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Name Category Published
Giles v. California
Theory of forfeiture by wrongdoing is not exception to Sixth Amendment's confrontation requirement. 		Criminal Law and Procedure Jun. 26, 2008
Kennedy v. Louisiana
Capital punishment for child rape is unconstitutional. 		Criminal Law and Procedure Jun. 26, 2008
United States v. Locklin
No conviction for underlying offense is required to be convicted of failure to appear. 		Criminal Law and Procedure Jun. 26, 2008
People v. Superior Court (George)
In order to recommit defendant as sexually violent predator, it is sufficient to prove that public safety requires his confinement or supervised release. 		Criminal Law and Procedure Jun. 25, 2008
Duncan v. Ornoski
Death sentence is set aside where lawyer's failure to present exculpatory serological evidence prejudices defendant with respect to jury's special circumstance finding. 		Criminal Law and Procedure Jun. 25, 2008
Rothgery v. Gillespie County
Criminal defendant's initial appearance before judge marks initiation of adversary proceedings that trigger attachment of Sixth Amendment right to counsel. 		Criminal Law and Procedure Jun. 24, 2008
Greenlaw v. U.S.
Absent government appeal or cross-appeal, appellate court may not order increase in defendant's sentence. 		Criminal Law and Procedure Jun. 24, 2008
U.S. v. Chapman
Although acts of civil disobedience are in opposition to officers, misdemeanor conviction for forcible resistance cannot stand due to lack of underlying assault. 		Criminal Law and Procedure Jun. 24, 2008
In re Rothwell
Sanction imposed on inmate violated his constitutional rights where record shows he never possessed heroin-tainted postcard sent to him. 		Criminal Law and Procedure Jun. 24, 2008
People v. Sons
Defendant's double jeopardy claim need not be reviewed where issue was previously decided in trial court. 		Criminal Law and Procedure Jun. 23, 2008
Barnett v. Superior Court (People)
Penal Code Section 1054.9 addresses only pretrial discovery and is not invalid amendment to criminal discovery statute. 		Criminal Law and Procedure Jun. 23, 2008
People v. Wilkinson
Officers' search for sexual content in images not previously viewed by private citizen constitutes warrantless government search triggering Fourth Amendment. 		Criminal Law and Procedure Jun. 20, 2008
Alcala v. Superior Court (People)
Murders are deemed connected in their commission pursuant to Penal Code Section 790(b) where victims in different counties had similar traits. 		Criminal Law and Procedure Jun. 20, 2008
Indiana v. Edwards
States can require representation by counsel for those who are competent to stand trial but incapable of self-representation due to mental illness. 		Criminal Law and Procedure Jun. 20, 2008
U.S. v. Gonzalez
Where Border Patrol agent steals marijuana from stopped vehicle, he is deemed in possession of firearm 'in furtherance' of drug trafficking offense. 		Criminal Law and Procedure Jun. 20, 2008
People v. Harris
Defendant is guilty of first degree murder where daughter's preparation of donut order gives him time to deliberate and premeditate mother's stabbing. 		Criminal Law and Procedure Jun. 20, 2008
U.S. v. Caruto
Prosecutor's closing argument noting omissions from defendant's post-arrest statement violates due process where 'Miranda' rights had been invoked. 		Criminal Law and Procedure Jun. 19, 2008
In re White
Where statute of limitations period is extended before expiration of original statute, defendant's prosecution is deemed to have never been time barred. 		Criminal Law and Procedure Jun. 19, 2008
People v. Tidwell
Evidence Code Section 782 does not apply where defendant seeks to impeach victim with allegedly false complaints of rape, not sexual conduct. 		Criminal Law and Procedure Jun. 18, 2008
People v. Torres
Court errs in imposing more severe sentence on recall to correct illegal portion of defendant’s original sentence. 		Criminal Law and Procedure Jun. 18, 2008
People v. Rish
Defendant forfeits claim of error where he did not raise issue of his suitability for outpatient treatment at recommitment hearing. 		Criminal Law and Procedure Jun. 17, 2008
People v. Nelson
DNA testing provides strong new evidence of guilt that justifies prejudice from delay in charging defendant with 1976 crime. 		Criminal Law and Procedure Jun. 17, 2008
U.S. v. Marks
Defendant is not prejudiced even though he was not present when court entered restitution order past 90-day statutory period. 		Criminal Law and Procedure Jun. 16, 2008
Belmontes v. Ayers
Death sentence is set aside where counsel's deficient performance during penalty phase of trial prejudices defendant. 		Criminal Law and Procedure Jun. 16, 2008
People v. Zamudio
Evidence is not unlawfully obtained where totality of circumstances indicates defendant's consent to examination of shoes and clothing was voluntary. 		Criminal Law and Procedure Jun. 13, 2008
People v. Zamudio
Evidence is not unlawfully obtained where totality of circumstances indicates defendant's consent to examination of shoes and clothing was voluntary. 		Criminal Law and Procedure Jun. 13, 2008
U.S. v. Becerril-Lopez
In illegal re-entry case, 16-level sentence enhancement is applied to defendant whose prior robbery conviction qualifies as 'crime of violence.' 		Criminal Law and Procedure Jun. 13, 2008
Alcala v. Superior Court (People)
Murders are deemed connected in their commission pursuant to Penal Code Section 790(b) where victims in different counties had similar traits. 		Criminal Law and Procedure Jun. 13, 2008
Munaf v. Geren
Habeas statute extends to American citizens held overseas by American forces operating under American chain of command. 		Criminal Law and Procedure Jun. 13, 2008
Irizarry v. U.S.
Federal Rule of Criminal Procedure 32(h) does not apply where sentence is variance from recommended Sentencing Guidelines range and not Guidelines departure. 		Criminal Law and Procedure Jun. 13, 2008
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