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Case Summaries

Criminal Law & Procedure

[11/13] P. v. Zabala
Affirming the judgment in the case of a man convicted for transporting a controlled substance, possession for sale, and driving with a suspended license because although the removal of a car's dashboard console exceeded the scope of a permissible inventory search the search was supported by probable cause and therefore lawful under the automobile exception to the warrant requirement.

[11/13] US v. Concepcion Montijo
Affirming the imposition of a sentence in the case of a man convicted of being a felon in possession of a firearm because the court justified an upward variance from the guideline by referencing his long criminal record, so any error in calculation was harmless, and this decision was reasonable given the pattern of serious crimes shown by the court.

[11/13] P. v. Wall
Affirming the judgment of death in the automatic appeal of the conviction of a man for two first-degree murders in which multiple special circumstances relating to the crimes were taken into consideration, but remanding for new findings relating to restitution since the trial court applied the wrong statute in imposing the prior restitution order.

[11/13] US v. Burhoe
Denying the petition for panel rehearing in a case where the evidence was sufficient to show that appellants willfully violated the statute involving a man's improper service as a union representative and determining that the prior failure to address the district court's refusal to investigate a juror's post-verdict message would not have altered the decision's outcome.

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