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Criminal Law & Procedure

[11/20] Vasquez v. State of California
In a taxpayer cause of action brought against the state for violating Proposition 139, known as the Prison Inmate Labor Initiative of 1990, by failing to collect and disburse payments due from joint venture programs with private employers within state prisons, award of attorneys' fees to plaintiff-company representive under the "private attorney general statute", Code of Civil Procedure section 1021.5, is affirmed where: 1) no rule applicable to this case required plaintiff first to attempt to settle the matter short of litigation; 2) the present case is not a catalyst case because plaintiff successfully obtained a stipulated injunction that was entered as a judgment and thus brought about a judicially recognized change in the parties' legal relationship; and 3) the "limitations on the catalyst theory" adopted in Graham v. DaimlerChrysler Corp. did not properly apply here.

[11/20] In Re: Amendments to Fla. R. Crim. P.
In response to an out-of-cycle report of the Florida Bar's Criminal Procedure Rules Committee, the court adopts the committee's proposed amendments to conform the rules to recent legislation.

[11/20] US v. Nevils
Conviction for being a felon in possession of firearms and ammunition is reversed where the evidence offered with respect to the element of knowing possession was insufficient.

[11/20] Doody v. Schriro
In a habeas proceeding following convictions for murder and robbery, denial of petition for relief is affirmed in part and reversed in part where: 1) the state court's holding that defendant received adequate Miranda warnings was not an unreasonable application of clearly-established federal law; but 2) police coercion of defendant's confession over a twelve-hour period of interrogation rendered it involuntary.

[11/19] US v. Daughenbaugh
Conviction for possession of child pornography is affirmed over an objection that defendant's guilty plea was invalid because he had not knowingly and voluntarily waived his right to indictment.

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