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Name Category Published
People v. Rolon
Parents have duty to take reasonable steps to shield children from attack, and may be held criminally liable for failing to protect. 		Criminal Law and Procedure Mar. 12, 2008
U.S. v. Crampton
Possession of sawed-off shotgun and three prior drug convictions are predicate offenses of 'sufficient seriousness' to impose harsher penalties under ACCA. 		Criminal Law and Procedure Mar. 11, 2008
U.S. v. Rodriguez
Incriminating statements are inadmissible where suspect's ambiguous assertion of 'Miranda' rights imposes duty on officers to clarify statement before further questioning. 		Criminal Law and Procedure Mar. 11, 2008
People v. McGowan
CALCRIM No. 362 is proper jury instruction where evidence which may be considered by jury is not enough to prove guilt. 		Criminal Law and Procedure Mar. 11, 2008
People v. Chavez
Defendant acquitted as to certain crimes by reason of insanity must first be committed to state hospital before prison. 		Criminal Law and Procedure Mar. 6, 2008
People v. Stone
Defendant's conviction on attempted murder count must be reversed where court incorrectly instructed jury on 'kill zone' instruction of attempted murder. 		Criminal Law and Procedure Mar. 6, 2008
People v. Duncan
Driving with upside down license plate is Vehicle Code violation justifying stop, investigation, and subsequent search of vehicle. 		Criminal Law and Procedure Mar. 6, 2008
U.S. v Higuera-Guerrero
Public's First Amendment right to access defendant's plea agreement can be overcome by showing compelling interest. 		Criminal Law and Procedure Mar. 5, 2008
U.S. v. Alghazouli
Violation of regulation promulgated under Clean Air Act is specified crime constituting violation of 'law' for purposes of 18 U.S.C. Section 545. 		Criminal Law and Procedure Mar. 5, 2008
People v. Short
Restitution order in DUI case must be offset by money victim received from employer's insurer to settle personal injury action. 		Criminal Law and Procedure Mar. 5, 2008
People v. Felix
Consolidation of offenses is proper when evidence of each offense is cross-admissible to show defendant's intent to commit murders. 		Criminal Law and Procedure Mar. 5, 2008
U.S. v. Cannel
Government was not under duty to reduce sentencing offense level where facts did not show defendant accepted responsibility for his actions. 		Criminal Law and Procedure Mar. 4, 2008
U.S. v. Mendoza
Defendant's Sixth Amendment rights were violated where government failed to pursue defendant with diligence, causing 10-year delay between his indictment and trial. 		Criminal Law and Procedure Mar. 4, 2008
Lopez v. Superior Court (People)
Gang enhancement cannot be bootstrapped to contempt charge as means of elevating offense where both are based on same gang-related conduct. 		Criminal Law and Procedure Mar. 4, 2008
People v. Whaley
Amendments to Sexually Violent Predator Act, providing for indeterminate term of commitment, apply prospectively, not retroactively. 		Criminal Law and Procedure Mar. 4, 2008
People v. Leal
Warrantless search violates Fourth Amendment where handgun found inside home was not 'under immediate control' of arrestee confined to police car. 		Criminal Law and Procedure Mar. 3, 2008
People v. Wills
Defendant is presumptively ineligible for probation where not in 'best interest' of molestation victim no longer 'child' at time of sentencing. 		Criminal Law and Procedure Mar. 3, 2008
U.S. v. Garro
In money laundering case, district court properly applies guidelines in sentencing defendant to 135 months in prison. 		Criminal Law and Procedure Feb. 29, 2008
U.S. v. Barsumyan
Defendant's history of credit card fraud and current conspiracy to make counterfeit cards using device-making equipment make sentence enhancement reasonable. 		Criminal Law and Procedure Feb. 29, 2008
Tall v. Mukasey
Conviction for crime involving moral turpitude renders alien inadmissible and removable from United States. 		Criminal Law and Procedure Feb. 28, 2008
U.S. v. Turvin
Evidence from consensual vehicle search is admissible because mere police questioning during lawful traffic stop does not constitute 'seizure.' 		Criminal Law and Procedure Feb. 26, 2008
People v. Paredes
Retroactive change in federal law does not result in violation of plea agreement where defendant later becomes subject to removal. 		Criminal Law and Procedure Feb. 26, 2008
Netzley v. Superior Court (People)
180-day period under Interstate Agreement on Detainers is tolled where petitioner's disciplinary segregation renders him 'unable to stand trial.' 		Criminal Law and Procedure Feb. 24, 2008
People v. Stone
Defendant’s semantics argument involving jury instruction fails, and he waives instructional error claim on appeal. 		Criminal Law and Procedure Feb. 24, 2008
Jensen v. Superior Court (People)
Trial court properly finds prosecutor demonstrated due diligence by serving subpoena and showing good cause for continuance. 		Criminal Law and Procedure Feb. 21, 2008
In re Corona
Failure to waive psychotherapist-patient privilege is not sufficient basis to revoke parole. 		Criminal Law and Procedure Feb. 21, 2008
People v. Taylor
Appeals from civil commitments under Mentally Disordered Offender Act are exempt from 'Anders/Wende' judicial review requirements. 		Criminal Law and Procedure Feb. 21, 2008
Danforth v. Minnesota
Federal law does not prevent state court from giving broader retroactive effect to new rule of criminal procedure. 		Criminal Law and Procedure Feb. 20, 2008
People v. Reyes
No material difference exists between language found constitutional in CALJIC No. 2.50.02 and CALCRIM No. 852. 		Criminal Law and Procedure Feb. 20, 2008
Cook v. Schriro
Man who allegedly sodomized and killed two victims voluntarily waives counsel after accepting previously appointed attorney as advisory counsel. 		Criminal Law and Procedure Feb. 20, 2008
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