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Name Category Published
Campbell v. Superior Court (People)
Mental retardation hearing should be reopened to determine if mentor who confused students presented false testimony regarding death-eligible defendant. 		Criminal Law and Procedure Feb. 1, 2008
People v. Nicholls
Defendant bears burden of showing that matter omitted from affidavit were material to determination of probable cause. 		Criminal Law and Procedure Feb. 1, 2008
People v. Seminoff
Witness’s refusal to answer questions on her version of events leading to discovery of contraband is sufficient basis for court to strike her testimony. 		Criminal Law and Procedure Jan. 31, 2008
People v. Batman
DNA penalty assessment is punitive ex post facto law with respect to offenses prior to its effective date. 		Criminal Law and Procedure Jan. 31, 2008
People v. Paredes
Disqualification of public defender was abuse of trial court's discretion and violated defendant's right to counsel under state constitution. 		Criminal Law and Procedure Jan. 30, 2008
Hess v. Board of Parole and Post-Prison Supervision
Oregon statute allowing parole board to postpone parole release date is neither facially vague nor vague as applied to defendant. 		Criminal Law and Procedure Jan. 30, 2008
U.S. v. Banks
VICAR requires defendant's gang-related purpose in committing crime to be more than merely incidental. 		Criminal Law and Procedure Jan. 30, 2008
U.S. v. Snipe
If police discover evidence of illegal activity while responding to emergency, it is admissible even if not found based on probable cause. 		Criminal Law and Procedure Jan. 29, 2008
U.S. v. Lococo
Where wiretap application states that various prior attempted investigative techniques have failed, court does not abuse its discretion in finding wiretap justified. 		Criminal Law and Procedure Jan. 29, 2008
People v. Lopez
Prosecutor does not commit misconduct by mentioning defendant’s profession as priest and highly publicized sexual abuse cases involving clergy. 		Criminal Law and Procedure Jan. 29, 2008
U.S. v. Cherer
Where evidence overwhelmingly proves element of crime missing from jury instructions, failure to give clear instruction is harmless. 		Criminal Law and Procedure Jan. 28, 2008
U.S. v. Carr
Gross misdemeanor violation of protection order becomes predicate offense for felon in possession of firearm who pleads guilty to all statute's elements. 		Criminal Law and Procedure Jan. 28, 2008
People v. Reyes
Error in admitting incriminating statement during trial is harmless beyond reasonable doubt due to overwhelming evidence of guilt. 		Criminal Law and Procedure Jan. 28, 2008
U.S. v. Comprehensive Drug Testing Inc.
Seizure of massive amounts of confidential medical information is justified if intermingled with records that are responsive to search warrant. 		Criminal Law and Procedure Jan. 25, 2008
People v. Superior Court (Small)
Court properly dismisses writ petition where defendant is in unlawful custody and prosecution's delay in filing is not due to 'good faith mistake of fact or law.' 		Criminal Law and Procedure Jan. 25, 2008
People v. Stuart
Where legally sufficient aggravating circumstance is justified based on defendant's record of prior convictions, there is no constitutional violation. 		Criminal Law and Procedure Jan. 25, 2008
Frantz v. Hazey
Defendant's Sixth Amendment right to self-representation is violated because his standby counsel went into chambers conference without obtaining his consent or opinion. 		Criminal Law and Procedure Jan. 24, 2008
People v. Williams
Evidence that defendant committed previous similar acts is deemed admissible and not violation of his due process rights. 		Criminal Law and Procedure Jan. 24, 2008
People v. Gill
Husband who re-enters his home following marital dispute is properly convicted of burglary. 		Criminal Law and Procedure Jan. 24, 2008
Jackson v. Brown
Defendant receives partial habeas relief as to jury's special circumstance findings where prosecution induces and fails to correct inmates' perjured testimony. 		Criminal Law and Procedure Jan. 24, 2008
Estrada v. Scribner
Juror affidavits detailing jury discussions on sentencing and murder of one juror’s mother are deemed admissible evidence. 		Criminal Law and Procedure Jan. 24, 2008
People v. Davidson
Trial court may reinstate attempted murder conviction without violating double jeopardy where prosecution cannot retry murder charges after victim's death. 		Criminal Law and Procedure Jan. 24, 2008
People v. Reyes
Error in admitting incriminating statement during trial is harmless beyond reasonable doubt due to overwhelming evidence of guilt. 		Criminal Law and Procedure Jan. 24, 2008
Ovando v. County of Los Angeles
New trial based on prejudicial misconduct is proper where juror conceals knowledge of police corruption in Rampart scandal during voir dire. 		Criminal Law and Procedure Jan. 23, 2008
People v. Power
Forcing victim to perform sex acts at specified locations by threatening to harm her family constitutes kidnapping for purposes of sexual offense. 		Criminal Law and Procedure Jan. 23, 2008
People v. Superior Court (Brooks)
Prosecution cannot amend information to allege aggravating circumstances or secure jury trial of aggravating circumstances prior to criminal trial. 		Criminal Law and Procedure Jan. 23, 2008
People v. Curry
Court’s erroneous failure to permit jury to find aggravating factors is harmless where jury doubtlessly would have found such factors true. 		Criminal Law and Procedure Jan. 23, 2008
People v. Morton
Evidence of prior similar episode of domestic violence that occurred 10 years ago is properly admitted under facts of case. 		Criminal Law and Procedure Jan. 23, 2008
People v. Garcia
Trial court properly imposes upper term for animal cruelty conviction based on aggravating circumstances that include lengthy criminal record. 		Criminal Law and Procedure Jan. 23, 2008
People v. Carroll
Amendments to Sexually Violent Predator Act are properly applied at recommitment hearing taking place after effective date of new legislation. 		Criminal Law and Procedure Jan. 22, 2008
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