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Name Category Published
People v. Farley
Denial of change of venue motion is proper where defendant could not show reasonable likelihood of unfair trial. 		Criminal Law and Procedure Jul. 7, 2009
People v. Rogers
Death sentence imposed on second degree murder count is improper where sentence only applied to two first degree murders. 		Criminal Law and Procedure Jul. 7, 2009
U.S. v. Old Chief
Sentencing enhancement for physical restraint of victim in stabbing offense is proper. 		Criminal Law and Procedure Jul. 7, 2009
People v. Johndrow
Defendant declared sexually violent predator has sufficient access to judicial review of commitment to satisfy due process requirements. 		Criminal Law and Procedure Jul. 3, 2009
People v. Nguyen
Juvenile adjudication can be used to enhance adult sentence despite lack of right to jury trial in juvenile proceedings. 		Criminal Law and Procedure Jul. 3, 2009
People v. Bamberg
Conviction for preparing false evidence stands where defendant intended to defraud court into believing that photographs depicted a different location. 		Criminal Law and Procedure Jul. 2, 2009
Bible v. Ryan
Defendant's ineffective assistance of counsel claim denied where counsel's failure to pursue mitigating evidence of brain damage did not show actual prejudice. 		Criminal Law and Procedure Jul. 2, 2009
Vigilant Insurance Co. v. Chiu
Restitution order does not preclude victim's assignee from pursuing separate civil action based on criminal conviction. 		Criminal Law and Procedure Jul. 1, 2009
People v. Ebaniz
Testimony of defendant convicted of same murder deemed 'newly discovered evidence' warranting reversal of judgment and new trial. 		Criminal Law and Procedure Jul. 1, 2009
People v. Taylor
Under Sexually Violent Predator Act, retroactive application of indeterminate term of commitment to individuals whose initial commitment predated amendments is constitutional. 		Criminal Law and Procedure Jul. 1, 2009
U.S. v. Showalter
Motion to withdraw guilty plea based on newly discovered evidence is properly denied where defendant knew about witnesses at time of plea. 		Criminal Law and Procedure Jun. 30, 2009
People v. Ulloa
Prior conviction of gang-related alternate penalty provision is not 'serious felony' where no evidence showed that defendant was charged with felony. 		Criminal Law and Procedure Jun. 30, 2009
People v. Aldana
Conviction for knowingly keeping false accounts reversed where defendant was not county officer in control of public moneys. 		Criminal Law and Procedure Jun. 30, 2009
In re Martinez
Habeas petition premised on lack of consular notification, previously rejected on merits, is barred as successive. 		Criminal Law and Procedure Jun. 30, 2009
People v. Hajjaj
Remoteness of available courtroom is 'good cause' for continuance of trial beyond statutory time limit. 		Criminal Law and Procedure Jun. 30, 2009
Phelps v. Alameida
Intervening change in law allows for reconsideration of petition seeking relief from judgment under federal rules. 		Criminal Law and Procedure Jun. 29, 2009
People v. Cervantes
Probation improperly revoked after defendant, an undocumented alien, fails to show at review hearing because he was in federal custody. 		Criminal Law and Procedure Jun. 29, 2009
In re Jenkins
Work and school performance points available only to inmates participating in qualifying programs. 		Criminal Law and Procedure Jun. 29, 2009
People v. Sweeney
Trial court violates due process by determining whether charges against mentally retarded defendant involved great injury or serious threat of harm. 		Criminal Law and Procedure Jun. 26, 2009
Melendez-Diaz v. Massachusetts
Admission of analysis certificates proving substance seized was cocaine and showing amount recovered is violation of defendant's right to confrontation. 		Criminal Law and Procedure Jun. 26, 2009
People v. Dieck
Award of conduct credit requires sentence, not actual confinement, of six days or more. 		Criminal Law and Procedure Jun. 26, 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 Jun. 25, 2009
U.S. v. Tran
Conspiracy conviction reversed where mere presence in vehicle containing drugs is sole evidence of defendant's involvement. 		Criminal Law and Procedure Jun. 25, 2009
U.S. v. Paulk
Sentence controlled by statutory mandatory minimum is ineligible for reduction after amendment of Sentencing Guidelines. 		Criminal Law and Procedure Jun. 25, 2009
People v. Govea
Delay in <EM>Marsden</EM> hearing insufficent to show prejudice requiring reversal. 		Criminal Law and Procedure Jun. 24, 2009
People v. Millard
Restitution for economic loss may be reduced to reflect victim's comparative negligence. 		Criminal Law and Procedure Jun. 24, 2009
U.S. v. Sanchez
District court's refusal to consider post-sentence factors on limited <EM>Ameline</EM> remand is proper. 		Criminal Law and Procedure Jun. 24, 2009
Kessee v. Mendoza-Powers
Habeas relief denied where state court's finding that crime committed while on probation amounted to 'prior conviction' is reasonable. 		Criminal Law and Procedure Jun. 24, 2009
U.S. v. Mitchell
Insufficient evidence of bias found where juror in drug case had uncle killed by drug dealer 10 years ago. 		Criminal Law and Procedure Jun. 24, 2009
U.S. v. Medina-Villa
Sexual offense against child under 14 remains 'crime of violence' warranting sixteen-level increase even though statutory rape convictions now exempt. 		Criminal Law and Procedure Jun. 24, 2009
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