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Name Category Published
U.S. v. Osife
Police can search vehicle following arrest of recent occupant even if evidence is unlikely to be found. 		Criminal Law and Procedure Aug. 9, 2005
U.S. v. Jeronimo
There is no jurisdiction to entertain appeal where appeal waiver in plea agreement is unambiguous. 		Criminal Law and Procedure Aug. 9, 2005
U.S. v. Younger
Defendant's conduct in making spontaneous statements and responding to questioning constituted implied waiver of his Miranda rights. 		Criminal Law and Procedure Aug. 9, 2005
People v. Akins
Trial court may reduce amount of restitution if it concludes that calculation method used by victim overstated loss. 		Criminal Law and Procedure Aug. 9, 2005
People v. Rosales
Jury was improperly instructed that superintendent of park is county officer for purposes of offense of negligent handling of public moneys. 		Criminal Law and Procedure Aug. 9, 2005
In re Reeves
Penal Code does not restrict offender's ability to earn worktime credit against concurrent sentence for non-violent offense. 		Criminal Law and Procedure Aug. 9, 2005
People v. Flores
Firearm sentencing enhancement cannot be supported by showing that defendant killed his accomplice. 		Criminal Law and Procedure Aug. 9, 2005
People v. Tanner
Revocation of defendant's Proposition 36 probation was premature. 		Criminal Law and Procedure Aug. 9, 2005
People v. Tulare County Superior Court (Gregory)
Trial court lacked jurisdiction to enter any further orders on merits of case pending in state supreme court. 		Criminal Law and Procedure Aug. 9, 2005
People v. Mateljan
Use of phlebotomists to draw blood from drunk driving suspects was lawful. 		Criminal Law and Procedure Aug. 9, 2005
People v. Vo
Defendants who acted together to murder gang member and assault deputy were eligible for gang enhancement. 		Criminal Law and Procedure Aug. 9, 2005
People v. Miller
Search of probationer was valid even though guilty plea resulting in probation was later vacated. 		Criminal Law and Procedure Aug. 9, 2005
United States v. Becerra-Garcia
Tribal rangers stop of trespassing van is reasonable. 		Criminal Law and Procedure Aug. 9, 2005
Anderson v. Alameida
Counsel need not challenge admission of confession on right to counsel ground where confession occurred during extradition. 		Criminal Law and Procedure Aug. 9, 2005
U.S. v. Kama
Defendant waived threshold issue of whether district court abused its discretion when it declined to exercise its equitable jurisdiction. 		Criminal Law and Procedure Aug. 9, 2005
People v. Ayers
Domestic violence forms filled out by victim were admissible in defendant's spousal battery trial. 		Criminal Law and Procedure Aug. 9, 2005
U.S. v. Alvarez-Gutierrez
State misdemeanor conviction for sexual abuse of minor may be defined as aggravated felony for federal sentencing purposes. 		Criminal Law and Procedure Aug. 9, 2005
U.S. v. Mayo
Warrantless search of hatchback cargo area of vehicle incident to arrest of recent occupant was proper. 		Criminal Law and Procedure Aug. 9, 2005
People v. Arellano
Defendant's death threats did not negate surprise element of lying-in-wait special circumstance. 		Criminal Law and Procedure Aug. 9, 2005
People v. Harrison
Court was not required to hold competency hearing for defendant who made 'bizarre statements.' 		Criminal Law and Procedure Aug. 8, 2005
People v. Spence
Defendant may be convicted of driving with invalid driver's license without showing of actual knowledge that license was suspended. 		Criminal Law and Procedure Aug. 8, 2005
Burris v. Superior Court (People)
Misdemeanor prosecution is barred after one previous qualifying dismissal but felony prosecution is barred after two qualifying dismissals. 		Criminal Law and Procedure Aug. 8, 2005
People v. Amons
New sentencing rules do not apply retroactively. 		Criminal Law and Procedure Aug. 8, 2005
People v. Hinkel
Mere completion of treatment program under Proposition 36 does not establish reasonable cause to believe that defendant will not abuse drugs. 		Criminal Law and Procedure Aug. 8, 2005
People v. Betts
Trial court should determine whether it has jurisdiction to adjudicate charge of crime committed outside of state. 		Criminal Law and Procedure Aug. 8, 2005
People v. Morgan
Caller's reliable, non-assertive statements to police are admissible over a hearsay objection. 		Criminal Law and Procedure Aug. 8, 2005
People v. Watson
Prisoner transferred to state hospital is not 'confined in state prison' as defined by battery statute. 		Criminal Law and Procedure Aug. 8, 2005
Buckley v. Terhune
State court fact-finding at habeas hearing that rested solely on written record is entitled to presumption of correctness. 		Criminal Law and Procedure Aug. 8, 2005
U.S. v. Schoneberg
Prohibiting cross-examination of witness about his plea bargain violated defendant's confrontation rights. 		Criminal Law and Procedure Aug. 8, 2005
Henderson v. Lampert
Petitioner's failure to appeal dismissal of first habeas petition precludes him from challenging dismissal in second petition. 		Criminal Law and Procedure Aug. 8, 2005
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