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Name Category Published
People v. Stuedemann
Defendant is improperly convicted of rape by foreign object on unconscious person where victim was capable of resistance to conduct. 		Criminal Law and Procedure Oct. 15, 2007
People v. Nguyen
Order 		Criminal Law and Procedure Oct. 14, 2007
Bockting v. Bayer
Hearsay statements of 'unavailable' six-year-old witness are admissible against stepfather accused of sexually assaulting her in motel bathroom. 		Criminal Law and Procedure Oct. 14, 2007
U.S. v. Richard
District court erred when it permitted jury to rehear portion of witness' testimony against defendant without taking any additional precautions. 		Criminal Law and Procedure Oct. 14, 2007
People v. Cardenas
Prosecutor does not exercise group bias by excusing two Hispanic jurors who express uncertainty about accepting interpreter's translation. 		Criminal Law and Procedure Oct. 11, 2007
U.S. v. Sutcliffe
Former employee who posts personal information and threatens vengeance on website is properly convicted of making interstate threats to injure. 		Criminal Law and Procedure Oct. 11, 2007
U.S. v. Vidal
Court erroneously applies sentence enhancement on basis that prior conviction constituted aggravated felony 'theft offense'. 		Criminal Law and Procedure Oct. 10, 2007
Parle v. Runnels
Multiple errors in admission and exclusion of evidence accumulated to deprive petitioner of constitutionally fair trial. 		Criminal Law and Procedure Oct. 10, 2007
People v. Quiroz
Defendant is properly prosecuted as an adult where forged checks were deposited into her account after her 18th birthday. 		Criminal Law and Procedure Oct. 10, 2007
People v. Dunkerson
Jury was properly instructed it may find defendant personally inflicted great bodily injury if defendant used physical force against victim during group attack. 		Criminal Law and Procedure Oct. 10, 2007
People v. Turner
Probation conditions involving association and possession of stimulating materials do not pass constitutional muster under vagueness doctrine. 		Criminal Law and Procedure Oct. 10, 2007
In re Pacheco
Even if court strikes sentence enhancement for violent felony, defendant is subject to limit on worktime credits applicable to prisoners with violent commitment offenses. 		Criminal Law and Procedure Oct. 10, 2007
Morgan v. U.S. District Court for the District of Arizona (In re Morgan)
District court must provide individualized reasons for rejecting sentence bargain plea agreements based on factual circumstances specific to case. 		Criminal Law and Procedure Oct. 9, 2007
People v. Linarez
Juvenile probationer who stipulates to court's consideration of prior criminal history waives right to jury trial for purposes of imposing upper term. 		Criminal Law and Procedure Oct. 8, 2007
People v. Upsher
Conviction for attempting to dissuade witness is reversed where it is necessarily included in greater offense. 		Criminal Law and Procedure Oct. 7, 2007
People v. Mares
Bank withdrawal slip qualifies as 'order for payment' proving defendant presented 'completed check' using dealership's account number with intent to defraud. 		Criminal Law and Procedure Oct. 7, 2007
People v. Singleton
Person must cross threshold of dwelling place in order to be 'present' for purposes of elevating burglary to violent felony. 		Criminal Law and Procedure Oct. 4, 2007
People v. Ceja
Defendant can only be sentenced on greater offense arising from misdemeanor petty theft for felony receipt of same stolen property. 		Criminal Law and Procedure Oct. 3, 2007
People v. Guerrero
Jury instruction did not prevent jury from considering lack of evidence in deciding whether reasonable doubt existed. 		Criminal Law and Procedure Oct. 3, 2007
U.S. v. Brock-Davis
To be included in restitution order, cost of tile removal and asbestos testing must be directly related to cleanup of contamination by methamphetamine operation. 		Criminal Law and Procedure Oct. 2, 2007
People v. Binkerd
Conviction for driving under influence causing injury cannot stand where it is necessarily lesser included offense of vehicular manslaughter without gross negligence. 		Criminal Law and Procedure Oct. 2, 2007
People v. Montero
After jury requested clarification on instructions, trial court did not err in directing jury to reread CALCRIM No. 2302 without providing more information. 		Criminal Law and Procedure Oct. 2, 2007
U.S. v. Lujan
Court rejects defendant's constitutional challenges to statute mandating collection of blood sample during supervised release. 		Criminal Law and Procedure Oct. 2, 2007
People v. Grayson
Court properly finds true aggravating fact of defendant's prior juvenile adjudications in imposing upper term sentence. 		Criminal Law and Procedure Oct. 1, 2007
People v. Simons
Husband who killed wife before burning her car cannot challenge arson conviction by claiming ownership to vehicle. 		Criminal Law and Procedure Sep. 30, 2007
People v. Garcia
Following 'Bracamonte,' trial court properly stayed enhancements under Penal Code Section 12022.53(b) for counts of murder and attempted murder. 		Criminal Law and Procedure Sep. 30, 2007
People v. Mares
Bank withdrawal slip qualifies as 'order for payment' proving defendant presented 'completed check' using dealership's account number with intent to defraud. 		Criminal Law and Procedure Sep. 30, 2007
People v. Galvan
Revocation of probation is improper where defendant does not willfully violate terms but is prevented from reporting to probation officer by deportation. 		Criminal Law and Procedure Sep. 30, 2007
People v. Price
Defendant's conviction stands where prosecution for commercial burglary, forgery, and grand theft were timely under Penal Code. 		Criminal Law and Procedure Sep. 30, 2007
U.S. v. Sullivan
Defendant's detention in Montana community pre-release center was not 'imprisonment' under federal or state law. 		Criminal Law and Procedure Sep. 30, 2007
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