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Name Category Published
Cone v. Bell
Defendant properly preserves 'Brady' claim in state court where federal court erred by barring claim as twice presented to state court. 		Criminal Law and Procedure Apr. 28, 2009
People v. Bonnetta
Statutory requirement for trial court to explain reasons for dismissing enhancements in order entered upon minutes is mandatory. 		Criminal Law and Procedure Apr. 27, 2009
U.S. v. Easterday
Conviction for willful failure to pay employee payroll taxes to IRS stands regardless of defendant's inability to pay. 		Criminal Law and Procedure Apr. 27, 2009
Lopez v. Superior Court (The People of the State of California)
Mentally disordered offender may not request hearing on original certification where he raised challenge during recommitment stage. 		Criminal Law and Procedure Apr. 26, 2009
U.S. v. Crowe
Jury instruction on involuntary manslaughter as lesser included offense is proper where defendant claimed killing was intentional act of self-defense. 		Criminal Law and Procedure Apr. 26, 2009
People v. Coon
Faxed copies of court documents properly admitted per secondary evidence rule where no genuine dispute existed as to authenticity. 		Criminal Law and Procedure Apr. 26, 2009
People v. Waldie
Harmless error where prosecutor allowed to comment on defendant's failure to return numerous calls by police prior to arrest. 		Criminal Law and Procedure Apr. 26, 2009
In re Dannenberg
Governor's denial of parole not justified by heinous nature of commitment offense where no evidence showed that parolee was currently dangerous. 		Criminal Law and Procedure Apr. 23, 2009
U.S. v. Mendez-Sanchez
Defendant fails to unequivocally invoke his right to self-representation after numerous counsel substitutions. 		Criminal Law and Procedure Apr. 23, 2009
U.S. v. Mejia-Luna
Admission of expert testimony about alien smuggling ring operations and characteristics proper. 		Criminal Law and Procedure Apr. 23, 2009
People v. Stone
Attempted murder may be found where defendant shoots at group of people with intent to kill a person and not specific victim. 		Criminal Law and Procedure Apr. 23, 2009
People v. Hawthorne
Death sentence is upheld where defendant challenged admission of 911 tape containing victim's screams. 		Criminal Law and Procedure Apr. 23, 2009
County of Los Angeles v. Fairmont Specialty Group
Bond forfeiture vacated where defendant is arrested within Section 1305(c)(2)'s 180 day period for different offense. 		Criminal Law and Procedure Apr. 22, 2009
People v. Bermudez
Section 851.8 petition for seal and destruction of arrest record barred by two-year limitations period. 		Criminal Law and Procedure Apr. 21, 2009
Arizona v. Gant
Where defendant is arrested for driving with suspended license and already secured in police car, vehicle search incident to arrest not valid. 		Criminal Law and Procedure Apr. 21, 2009
Townsend v. Knowles
Equitable tolling is justified where federal habeas petition would have been untimely due to intervening change in law. 		Criminal Law and Procedure Apr. 21, 2009
People v. Felix
Shooter had requisite mental state for attempted premeditated murder when he shot into an inhabited dwelling after making death threats. 		Criminal Law and Procedure Apr. 20, 2009
People v. Samaniego
Jury instruction on aiding and abetting in context of premeditated first degree murder deemed harmless error. 		Criminal Law and Procedure Apr. 20, 2009
U.S. v. Brown
Where co-occupant voluntarily consents to warrantless search, later inquiry of legitimately arrested co-occupant isolated in police car not required. 		Criminal Law and Procedure Apr. 20, 2009
People v. Branner
Evidence found during vehicle search after custodial arrest arising from valid traffic violation may not be suppressed on Fourth Amendment grounds. 		Criminal Law and Procedure Apr. 20, 2009
McKnight v. Torres
'Direct use immunity' agreement not violated by disclosure of investigation report to French authorities where express terms were clear and unambiguous. 		Criminal Law and Procedure Apr. 20, 2009
In re Criscione
Determination of unsuitability for parole is improper where Board of Parole Hearings failed to articulate nexus between factual findings and final decision. 		Criminal Law and Procedure Apr. 19, 2009
People v. Lewis
For purposes of government information privilege, surveillance location is not material where officer's testimony was sufficiently corroborated by independent evidence. 		Criminal Law and Procedure Apr. 15, 2009
U.S. v. Felix
Court's reliance on computer printout in calculating criminal history points is proper. 		Criminal Law and Procedure Apr. 14, 2009
U.S. v. Lazarenko
Convictions of Ukrainian official for charges related to extortion are upheld where indictment was sufficient. 		Criminal Law and Procedure Apr. 13, 2009
People v. O'Shell
Court committed harmless error by excluding testimony that another felony conviction would be defendant's third strike, subjecting him to life sentence. 		Criminal Law and Procedure Apr. 10, 2009
People v. Pearl
Prosecution fails to meet burden of establishing that defendant was on parole when police conducted warrantless searches. 		Criminal Law and Procedure Apr. 10, 2009
People v. Story
Trial court did not commit error by admitting evidence of prior sexual assaults in relation to felony murder with rape charge. 		Criminal Law and Procedure Apr. 10, 2009
People v. Dyke
Conviction reversed for insufficient evidence that minor was exposed to television scenes constituting 'harmful matter' per Penal Code Section 288.2(a). 		Criminal Law and Procedure Apr. 10, 2009
People v. Smith
Constitutional standards met where search of parolee's underwear was conducted in area with little public exposure. 		Criminal Law and Procedure Apr. 10, 2009
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