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Maryland v. Shatzer
08-680
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2/24/2010
Where a suspect has asserted his right to counsel and his right to remain silent and questioning ceases but he is then recontacted after a period of 14 days, during which he was no longer in Miranda custody, and now waives Miranda, there i...
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People v. Benitez
G041201
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2/24/2010
In a prosecution for possession of a controlled substance, the laboratory report of the substance is testimonial, such that the defendant has a Sixth Amendment right to confront the actual analyst who performed the analysis and completed the report....
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People v. Taravella
H033992
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2/23/2010
Mandatory sex-offender registration pursuant to Penal Code section 290, as applied to a person convicted in 1987 of committing oral copulation by a person over age 21 with a person under the age of 16 (Pen. Code, sec. 288a subd. (b)(2)), violates equal ...
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Florida v. Powell
08-1175
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2/23/2010
Although Miranda v. Arizona (1966) 384 U.S. 436 requires that prior to custodial questioning, a suspect be clearly informed that he has a right to consult with an attorney and have the attorney with him during questioning, there is no precise req...
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In re Christopher C.
B216270
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2/22/2010
A petition was properly sustained where the minors were at risk of emotional harm due to family conflict and cross-accusations. Mother and father were the parents of seven children, who were the subject of 30 referrals to DCFS. Some o...
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Thaler v. Haynes
09-273
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2/22/2010
There is no current clearly established United States Supreme Court decision holding that a demeanor-based explanation for a peremptory challenge must be rejected if the judge did not observe or cannot recall the juror's demeanor. The U.S. Supreme C...
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People v. Singleton
B211975
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2/22/2010
The prosecution may not use a statement obtained from a defendant who has been granted immunity, but evidence that is demonstrated to be obtained independently from defendant's statement may be introduced in the prosecution's case in chief. Appellan...
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People v. Hernandez
F056015
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2/18/2010
CALCRIM Nos. 968 and 401 together adequately instruct jurors as to the mental state requirement for aiding and abetting, and need not be repeated in conjunction with the instruction for the underlying offense. Appellant was charged with discharging ...
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United States v. Borowy
09-10064
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2/17/2010
Despite defendant's subjective intent to prohibit file sharing, he did not have a reasonable expectation of privacy where computer files were shared with the public. Special Agent Mitchell logged on to LimeWire, a publicly available peer-to-peer fil...
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People v. Soria
S164796
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2/11/2010
Unconsolidated cases jointly resolved in one plea bargain remain separate actions for purposes of the restitution fine statute (Pen. Code, § 1202.4) and parole revocation fine statute (Pen. Code, § 1202.45). Over the course of three weeks, the dist...
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People v. Ayala
A122412
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2/11/2010
There was sufficient evidence to support appellant's murder conviction based on the natural and probable consequences doctrine. Appellant, a Sureņo gang member, drove with fellow gang members into Norteņo neighborhood to assault a rival gang member...
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People v. Reynolds
E047192
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2/10/2010
When the trial court dismisses a petition for unconditional release (Welf. & Inst. Code, sec. 6608) without a hearing, the standard of review is abuse of discretion. Appellant, a person committed as an SVP, filed a petition for unconditional releas...
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People v. Paz
G041327
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2/10/2010
A defendant who disposes of contraband because of threat of bodily injury or of police apprehension cannot claim the defense of transitory possession. Appellant and another man were involved in altercation. The man placed appellant in a choke hold...
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In re Noreen G.
A122651
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2/9/2010
Probate Code section 1516.5 is not vague and does not deny due process. The minors were freed from parental custody by way of a Probate code section 1516.5 petition. The parents challenged section 1516.5, contending that it is impermiss...
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People v. Sanderson
E047284
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2/9/2010
In a Pitchess motion to initiate discovery of information in the personnel files of police officers, a defendant must present a specific factual scenario of officer misconduct that is plausible when read in light of the pertinent documents. A...
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People v. Trujillo
E045598
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2/9/2010
If a defendant has the requisite mental state for assault, it is not necessary that he have actual knowledge of each specific victim of the assault to sustain a conviction for assault against victims of whom he had no actual knowledge. One evening, ...
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