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Name Category Published
People v. DePriest
Sufficient evidence supports felony murder based on robbery and attempted rape where parolee found with property of naked victim found near dumpster. 		Criminal Law and Procedure Aug. 9, 2007
People v. Ramirez
Gang expert’s hearsay testimony establishing elements of gang enhancement does not violate defendant’s constitutional right to confront witness. 		Criminal Law and Procedure Aug. 7, 2007
People v. Garcia
Defendant’s current, intimate knowledge of gang’s inner workings is sufficient to establish his active gang participation at time of his arrest. 		Criminal Law and Procedure Aug. 7, 2007
In re Gomez
'Cunningham' is not to be applied retroactively to upper term sentence on collateral review in cases already final when it was decided. 		Criminal Law and Procedure Aug. 7, 2007
U.S. v. Riedl
Defendant is not entitled to coram nobis relief where she failed to demonstrate legitimate, valid reasons for not attacking her conviction earlier. 		Criminal Law and Procedure Aug. 6, 2007
U.S. v. Bolanos-Hernandez
Under U.S. Sentencing Guidelines, attempted assault with intent to commit rape is considered forcible sex offense and therefore crime of violence. 		Criminal Law and Procedure Aug. 6, 2007
People v. Alfaro
Trial court properly refuses to remove defense counsel in case where defendant is sentenced to death for murdering nine-year-old. 		Criminal Law and Procedure Aug. 6, 2007
U.S. v. Valenzuela
U.S.S.G. Section 2K2.1(b)(5) sentencing enhancement is properly applied to defendant convicted of being felon in possession of firearm and possessing stolen property. 		Criminal Law and Procedure Aug. 5, 2007
Hoyle v. ADA County, Idaho, District Court
Double Jeopardy Clause is not violated where jury in first prosecution could not agree on predicate acts related to racketeering count. 		Criminal Law and Procedure Aug. 2, 2007
U.S. v. Goetzke
Intercepted letters containing compliments and sexual advances are sufficient to prove intent to persuade or entice minor to engage in sexual activity. 		Criminal Law and Procedure Aug. 1, 2007
U.S. v. Larson
Convictions for conspiracy to possess methamphetamine with intent to distribute stand where violation of Confrontation Clause rights is harmless. 		Criminal Law and Procedure Aug. 1, 2007
Opinion of Brown
Sheriff's gift of honorary badge to private citizen violates California law if badge would deceive ordinary reasonable person into believing it is authorized. 		Criminal Law and Procedure Jul. 31, 2007
People v. Flores
Defendant’s federal constitutional rights are not violated by trial court’s reasonable doubt instruction using CALCRIM No. 220. 		Criminal Law and Procedure Jul. 30, 2007
People v. Miller
Trial court improperly denies motion for self-representation where motion was made well before sentencing hearing and done so voluntarily and intelligently. 		Criminal Law and Procedure Jul. 30, 2007
People v. Dixon
Defendant who voluntarily waives right to jury trial also waives right to be tried on lesser-included enhancements. 		Criminal Law and Procedure Jul. 30, 2007
People v. Solorzano
Warrantless search is reasonable parole term and defendant may receive harsher punishment after retrial where original sentence was not authorized by law. 		Criminal Law and Procedure Jul. 30, 2007
In re Cooper
Parolee's habeas petition is granted where 'some evidence' does not support Governor Schwarzenegger's decision to reverse grant of parole. 		Criminal Law and Procedure Jul. 30, 2007
People v. Zambrano
Jury properly returns death verdict in case of defendant convicted of first degree murder of witness, and attempted murder of Berkeley professor and his wife. 		Criminal Law and Procedure Jul. 30, 2007
People v. Fritz
Prior shoplifting incident is inadmissible against defendant who did not testify in order to impeach false statement prosecution offered into evidence. 		Criminal Law and Procedure Jul. 29, 2007
U.S. v. Lopez
Error is harmless where prosecutor implicated defendant's silence both pre-Miranda and post-Miranda. 		Criminal Law and Procedure Jul. 29, 2007
People v. Arias
Conviction for possessing false compartment is reversed where trial court gave erroneous definition of ‘false compartment’ and insufficient evidence supports conviction. 		Criminal Law and Procedure Jul. 26, 2007
In re Hardy
Habeas corpus petition is denied where petitioner fails to show he is actually innocent of murders of which he was convicted. 		Criminal Law and Procedure Jul. 26, 2007
People v. Barnwell
Defendant receives death penalty for three first degree murders but second degree murder sentence should have been 15 years to life. 		Criminal Law and Procedure Jul. 26, 2007
U.S. v. Sperow
Drug dealer’s enhanced sentence is invalid where government fails to give proper notice of its intent to seek enhanced sentence penalty. 		Criminal Law and Procedure Jul. 26, 2007
People v. Blick
Trial court’s failure to include specific intent requirement in its jury instructions creates reasonable probability jury would have acquitted alleged defrauder. 		Criminal Law and Procedure Jul. 25, 2007
U.S. v. Castillo
Appellate court has constitutional power and congressional authorization to hear appeal in spite of valid guilty plea. 		Criminal Law and Procedure Jul. 25, 2007
U.S. v. Forrester
In case where defendant used Internet to help run Ecstasy lab, computer surveillance by government does not constitute search under Fourth Amendment. 		Criminal Law and Procedure Jul. 25, 2007
People v. Medina
Gang members’ murder convictions are reversed because their involvement in earlier fistfight was not reasonably likely to result in fatal shooting. 		Criminal Law and Procedure Jul. 24, 2007
Winzer v. Hall
Ex-boyfriend convicted of making terrorist threats is entitled to habeas relief where admission of woman's hearsay statements violates Confrontation Clause. 		Criminal Law and Procedure Jul. 23, 2007
People v. Hoyos
Evidence of propensity for violence is properly excluded absent support for self-defense theory that murder victim presented immediate threat. 		Criminal Law and Procedure Jul. 23, 2007
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