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Name Category Published
In re Gomez
Inmate convicted of multiple felonies, whose violent felony sentence was stayed, is not subject to Penal Code Section 2933.1 credit limit. 		Criminal Law and Procedure Dec. 3, 2009
People v. Zielesch
Defendant’s conviction stands despite courtroom spectators having worn commemorative buttons during trial where co-conspirator’s unplanned murder of patrol officer was foreseeable. 		Criminal Law and Procedure Dec. 3, 2009
U.S. v. Thompson
Trial court satisfies heightened standard for assessment of competence for self-representation by conducting comprehensive evidentiary hearing to determine pro se defendant's competence. 		Criminal Law and Procedure Dec. 3, 2009
U.S. v. Kuo
Under 18 U.S.C. Section 241, restitution for victims of forced prostitution is not measured by amount defendants received for their sex acts. 		Criminal Law and Procedure Dec. 3, 2009
Bradway v. Cate
Special circumstance of lying in wait is not vague where circumstance required specific intent to kill and first degree murder statute did not. 		Criminal Law and Procedure Dec. 3, 2009
People v. Cohens
Sex offender’s liability for willful failure to register requires proof of his actual knowledge that he was required to register particular residence. 		Criminal Law and Procedure Dec. 2, 2009
In re Gray
Absent valid local rule of court holding otherwise, notice of appeal in criminal case may be filed with courtroom clerk. 		Criminal Law and Procedure Dec. 2, 2009
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 Dec. 2, 2009
U.S. v. Roblero-Solis
Court's failure to individually determine that each defendant’s plea is voluntary during en masse plea hearing violates Federal Rules of Criminal Procedure. 		Criminal Law and Procedure Dec. 2, 2009
Sainez v. Venables
Statute of limitations does not bar extradition where Mexican arrest warrant was equivalent of U.S. indictment and tolled U.S. statute of limitations. 		Criminal Law and Procedure Dec. 2, 2009
People v. Reyes
Suppression motion fails where defendant does not have reasonable expectation of privacy in exterior of mail in area accessible to others. 		Criminal Law and Procedure Dec. 1, 2009
U.S. v. Truong
Stolen gift cards are ‘access devices’ for sentencing purposes because they access accounts that make provision of goods, money, or services possible. 		Criminal Law and Procedure Dec. 1, 2009
Porter v. McCollum
Counsel's failure to present mitigating evidence regarding veteran defendant’s military service and childhood abuse constitutes prejudicial error. 		Criminal Law and Procedure Nov. 30, 2009
U.S. v. Berger
Although correctly rejecting application of civil loss calculation for securities fraud, trial court errs by not estimating actual harm caused by defendant. 		Criminal Law and Procedure Nov. 30, 2009
People v. Zarazua
Defendant’s constructively filed appeals motion is valid although 15-day waiting period was violated because government failed to show lack of merit 		Criminal Law and Procedure Nov. 30, 2009
People v. Dotson
Mere presence of unobserved temporary registration sticker does not defeat reasonable suspicion requirement for making investigatory stops. 		Criminal Law and Procedure Nov. 30, 2009
People v. Lyons
Incarcerated appellant is only entitled to hearing of untimely appeal if he diligently attempted to timely file and prison officials caused delay. 		Criminal Law and Procedure Nov. 29, 2009
People v. Smith
Hearsay evidence that is probative of disputed element of fraudulent intent is admissible for non-hearsay purpose of proving that intent. 		Criminal Law and Procedure Nov. 29, 2009
People v. Scott
Trial court must consider closeness of two strikes where prior convictions for robbery and carjacking arose out of same facts. 		Criminal Law and Procedure Nov. 26, 2009
People v. Zielesch
Defendant’s conviction stands despite courtroom spectators having worn commemorative buttons during trial where co-conspirator’s unplanned murder of patrol officer was foreseeable. 		Criminal Law and Procedure Nov. 26, 2009
U.S. v. Mohsen
Contempt of court conviction is upheld where legally attained evidence showed that defendant applied for passport to flee country. 		Criminal Law and Procedure Nov. 26, 2009
People v. Freitas
Probation conditions are unconstitutional when they prohibited defendant’s possession of weapons or stolen goods without requiring knowledge. 		Criminal Law and Procedure Nov. 24, 2009
People v. Tuggles
Trial court may deny motion for jury contact information while maintaining discretion to subpoena jury for misconduct inquiries. 		Criminal Law and Procedure Nov. 24, 2009
U.S. v. Tupuola
Defendant's sentence based solely on career offender guidelines is not eligible for modification due to retroactive amendment of crack cocaine guidelines. 		Criminal Law and Procedure Nov. 24, 2009
People v. Reynolds
Counsel who concedes that client’s petition is frivolous does not provide ineffective assistance because dismissal is obviously inescapable. 		Criminal Law and Procedure Nov. 23, 2009
People v. Ochoa
Gang expert opinion is insufficient to show crime was committed for benefit of gang and to secure true finding of gang enhancement. 		Criminal Law and Procedure Nov. 23, 2009
People v. Johnson
Defendant must obtain certificate of probable cause before appealing conviction based on ineffective assistance regarding request to withdraw no contest plea. 		Criminal Law and Procedure Nov. 23, 2009
People v. Sanchez
Where defendant's gang participation conviction is predicated on his direct commission of robbery, Penal Code Section 654 bars his punishment for both. 		Criminal Law and Procedure Nov. 23, 2009
People v. Zielesch
Defendant’s conviction stands despite courtroom spectators having worn commemorative buttons during trial where co-conspirator’s unplanned murder of patrol officer was foreseeable. 		Criminal Law and Procedure Nov. 23, 2009
Gardner v. Schwarzenegger
Bill allowing incarceration of drug offenders is invalid where proposition passed by voters prohibits incarceration for those offenses. 		Criminal Law and Procedure Nov. 23, 2009
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