Case Summaries
Criminal Law & Procedure
[03/10]
US v. Fisher
Defendant's firearm possession conviction is affirmed where police had probable cause to detain defendant because they were responding to a 911 call late at night, in a high crime area, with every reason to suspect gunplay, and the only vehicle at the scene looked as if it was about to depart.
[03/10]
People v. Arias
Conviction of defendant for first-degree murder and jury's finding, inter alia, that the murder was committed to benefit a criminal street gang, is affirmed for the most part except that the findings as to two attempted murder convictions that the attempted murders were willful, deliberate and premeditated are reversed.
[03/09]
US v. York
Defendant's conviction and sentence for arson and carrying a destructive device are affirmed where: 1) there was sufficient evidence that the fire at issue was intentionally set; 2) the district court did not abuse its discretion by denying defendant's motion for a mistrial, because defendant failed to show that he was prejudiced by a jury note requesting to hear again defendant's confession; and 3) evidence that defendant had harmed his girlfriend went to issues other than defendant's character because it explained that she withheld information from the police due to her fear of defendant's threats.
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