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Name Category Published
Vermont v. Brillon
When assessing defendant's right to speedy trial, delays by appointed counsel acting on behalf of client is charged to defendant. 		Criminal Law and Procedure Mar. 10, 2009
U.S. v. Franco-Flores
State court drug possession conviction is properly used to increase defendant's criminal history points. 		Criminal Law and Procedure Mar. 10, 2009
People v. Hamlin
Torture may be demonstrated by continuing course of conduct in series of acts. 		Criminal Law and Procedure Mar. 10, 2009
In re Reed
Minor prison rule violation sufficient to deny parole where prisoner's conduct indicates current inability to follow reasonable conditions of parole. 		Criminal Law and Procedure Mar. 9, 2009
In re Palermo
Evidence does not support finding of current dangerousness to public safety where prisoner maintained that he accidentally shot victim. 		Criminal Law and Procedure Mar. 9, 2009
People v. Mendoza
Jail term required by probation cannot be reduced without 'change in circumstance.' 		Criminal Law and Procedure Mar. 9, 2009
People v. Vang
Trial court's refusal to modify CALCRIM No. 226 is proper where modification would have allowed rejection of testimony based on inaccuracy. 		Criminal Law and Procedure Mar. 9, 2009
In re Ross
Habeas corpus petition is granted where Governor's written decision to deny parole failed to articulate nexus between facts and current dangerousness. 		Criminal Law and Procedure Mar. 9, 2009
People v. Fuentes
Jury instruction that motive not required element of proof does not conflict with instruction for furtherance of criminal street gang activity. 		Criminal Law and Procedure Mar. 9, 2009
People v. Babaali
Trial court lacks jurisdiction to convict defendant where sexual battery is not lesser included offense of sexual battery by fraudulent representation. 		Criminal Law and Procedure Mar. 5, 2009
In re Rico
Decision to deny parole is not supported by evidence where finding is based solely on gravity of commitment offense. 		Criminal Law and Procedure Mar. 5, 2009
People v. Em
Although defendant was 15 years old at time of crime's commission, two consecutive life sentences is not cruel or unusual punishment. 		Criminal Law and Procedure Mar. 5, 2009
United States v. Hahn
Adequate notice of departure where parties submitted briefs and argued before court regarding appropriateness of concurrent and consecutive sentences. 		Criminal Law and Procedure Mar. 5, 2009
People v. Romero-Arellano
Use of 'the People' in jury instructions is not violation of due process. 		Criminal Law and Procedure Mar. 5, 2009
Carver v. Lehman
Washington state law does not create protected liberty interest in inmate's early release into community custody under Due Process Clause. 		Criminal Law and Procedure Mar. 4, 2009
U.S. v. Strickland
Admissions in state sex offender registration forms properly used to determine if out-of-state conviction is predicate for federal sentencing enhancement. 		Criminal Law and Procedure Mar. 3, 2009
In re Rico
Decision to deny parole is not supported by evidence where finding is based solely on gravity of commitment offense. 		Criminal Law and Procedure Mar. 2, 2009
DeWeaver v. Runnels
Defendant's request to return to jail during police interrogation was not invocation of right to remain silent. 		Criminal Law and Procedure Feb. 27, 2009
U.S. v. Banks
Trial court errs in triggering exception to marital communications privilege where minor victim was testifying spouse's grandchild. 		Criminal Law and Procedure Feb. 27, 2009
U.S. v. Nickerson
Counsel's admitted violation of professional conduct rule does not render her performance 'per se' ineffective. 		Criminal Law and Procedure Feb. 27, 2009
People v. Medina
Defendant's commitment under Sexually Violent Predator Act valid despite 'underground regulations.' 		Criminal Law and Procedure Feb. 27, 2009
U.S. v. James, Jr.
Additional charges may be brought against juvenile already transferred to adult status without conducting another juvenile transfer hearing. 		Criminal Law and Procedure Feb. 27, 2009
People v. Ramirez
Grossly negligent discharge of firearm constitutes necessary included offense of shooting at inhabited dwelling. 		Criminal Law and Procedure Feb. 27, 2009
People v. Richardson
Trial court does not err by failing to conduct hearing pursuant to 'People v. Marsden' in response to letters requesting new trial. 		Criminal Law and Procedure Feb. 26, 2009
People v. Hayes
Erroneous instruction permitting jurors to convict defendant without finding he possessed 'sharp' instrument requires reversal. 		Criminal Law and Procedure Feb. 26, 2009
U.S. v. Esparza-Herrera
Aggravated assault conviction under Arizona law not deemed 'crime of violence' under United States Sentencing Guidelines. 		Criminal Law and Procedure Feb. 26, 2009
Waldron-Ramsey v. Pacholke
Defendant who files habeas petition 340 days late is not entitled to equitable tolling. 		Criminal Law and Procedure Feb. 26, 2009
Briceno v. Scribner
Mere fact that defendant committed robbery with fellow gang member was insufficient to support gang enhancement. 		Criminal Law and Procedure Feb. 25, 2009
U.S. v. Hayes
Prohibition of firearm possession by persons convicted of domestic violence does not require domestic relationship as element of predicate offense. 		Criminal Law and Procedure Feb. 25, 2009
People v. Hopkins
Penal Code Section 1237 does not allow appeal of order denying motion for return of seized medical marijuana. 		Criminal Law and Procedure Feb. 24, 2009
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