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Name Category Published
People v. Chappelone
Trial court overestimates restitution value of damaged Target merchandise by relying on retail price rather than devalued worth. 		Criminal Law and Procedure Apr. 15, 2010
People v. Stacy
False personation conviction is valid when defendant suspected of driving under influence repeatedly gave officer another person’s information to avoid liability. 		Criminal Law and Procedure Apr. 15, 2010
Mora-Meraz v. Thomas
Notice and comment procedure does not apply to proof of drug abuse or dependence requirement for admission to drug abuse program. 		Criminal Law and Procedure Apr. 15, 2010
People v. Landon
Conduct credit calculation as amended in Penal Code Section 4019 applies retroactively to determine defendant’s presentence custody accruement. 		Criminal Law and Procedure Apr. 14, 2010
People v. Reed
Trial court fails to make inquiry into defendant’s claim of ineffective assistance of counsel as basis for new trial. 		Criminal Law and Procedure Apr. 14, 2010
People v. Botello
Prosecution may not use uncharged provision for sentencing enhancements which were not pled and proved before appeal. 		Criminal Law and Procedure Apr. 13, 2010
People v. House
Amendment to Penal Code Section 4019, concerning calculation of presentence custody credits, applies retroactively to defendant's sentence. 		Criminal Law and Procedure Apr. 13, 2010
Hein v. Sullivan
Prosecution’s failure to disclose evidence does not prejudice teenagers convicted of felony-murder and other related crimes. 		Criminal Law and Procedure Apr. 13, 2010
Alvarez v. Superior Court (People)
Assignment procedure authorized by law needs no local rule for implementation and presiding judge has authority to designate departments for pretrial settlements. 		Criminal Law and Procedure Apr. 12, 2010
People v. Zamani
Trial court does not err in omitting jury instruction on specific intent for crime of appropriation of lost property. 		Criminal Law and Procedure Apr. 9, 2010
People v. Superior Court (Pearson)
Statute providing postconviction discovery does not amend Proposition 115, which only governs pretrial discovery, and is thus valid. 		Criminal Law and Procedure Apr. 9, 2010
U.S. v. Juarez
Fugitive tolling of defendant’s supervised release term begins when defendant absconds from supervision, not when warrant is issued. 		Criminal Law and Procedure Apr. 9, 2010
People v. Friedeck
Defendant is ineligible for Proposition 36 probation due to implied refusal of drug treatment although he lost paperwork and attended AIDS classes. 		Criminal Law and Procedure Apr. 9, 2010
People v. Superior Court (Costa)
Murder charges are improperly dismissed where truck driver was likely subjectively aware of great risk of his actions. 		Criminal Law and Procedure Apr. 8, 2010
People v. Dowl
Experienced officers are qualified expert witnesses on marijuana possession for sale and are not required to additionally qualify as medical marijuana experts. 		Criminal Law and Procedure Apr. 8, 2010
White v. Martel
Tolling of statute of limitations for filing federal habeas petition is unavailable where state court determined that state habeas petition was untimely. 		Criminal Law and Procedure Apr. 8, 2010
U.S. v. Tello
Arizona citizen is properly charged with federal sex crime against minor because defendant could also be charged with California crime. 		Criminal Law and Procedure Apr. 8, 2010
U.S. v. Andrews
District court’s refusal to consider defendant’s contrary evidence of cause of victim’s injuries violates duty to resolve disputes by preponderance of evidence. 		Criminal Law and Procedure Apr. 8, 2010
People v. Brooks
Probation condition prohibiting use or possession of medical marijuana is valid where restriction is reasonably related to defendant’s criminal offense. 		Criminal Law and Procedure Apr. 8, 2010
U.S. v. Valencia-Barragan
Conviction for rape of child who is 12 or 13-years-old constitutes crime of violence warranting 16-level sentence increase. 		Criminal Law and Procedure Apr. 7, 2010
Martinez v. Board of Parole Hearings
Board of Parole Hearings fails to make explicit finding of quadriplegic’s threat to public safety in relation to request for compassionate release. 		Criminal Law and Procedure Apr. 7, 2010
People v. Cantu
Court errs in enforcing plea agreement where deputy withdrew consent to agreement before defendant pled guilty. 		Criminal Law and Procedure Apr. 7, 2010
People v. Milosavljevic
Trial court does not err when it instructs jury with single comprehensive unanimity instruction that applies to all listed sex offenses. 		Criminal Law and Procedure Apr. 7, 2010
People v. Bui
Temporary exclusion of defendant’s family members during jury voir dire proceeding does not violate defendant’s right to public trial. 		Criminal Law and Procedure Apr. 7, 2010
People v. Nakai
Incriminating online chat with minor is not confidential communication that requires suppression. 		Criminal Law and Procedure Apr. 6, 2010
People v. Sutton
Unavailability of defendant’s counsel is good cause to delay trial where unforeseen events led to attorney’s unavailability. 		Criminal Law and Procedure Apr. 6, 2010
People v. Noriega
Replacement of public defender with court-appointed attorney does not violate defendant's right to counsel under state Constitution. 		Criminal Law and Procedure Apr. 6, 2010
People v. Sokolsky
Court has discretion to refuse to allow defendant to represent himself in commitment proceedings under Sexually Violent Predator’s Act. 		Criminal Law and Procedure Apr. 5, 2010
People v. Cogswell
Due diligence in establishing unavailability of witness does not require prosecution to request custody and delivery of out-of-state sexual assault victim. 		Criminal Law and Procedure Apr. 2, 2010
U.S. v. Norwood
Although error was ultimately harmless, affidavit proving alleged drug seller’s illegitimate income is testimonial and thus erroneously admitted into evidence. 		Criminal Law and Procedure Apr. 2, 2010
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