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Name Category Published
U.S. v. Contreras
Application of sentence enhancement for abuse of position of trust requires defendant to have professional or managerial discretion. 		Criminal Law and Procedure Sep. 18, 2009
Garcia v. Superior Court (People)
Trial court may not reopen preliminary hearing to establish crime’s commission where revised testimony, which showed illegality of conduct, was not minor. 		Criminal Law and Procedure Sep. 18, 2009
U.S. v. Montalvo
Sentence is not corrected under former Federal Rule of Criminal Procedure 35(a) where defendant attacked alleged illegalities in sentencing process. 		Criminal Law and Procedure Sep. 17, 2009
People v. Goodliffe
Imposition of separate term on defendant convicted of committing lewd act upon child is improper where crimes did not involve same victim. 		Criminal Law and Procedure Sep. 16, 2009
U.S. v. Chaney
District court properly declines to consider sentence that would have been imposed if reduced range for crack offenses had applied at sentencing. 		Criminal Law and Procedure Sep. 16, 2009
Zepeda v. Walker
Under Antiterrorism and Effective Death Penalty Act, statute of limitations period does not toll until state petition is 'properly filed.' 		Criminal Law and Procedure Sep. 14, 2009
U.S. v. Johnson
Government's decision not to move for additional sentence reduction is rationally based on anticipated expense of defending appeal. 		Criminal Law and Procedure Sep. 14, 2009
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 Sep. 14, 2009
U.S. v. Charles
Defendant's convictions for possessing controlled substance for sale can be used as career offender enhancements for sentencing purposes. 		Criminal Law and Procedure Sep. 11, 2009
People v. Gutierrez
Admission of narrative portion of sexual assault examination report violates defendant's right to confrontation but is not prejudicial error. 		Criminal Law and Procedure Sep. 11, 2009
People v. Quiles
Juvenile adjudications for burglary and second degree robbery properly used to impose upper term where crimes were of increasing seriousness. 		Criminal Law and Procedure Sep. 11, 2009
Smith v. Lockyer
Trial court improperly attempts to coerce verdict where judge instructed jury to examine specific inconsistencies in statements. 		Criminal Law and Procedure Sep. 10, 2009
Birotte v. Superior Court (People)
One-year limitations period for filing complaint after DNA has conclusively established identity of suspect requires more than positive identification of suspect. 		Criminal Law and Procedure Sep. 10, 2009
People v. Mcintosh
Defendant not entitled to withdraw plea after retired judge becomes unavailable. 		Criminal Law and Procedure Sep. 10, 2009
U.S. v. Bride
District court may not reduce sentence imposed pursuant to plea agreement where sentence was not based on subsequently lowered sentencing range. 		Criminal Law and Procedure Sep. 9, 2009
U.S. v. $6,190.00 in U.S. Currency
Federal court may strike fugitive’s claim to assets in forfeiture proceeding where he failed to appear in state criminal proceeding. 		Criminal Law and Procedure Sep. 9, 2009
People v. Cardona
Juvenile unfitness is properly determined by judge, rather than jury. 		Criminal Law and Procedure Sep. 9, 2009
People v. Morgain
Prosecutor may draw negative inferences from material witness' refusal to testify where she was granted immunity. 		Criminal Law and Procedure Sep. 9, 2009
People v. Lawrence
CALCRIM jury instructions properly conveyed standard of assessing witness credibility in attempted murder case. 		Criminal Law and Procedure Sep. 9, 2009
Friedman v. Boucher
Government employees not entitled to qualified immunity where forcible warrantless taking of DNA sample violated clearly established Fourth Amendment rights. 		Criminal Law and Procedure Sep. 9, 2009
Doe v. Brown
Defendant remains subject to sex offender registration and public disclosure of information where conviction was dismissed for successful completion of probation. 		Criminal Law and Procedure Sep. 4, 2009
U.S. v. Knight
District court must reduce maximum term of supervised release by aggregate length of all terms of imprisonment imposed upon revocation. 		Criminal Law and Procedure Sep. 3, 2009
People v. Burton
Trial court retains jurisdiction to revoke probation after expiration of probation term despite tolling based on unproven probation violation. 		Criminal Law and Procedure Sep. 2, 2009
People v. Lopez
Blood alcohol laboratory report constitutes inadmissible hearsay evidence where defendant could cross-examine creator of report who was available to testify. 		Criminal Law and Procedure Sep. 2, 2009
U.S. v. Inzunza
District judge properly relies on co-conspirator statements and party opponent admissions to convict former city councilman of extortion. 		Criminal Law and Procedure Sep. 2, 2009
People v. Villalobos
Restitution fine imposed at sentencing does not violate plea bargain where parties left issue of fines to trial court's discretion. 		Criminal Law and Procedure Sep. 1, 2009
People v. Shaw
Jury instruction for annoying and molesting minor correctly tailors unnatural sexual interest to victim of crime. 		Criminal Law and Procedure Sep. 1, 2009
People v. Brookfield
Sentence enhancement for companion’s firearm use is improper where court also imposed life term for participation in street gang. 		Criminal Law and Procedure Sep. 1, 2009
People v. Jones
Defendant who shoots into inhabited dwelling to benefit criminal street gang subject to life term and enhancement for personally discharging firearm. 		Criminal Law and Procedure Sep. 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 Sep. 1, 2009
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