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Name Category Published
People v. Skiles
Involuntary manslaughter qualifies as serious felony under Three Strikes law if defendant personally inflicted great bodily injury. 		Criminal Law and Procedure Jan. 13, 2010
Smith v. Spisak
Death sentence jury instructions do not preclude mitigating evidence as alleged where instructions properly required balance of aggravating and mitigating circumstances. 		Criminal Law and Procedure Jan. 13, 2010
Schad v. Ryan
Habeas petitioner who failed to develop facts necessary for ineffective assistance claim is entitled to hearing on diligence and reasonableness of efforts. 		Criminal Law and Procedure Jan. 13, 2010
People v. Gonzalez
Trial court errs in imposing gang statute's minimum parole eligibility period in addition to 25-year gun enhancement. 		Criminal Law and Procedure Jan. 13, 2010
McDaniel v. Brown
Court may only consider evidence on record to determine if jury conviction was rational. 		Criminal Law and Procedure Jan. 12, 2010
U.S. v. Mausali
Defendant waives claim of outrageous government conduct of which he is aware where he failed to assert it before trial. 		Criminal Law and Procedure Jan. 12, 2010
U.S. v. Pineda-Moreno
No reasonable expectation of privacy exists in driveway where no steps are taken to exclude passersby. 		Criminal Law and Procedure Jan. 12, 2010
People v. Branner
Evidence cannot be suppressed where police relied in good faith on relevant search laws that were subsequently made unlawful. 		Criminal Law and Procedure Jan. 12, 2010
People v. Dominguez
Evidence of physical force, threats of harm and context of incident is sufficient for conviction for felony false imprisonment of minor. 		Criminal Law and Procedure Jan. 12, 2010
People v. Hollie
10-year limitations period for sex offenses applies on appeal although court did not base its ruling on 10-year limitations period at trial. 		Criminal Law and Procedure Jan. 11, 2010
U.S. v. Capener
Attorney fee award is improper where government did not act frivolously in failing to perform further investigation after relying on expert opinion. 		Criminal Law and Procedure Jan. 11, 2010
U.S. v. Burkholder
Striking of written victim impact statements from presentence report does not violate victims’ right to be heard under Crime Victims’ Rights Act. 		Criminal Law and Procedure Jan. 11, 2010
People v. Orozco
Defendant cannot waive challenge of ineffective assistance of counsel when claimed ineffectiveness relates to plea containing that waiver. 		Criminal Law and Procedure Jan. 11, 2010
Norwood v. Vance
Prison officials have qualified immunity where inmate was denied outdoor exercise during lockdowns imposed because of ongoing violent incidents. 		Criminal Law and Procedure Jan. 8, 2010
U.S. v. $186,416.00 in U.S. Currency
Declaration acknowledging medical marijuana status, which was attached to filing for return of illegally seized currency, does not provide probable cause. 		Criminal Law and Procedure Jan. 8, 2010
Cook v. Lamarque
Peremptory challenges used to strike African American jurors must be substantially motivated by discriminatory intent to be invalid. 		Criminal Law and Procedure Jan. 8, 2010
People v. Maikhio
Seizure of protected California spiny lobster from defendant’s car is unreasonable and does not serve special need that would justify suspicionless search. 		Criminal Law and Procedure Jan. 7, 2010
Harrison v. Gillespie
Double Jeopardy applies when judge improperly declares mistrial without granting jury poll request that may have resulted in acquittal of death penalty. 		Criminal Law and Procedure Jan. 6, 2010
U.S. v. Forrester
Defendant is not entitled to redacted portions of wiretap application where government is able to defend warrant without relying on redacted information. 		Criminal Law and Procedure Jan. 6, 2010
U.S. v. Morales
Court does not have authority to reduce sentence if sentence would be reduction of imprisonment based on revocation of supervised release. 		Criminal Law and Procedure Jan. 6, 2010
U.S. v. Laurico-Yeno
Prior conviction for inflicting corporal injury on partner constitutes categorical crime of violence for purposes of sentencing enhancement. 		Criminal Law and Procedure Jan. 5, 2010
U.S. v. Mancinas-Flores
Trial court’s rejection of guilty plea that lacks reasoning of such action is not proper. 		Criminal Law and Procedure Jan. 4, 2010
People v. Thompson
Minute order and abstract of judgment may prevail over oral pronouncements of court when conflicting sentences are indicated in record. 		Criminal Law and Procedure Dec. 31, 2009
U.S. v. Anchrum
Instruction that failed to require jury to find that defendant’s use of vehicle could cause death or serious injury is harmless error. 		Criminal Law and Procedure Dec. 31, 2009
U.S. v. No Runner
Finding collateral order doctrine inapplicable, appeals court lacks review jurisdiction over district court’s non-final determination of defendant’s competency to stand trial. 		Criminal Law and Procedure Dec. 31, 2009
Ford v. Pliler
District court does not affirmatively mislead pro se litigant when it fails to advise on issues related to statute of limitations. 		Criminal Law and Procedure Dec. 31, 2009
People v. Frausto
Sentencing enhancements for discharge of firearm are proper when shootings were part of one continuous transaction that caused bodily injury or death. 		Criminal Law and Procedure Dec. 30, 2009
People v. Murphy
Recently enacted misdemeanor Vehicle Code statutes do not preempt felony conviction of offering false information for filing. 		Criminal Law and Procedure Dec. 30, 2009
People v. Pham
Totality of circumstances, rather than express representations, determine whether defendant is guilty of sexual battery by fraud. 		Criminal Law and Procedure Dec. 30, 2009
People v. Taylor
Same standard is applied for determining competency to stand trial and competency for self-representation in capital case. 		Criminal Law and Procedure Dec. 29, 2009
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