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Name Category Published
People v. Gray
Under facts of this case, court's instruction charging jury with determining whether witness' past conviction was crime of moral turpitude is harmless error. 		Criminal Law and Procedure Jan. 3, 2008
Davis v. Silva
Prisoner properly exhausts habeas claim by 'fairly presenting' alleged due process violation in hearing to revoke good-time credit. 		Criminal Law and Procedure Jan. 3, 2008
People v. Anaya
Guardian who embezzled money from elderly is not entitled to presentence custody credit for time spent electronically monitored while released on bail. 		Criminal Law and Procedure Jan. 2, 2008
Williams v. Alamedia
Order 		Criminal Law and Procedure Dec. 31, 2007
Smith v. Baldwin
Despite co-defendant's recantation, murderer who fails to show actual innocence or cause and prejudice cannot overcome procedurally defaulted habeas claims. 		Criminal Law and Procedure Dec. 28, 2007
People v. Flores
Imposition of consecutive terms does not violate defendant's Sixth Amendment rights because there is no requirement that court find aggravating circumstances. 		Criminal Law and Procedure Dec. 28, 2007
People v. Chakos
Testimony of arresting officer with no expertise on lawful use of prescription marijuana is insufficient to sustain patient's possession for sale conviction. 		Criminal Law and Procedure Dec. 28, 2007
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 Dec. 28, 2007
People v. Le
Judgment is reversed due to prejudicial error in jury instruction. 		Criminal Law and Procedure Dec. 28, 2007
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 Dec. 28, 2007
People v. Abrams
Non-testimonial evidence of defendant's failure to report or make payments to probation officer is admissible at probation violation hearing. 		Criminal Law and Procedure Dec. 27, 2007
People v. Hazle
Drug offender's eligibility for Proposition 36 probation is determined by three noticed revocation petitions, not individual allegations of relapse. 		Criminal Law and Procedure Dec. 27, 2007
People v. Lexington National Insurance Co.
Surety’s motion to vacate bail forfeiture filed more than 185 days after notice of forfeiture was mailed, is untimely. 		Criminal Law and Procedure Dec. 26, 2007
People v. Dean
Under specific facts of this case, officer lacks reasonable suspicion that van is unregistered because he failed to look for temporary operating permit. 		Criminal Law and Procedure Dec. 26, 2007
People v. Jones
Fundamental purpose of felony murder rule is deterrence of negligent or accidental killings that occur in commission of dangerous felonies. 		Criminal Law and Procedure Dec. 26, 2007
People v. Lacefield
Failure to instruct on lesser included misdemeanor offense of resisting peace officer is reversible error. 		Criminal Law and Procedure Dec. 24, 2007
U.S. v. Plunk
Sovereign immunity supports court's denial of consequential damages for seized property. 		Criminal Law and Procedure Dec. 24, 2007
People v. Guess
Defendant’s status on probation is aggravating factor that need not be admitted nor found by jury for court to impose upper term sentence. 		Criminal Law and Procedure Dec. 24, 2007
Q-Soft Inc. v. Superior Court (Mahallaty)
In white collar crime offenses, courts should balance interest in reimbursing victim for losses, while protecting legitimate property interests of innocent third persons. 		Criminal Law and Procedure Dec. 24, 2007
People v. Calderon
Kicking in door to victim's home is sufficient entry to constitute burglary. 		Criminal Law and Procedure Dec. 21, 2007
Jennings v. Mukasey
Renewal of federal firearms license is properly denied where conviction for misdemeanor crime of domestic violence is not deemed expunged. 		Criminal Law and Procedure Dec. 21, 2007
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 Dec. 21, 2007
U.S. v. Berber-Tinoco
Stop does not violate Fourth Amendment where border patrol officers had reasonable suspicion that vehicles were picking up illegal aliens. 		Criminal Law and Procedure Dec. 20, 2007
Bradley v. Henry
Appellate decision finding deprivation of right to counsel harmless after in-camera hearing without defendant is objectively unreasonable. 		Criminal Law and Procedure Dec. 20, 2007
People v. Villa
Defendant cannot be convicted of both robbery charge and charge of petty theft with prior theft-related conviction, arising from single incident. 		Criminal Law and Procedure Dec. 19, 2007
People v. Aispuro
Stranger who threatens but does not physically harm girls provides sufficient evidence of menace to sustain felony false imprisonment conviction. 		Criminal Law and Procedure Dec. 19, 2007
People v. Rodriguez
Single act of using firearm may not enhance defendant’s punishment for assault and augment his already enhanced punishment under gang enhancement as well. 		Criminal Law and Procedure Dec. 17, 2007
U.S. v. Biagon
Sentencing court does not deny defendant's right of allocution by declining general request to close courtroom for sentencing hearing. 		Criminal Law and Procedure Dec. 17, 2007
People v. Watson
Transfer of inmate to state hospital is temporary transfer where he will return to state prison upon completion of successful treatment program. 		Criminal Law and Procedure Dec. 17, 2007
People v. Jones
Trial court retains discretion to strike sentencing enhancements or additional punishment for certain listed enhancements. 		Criminal Law and Procedure Dec. 17, 2007
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