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Name Category Published
Smith v. Superior Court (People)
Co-defendant’s request to continue is not attributable to defendant such that trial may not be continued beyond 60-day limit. 		Criminal Law and Procedure Oct. 15, 2009
People v. Henning
Although harmless error, attorney’s denial of defendant’s baseless not guilty by reason of insanity plea is cause for substitution of counsel. 		Criminal Law and Procedure Oct. 15, 2009
People v. McWhorter
Defendant's statements made prior to officers' promise of benefit are properly admitted where confession was voluntary. 		Criminal Law and Procedure Oct. 15, 2009
People v. Vazquez
Jury may infer that defendant intended to promote criminal conduct by gang members where defendant committed murder in association with other gang members. 		Criminal Law and Procedure Oct. 14, 2009
People v. Coyle
Improper conviction of three counts of murder based on single criminal act is consolidated into one count of murder with special findings. 		Criminal Law and Procedure Oct. 13, 2009
People v. Bleich
Dismissal of charges based on finding of reasonable doubt is insufficient grounds for finding of factual innocence. 		Criminal Law and Procedure Oct. 13, 2009
U.S. v. Harrison
Defendant fails to show prejudice resulting from prosecutor's improper questioning during cross-examination and vouching during closing argument. 		Criminal Law and Procedure Oct. 13, 2009
People v. Cavallaro
Mandatory sex offender registration for committing lewd and lascivious acts on child who is ten years younger than adult does not violate equal protection. 		Criminal Law and Procedure Oct. 8, 2009
People v. Galan
Proposed factual scenario must be consistent with defendant's own statements to show good cause for granting of ‘Pitchess’ motion. 		Criminal Law and Procedure Oct. 7, 2009
Jones v. Ryan
Capital defense attorney's reliance on court-appointed psychiatrist's limited evaluation and neglect of additional mitigating psychiatric evidence constitutes ineffective assistance. 		Criminal Law and Procedure Oct. 6, 2009
Libberton v. Ryan
Counsel's failure to present mitigating evidence during penalty phase prejudices defendant although evidence did not directly undermine aggravating evidence. 		Criminal Law and Procedure Oct. 6, 2009
U.S. v. Estrada-Eliverio
Under Federal Rule of Civil Procedure 44, official records proving prior deportation may be authenticated according to Federal Rules of Evidence. 		Criminal Law and Procedure Oct. 6, 2009
People v. Gordon
Acquitted defendant may not also be convicted of firearm possession in connection with murder if sole issue in murder case was identity. 		Criminal Law and Procedure Oct. 5, 2009
People v. Thompson
Mandatory registration for sodomy conviction violates equal protection where disparate treatment of sodomy and intercourse is not rationally based. 		Criminal Law and Procedure Oct. 1, 2009
People v. Smith
One who takes by fear or force from possessor who is not property’s owner still commits robbery despite owner’s consent. 		Criminal Law and Procedure Oct. 1, 2009
People v. Tran
Street terrorism conviction based on murder or attempted murder improper where defendant intended to benefit his gang in both acts. 		Criminal Law and Procedure Oct. 1, 2009
People v. Strider
Evidence from search based on reasonable suspicion of firearm in public place must be suppressed if location is not considered public place. 		Criminal Law and Procedure Sep. 30, 2009
People v. Contreras
Speedy trial right is not violated where defendant caused delay by using pseudonyms and admitted to violating his probation. 		Criminal Law and Procedure Sep. 25, 2009
U.S. v. Samueli
Collateral-order doctrine does not allow interlocutory appeal of order rejecting plea agreement prior to termination of litigation. 		Criminal Law and Procedure Sep. 25, 2009
U.S. v. Sipai
Retroactive lowering of applicable sentencing guidelines range does not apply to felon whose sentence was lowered by court discretion. 		Criminal Law and Procedure Sep. 25, 2009
People v. Benhoor
After trial by written declaration, court's violation for setting new trial beyond 45 days after filing does not require dismissal of action. 		Criminal Law and Procedure Sep. 25, 2009
People v. Hernandez
Release of defendant without signed agreement is not release on own recognizance such that enhancement for failure to appear does not apply. 		Criminal Law and Procedure Sep. 24, 2009
U.S. v. Watson
Condition on supervised release that barred defendant from entering city without probation officer's prior approval is not unlawful. 		Criminal Law and Procedure Sep. 24, 2009
U.S. v. Bragg
Trial court commits procedural error and must reform judgment by providing unsatisfactory explanation of its sentence. 		Criminal Law and Procedure Sep. 24, 2009
People v. Moore
Burglary victim's loss of wages due to voluntary trial attendance is properly included in restitution order. 		Criminal Law and Procedure Sep. 24, 2009
Lee v. Superior Court (People)
Subpoenas are ineffective due to failure to sufficiently state materiality of requested documents in relation to Sexually Violent Predator Act proceedings. 		Criminal Law and Procedure Sep. 23, 2009
U.S. v. Lemus
Warrantless search of living room is proper where search incident to arrest occurred while defendant was partially within home. 		Criminal Law and Procedure Sep. 23, 2009
U.S. v. Grajeda
Prior conviction for assault with deadly weapon or by means likely to produce great bodily injury constitutes crime of violence. 		Criminal Law and Procedure Sep. 22, 2009
Chioino v. Kernan
District court errs in reducing petitioner's sentence to middle term instead of remanding to state trial court for resentencing. 		Criminal Law and Procedure Sep. 22, 2009
Hamilton v. Ayers
Counsel is ineffective at penalty phase for failing to investigate available mitigating evidence regarding defendant's horrific childhood and mental issues. 		Criminal Law and Procedure Sep. 21, 2009
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