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Name Category Published
U.S. v. Hofus
Court’s instruction on attempt charge’s ‘substantial step’ element is proper and does not require unanimity as to what it specifically constituted. 		Criminal Law and Procedure Mar. 21, 2010
Blakely v. Superior Court (People)
Prisoner cannot be evaluated, certified, and recommitted as mentally disordered offender after parole date passes. 		Criminal Law and Procedure Mar. 21, 2010
People v. Brown
Amended Penal Code that provides enhanced conduct credits for presentence confinement applies retroactively for less-serious offenders. 		Criminal Law and Procedure Mar. 18, 2010
U.S. v. Rocha
Inmate who used hands to cause another inmate to crash onto concrete floor is wrongfully convicted of assault with dangerous weapon. 		Criminal Law and Procedure Mar. 18, 2010
People v. Gamache
Based on evidence, entire district attorney’s office need not recuse itself from homicide trial where surviving victim was prosecution’s employee. 		Criminal Law and Procedure Mar. 18, 2010
People v. Bankers Insurance Co.
Surety is estopped from challenging bail bond forfeiture and summary judgment although court acted outside of jurisdiction by acceding to surety's extension requests. 		Criminal Law and Procedure Mar. 17, 2010
In re Moses
Governor’s reversal of prisoner’s parole grant is improperly based on circumstances of commitment offense and not supported by evidence of current dangerousness. 		Criminal Law and Procedure Mar. 16, 2010
People v. Lynch
Defendant’s out-of-state residence and possibility of past arrest warrant may toll statute of limitations for variety of offenses. 		Criminal Law and Procedure Mar. 16, 2010
In re Juarez
Board of Parole Hearings improperly denies parole based on rote recitation of unsuitability factors, which were not probative of current dangerousness. 		Criminal Law and Procedure Mar. 16, 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 Mar. 16, 2010
People v. Picklesimer
Sex offender no longer subject to mandatory sex offender registration improperly sought relief by failing to file petition for writ of mandate. 		Criminal Law and Procedure Mar. 15, 2010
People v. Townsend
Possession of ‘Molotov cocktails’ qualifies as crime involving implied threat to use force or violence under Mentally Disordered Offender Act. 		Criminal Law and Procedure Mar. 15, 2010
People v. Concha
Instructional error is harmless where rational jury would have found it clear that each defendant personally premeditated and deliberated attempted murder. 		Criminal Law and Procedure Mar. 14, 2010
People v. D'Arcy
Court properly appoints only one mental health expert where defendant did not inform court he was seeking finding of incompetence. 		Criminal Law and Procedure Mar. 11, 2010
Stanley v. Schriro
Defendant is entitled to evidentiary hearing on ineffective counsel claim where allegations, if proved, would have entitled him to federal habeas relief. 		Criminal Law and Procedure Mar. 11, 2010
Valdovinos v. McGrath
Defendant is deprived of fair trial where undisclosed evidence as to defendant's misidentification could have altered result of first-degree murder conviction. 		Criminal Law and Procedure Mar. 10, 2010
People v. Arias
Sentence enhancement for attempted first-degree murder violates defendant’s due process rights where prosecution failed to follow pleading requirements. 		Criminal Law and Procedure Mar. 10, 2010
People v. Puluc-Sique
Appellate disentitlement of right to appeal based on fugitive status is not extended to appeal of defendant who is involuntarily deported. 		Criminal Law and Procedure Mar. 9, 2010
U.S. v. Cha
Seizure of residence, which lasted at least 26.5 hours, is unreasonably long and suppression of resulting evidence is warranted. 		Criminal Law and Procedure Mar. 9, 2010
People v. Memory
Admission of prejudicial, gang-type evidence of defendant’s motorcycle club leads to wrongful conviction. 		Criminal Law and Procedure Mar. 8, 2010
Bloate v. U.S.
Time granted to prepare pretrial motions is not automatically excluded from 70-day limit required between defendant’s indictment and trial. 		Criminal Law and Procedure Mar. 8, 2010
People v. Cobb
Although court erred by delaying trial past mentally disordered offender’s commitment term and forcing him to remain committed, no relief is available. 		Criminal Law and Procedure Mar. 8, 2010
People v. Lara
90-day statutory deadline for filing petition to extend commitment is directory if petition was filed before expiration of current commitment. 		Criminal Law and Procedure Mar. 8, 2010
Rhoades v. Henry
Court properly declines to expand record where defendant failed to diligently develop factual predicate for claim in state court. 		Criminal Law and Procedure Mar. 8, 2010
People ex rel. Reisig v. Acuna
Preliminary gang injunction is properly granted where evidence of gang was presented based on expert’s observations and vast experiences with its members. 		Criminal Law and Procedure Mar. 8, 2010
Rhoades v. Henry
In death penalty case, counsel did not fail to investigate, develop, and present mental state defense where evidence was lacking. 		Criminal Law and Procedure Mar. 8, 2010
Rhoades v. Henry
District court properly denies defendant’s petition where state court afforded him full and fair hearing on his claims. 		Criminal Law and Procedure Mar. 8, 2010
U.S. v. Molina
Pursuant to pretrial stipulation, court properly admits hearsay statements of unavailable witnesses despite vacation of plea agreement. 		Criminal Law and Procedure Mar. 8, 2010
People v. Warwick
Defendant is subject to personally inflicting great bodily injury enhancement where her actions and inaction directly caused child’s injuries. 		Criminal Law and Procedure Mar. 7, 2010
In re Lucas
Extension of prisoner’s custody and petition to commit him as sexually violent predator are valid despite incorrect finding of ‘good cause.’ 		Criminal Law and Procedure Mar. 7, 2010
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