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Name Category Published
People v. Bell
For simple kidnapping conviction, jury must determine whether defendant’s movement of victim was substantial or merely incidental to intended associated crime. 		Criminal Law and Procedure Nov. 22, 2009
In re Ronje
Invalid determination of prisoner as sexually violent predator must be remedied with new evaluations. 		Criminal Law and Procedure Nov. 19, 2009
People v. Rios
Defendant’s statement is admissible when made knowingly and voluntarily after advisement of rights although defendant did not expressly waive those rights. 		Criminal Law and Procedure Nov. 19, 2009
U.S. v. Gutierrez-Sanchez
District court properly calculates Guidelines sentence where defendant's plea statement established commission of additional offense. 		Criminal Law and Procedure Nov. 18, 2009
Langhorne v. Superior Court (People)
Under Sexually Violent Predator Act, untimely petition for recommitment is not subject to dismissal where failure occurred due to good faith mistake. 		Criminal Law and Procedure Nov. 17, 2009
People v. Phu
Restitution for illegal diversion of electricity used in marijuana operation is valid when power diversion was measured from date utility service began. 		Criminal Law and Procedure Nov. 17, 2009
People v. Archer
Patient’s conviction requires factual determination that amount possessed is not reasonably related to medical needs due to unconstitutionality of marijuana act’s possession limit. 		Criminal Law and Procedure Nov. 17, 2009
Wong v. Belmontes
Attorney who decides against presenting more humanizing evidence does not prejudice client where doing so would have opened doors to aggravating evidence. 		Criminal Law and Procedure Nov. 16, 2009
U.S. v. Mahan
Defendant who accepts firearms in exchange for drugs possesses those firearms 'in furtherance' of drug trafficking offense. 		Criminal Law and Procedure Nov. 16, 2009
People v. Pakes
Pursuing police officer is not required to be behind suspect's vehicle for purposes of defendant's conviction for evading police officer. 		Criminal Law and Procedure Nov. 15, 2009
People v. Concha
Under provocative murder doctrine, defendant is only liable for first-degree murder if he personally acted with premeditation before intended victim killed accomplice. 		Criminal Law and Procedure Nov. 12, 2009
Birotte v. Superior Court (People)
Order 		Criminal Law and Procedure Nov. 11, 2009
Kling v. Superior Court (People)
Order 		Criminal Law and Procedure Nov. 11, 2009
U.S. v. Ambriz-Ambriz
Previously deported alien is still legally within U.S. when border patrol apprehended him after his unsuccessful attempt to enter Canada from U.S. 		Criminal Law and Procedure Nov. 10, 2009
People v. Munoz
Enhancement of 25 years to life is not subject to one-third term reduction where trial court imposed indeterminate sentence. 		Criminal Law and Procedure Nov. 10, 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 Nov. 10, 2009
People v. American Surety Insurance Co.
Trial court loses jurisdiction to forfeit bail when case was not called at arraignment and later date was not validly set. 		Criminal Law and Procedure Nov. 10, 2009
Bobby v. Van Hook
Defense counsel’s performance is subject to then-prevailing norms and may not be subject to rigid application of later promulgated restatements. 		Criminal Law and Procedure Nov. 9, 2009
People v. Santiago
Instruction, which advises a verdict if possible but directs independent weighing of case, is not coercive, Allen-type instruction and is therefore permissible. 		Criminal Law and Procedure Nov. 9, 2009
U.S. v. Ruckes
Although trooper’s automobile search was outside scope of valid search-incident-to-arrest, evidence is admissible as inevitable discovery. 		Criminal Law and Procedure Nov. 9, 2009
People v. Hernandez
Gag order, prohibiting counsel from discussing contents of key witness's declaration with defendant, is a denial of effective assistance of counsel. 		Criminal Law and Procedure Nov. 9, 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. 8, 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. 8, 2009
In re Cerny
Parole board's decision to deny parole is supported by evidence that inmate could revert to drug use if released without verifiable plans. 		Criminal Law and Procedure Nov. 5, 2009
People v. Stevens
Stationing of deputy at witness stand while defendant testifies is not inherently prejudicial such that showing of manifest need is not required. 		Criminal Law and Procedure Nov. 5, 2009
U.S. v. Hinkson
Trial court does not abuse discretion by denying new trial where it applied correct legal standards and its findings were plausible. 		Criminal Law and Procedure Nov. 5, 2009
U.S. v. Reyes
Chief executive officer's conviction for backdating is reversed where prosecutor made false assertion of fact in closing argument. 		Criminal Law and Procedure Nov. 5, 2009
U.S. v. Liera
Statements made prior to arraignment and more than six hours after detention are inadmissible where interrogation was sole cause for delay. 		Criminal Law and Procedure Nov. 4, 2009
People v. Gonzalez
Trial court can only impose greatest of multiple enhancements for infliction of great bodily injury. 		Criminal Law and Procedure Nov. 4, 2009
People v. Katzenberger
Prosecutor's use of unfinished Statue of Liberty puzzle to demonstrate reasonable doubt standard constitutes prosecutorial misconduct. 		Criminal Law and Procedure Nov. 3, 2009
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