrantless searches as probation condition.
Criminal Law and Procedure Mar. 11, 2013
U.S. v. Cotterman
Comprehensive forensic search of computer performed 170 miles from U.S. border, which revealed child pornography images, is reasonable under Fourth Amendment.
Criminal Law and Procedure Mar. 11, 2013
People v. Wilkins
Instructional error causes reversal of first-degree murder conviction of defendant who burglarized a stove, which later fell from his truck, killing another driver.
Criminal Law and Procedure Mar. 8, 2013
Walker v. Martel
Counsel’s failure to object to placement of leg restraint on defendant at trial does not warrant reversal of murder conviction because failure did not affect outcome of case.
Criminal Law and Procedure Mar. 8, 2013
People v. Hendrix
Defendant’s conviction for violently resisting police officer is improper where prior incidents of his encounters with police were incorrectly admitted into evidence.
Criminal Law and Procedure Mar. 8, 2013
People v. Vega
Gang member must receive sentence enhancement for both firearm use and inflicting great bodily injury in shooting of rival gang member.
Criminal Law and Procedure Mar. 8, 2013
People v. Powell
Conviction for theft by false pretense is overturned where defendant was initially charged with robbery for allegedly taking money during smuggling transaction.
Criminal Law and Procedure Mar. 7, 2013
People v. Wooten
Attempted rapist, who forced victim to perform oral sex, then attempted to kill her, may be given same sentence enhancement for both crimes.
Criminal Law and Procedure Mar. 7, 2013
U.S. v. Brizan
Wife may not withdraw guilty plea to charge based on concealment of husband's drug trafficking when she waived her right to appeal in plea agreement.
Criminal Law and Procedure Mar. 6, 2013
People v. Andreasen
Defendant is properly sentenced to life without possibility of parole based on first degree murder with independent intent to commit attempted robbery.
Criminal Law and Procedure Mar. 6, 2013
People v. Lockwood
Defendant must pay $20,900 in restitution to reimsburse state Resitution Fund for expenses paid to victim based on medical records, patient receipts, and insurance forms.
Criminal Law and Procedure Mar. 6, 2013
In re Vicks
Marsy’s Law provisions that allow Board of Parole Hearings to defer parole hearings for five years do not create significant risk of prolonging incarceration.
Criminal Law and Procedure Mar. 5, 2013
U.S. v. Wahchumwah
During investigation of sale of eagle parts, agent’s use of warrantless audio-video recording device in suspect’s home does not violate privacy interests.
Criminal Law and Procedure Mar. 5, 2013
People v. Landau
Although seven years passed between filing of civil sexually violent predator commitment petition and trial, defendant is not denied due process because delays were at his request.
Criminal Law and Procedure Mar. 4, 2013
People v. Westmoreland
Murder and robbery convictions are overturned where defendant confessed to ‘robbery gone wrong’ in reliance on detective’s false promises of leniency.
Criminal Law and Procedure Mar. 4, 2013
People v. Ellis
During trial of defendant who committed lewd acts upon 13-year-old, photographs taken during sexual assault and rape trauma examination are properly admitted.
Criminal Law and Procedure Mar. 1, 2013
U.S. v. Preston
Defendant's confession to sexually assaulting neighbor is not involuntary, despite defendant's diminished mental capacity, because officers did not use coercive tactics.
Criminal Law and Procedure Feb. 28, 2013
People v. Stevens
Psychologist may describe whether defendant's offense involved force or violence when opining that defendant was a mentally disordered offender.
Criminal Law and Procedure Feb. 28, 2013