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Name Category Published
People v. Nguyen
Convictions for attempted unlawful assault weapon activity and attempted possession of assault weapon are correct, even if AK-47 was not yet fully assembled. 		Criminal Law and Procedure Jan. 21, 2013
U.S. v. Gallegos-Galindo
Removed alien who illegally reentered country after being convicted of third-degree rape is properly sentenced with 16-level crime of violence enhancement. 		Criminal Law and Procedure Jan. 17, 2013
People v. Caldwell
Prosecutor does not commit misconduct by rebutting claim that police detective lied regarding photo lineups and asserting that detective had no reason to lie. 		Criminal Law and Procedure Jan. 17, 2013
People v. Guillen
Defendant convicted of driving with a 0.08 percent or higher blood alcohol content with admission of prior felony must serve sentence in state prison. 		Criminal Law and Procedure Jan. 16, 2013
People v. Lujan
Child witness is allowed to testify remotely over closed-circuit television when face-to-face confrontation with defendant would cause trauma. 		Criminal Law and Procedure Jan. 16, 2013
U.S. v. Vidal-Mendoza
Removal proceedings do not violate due process rights of alien who illegally reentered country because at time of removal order, alien was ineligible for relief. 		Criminal Law and Procedure Jan. 15, 2013
Gentry v. Sinclair
District court improperly concludes that claim for ineffective assistance in failing to present mitigating evidence at penalty phase was procedurally defaulted. 		Criminal Law and Procedure Jan. 15, 2013
U.S. v. Jensen
Following defendant's failure to appear for service of sentence and subsequent conviction, court applies five-year, rather than two-year, maximum sentence. 		Criminal Law and Procedure Jan. 14, 2013
U.S. v. Hardeman
Enhanced penalty for committing sex offense involving minor when defendant was already required to register as sex offender is not retrospective additional punishment. 		Criminal Law and Procedure Jan. 14, 2013
U.S. v. Harris
Airport employee violates statute prohibiting carrying of concealed dangerous weapon on aircraft when he helped passenger smuggle pocketknife past security. 		Criminal Law and Procedure Jan. 14, 2013
People v. Griffis
Defendant may be entitled to county, rather than state, sentence because court relied on reference in probation report to find Washington felonies were strikes. 		Criminal Law and Procedure Jan. 14, 2013
U.S. v. Ramos-Medina
First degree residential burglary under California Penal Code Section 459 constitutes crime of violence under immigration laws and for purposes of sentencing. 		Criminal Law and Procedure Jan. 13, 2013
Babb v. Lozowsky
In case of woman who murdered cab driver, Nevada state court’s incorrect application of federal law is harmless because jury convicted her on different theory of murder. 		Criminal Law and Procedure Jan. 13, 2013
People v. McKnight
Sexually violent predator's recommitment under Sexually Violent Predator Act does not violate equal protection because predators pose substantially high risk to society. 		Criminal Law and Procedure Jan. 13, 2013
People v. Avila
Prisoner's conviction for threatening public officials is upheld even though his threats were made while he was in custody with no 'stated release date.' 		Criminal Law and Procedure Jan. 10, 2013
People v. Mayham
Following removal of continuously disruptive defendant from courtroom, judge is not required to provide audio or video feed to allow him to hear testimony. 		Criminal Law and Procedure Jan. 10, 2013
Smith v U.S.
Defendant's convictions for conspiracy to distribute narcotics are upheld because burden to prove affirmative defense of withdrawal from conspiracy was on defendant. 		Criminal Law and Procedure Jan. 9, 2013
U.S. v. Olsen
Prosecution does not need to tell defense about incompetence of forensic scientist when evidence showed defendant intended to use poison found by scientist. 		Criminal Law and Procedure Jan. 8, 2013
Cunningham v. Wong
District attorney does not commit misconduct by declining to hand over deceased victim’s autopsy report, which was attainable by defense. 		Criminal Law and Procedure Jan. 8, 2013
U.S. v. Juan
Even if prosecution's statements to district judge wrongly threatened its own witness, defendant fails to show misconduct because witness did not hear statements. 		Criminal Law and Procedure Jan. 7, 2013
U.S. v. Dreyer
District court commits plain error by failing to order competency hearing sua sponte despite record raising genuine doubt regarding defendant’s competency. 		Criminal Law and Procedure Jan. 7, 2013
Henderson v. Johnson
Inmate’s federal habeas petition over murder conviction is improperly dismissed where inmate was not given leave to amend petition or request stay. 		Criminal Law and Procedure Jan. 3, 2013
U.S. v. Xu
Defendants who engaged in scheme to steal funds from Bank of China and flee to United States can be convicted of RICO conspiracy. 		Criminal Law and Procedure Jan. 3, 2013
U.S. v. Pleasant
Defendant’s Career Offender status precludes his eligibility for sentence reduction pursuant to amendments in crack-cocaine guidelines. 		Criminal Law and Procedure Jan. 2, 2013
U.S. v. Yi
Real estate developer’s conviction for conspiracy to violate Clean Air Act is valid because he knew ceilings contained asbestos, but deliberately avoided problem. 		Criminal Law and Procedure Jan. 2, 2013
People v. Morales
Defendant who impersonates victim's boyfriend while having sex is improperly convicted of rape where jury instructions include deception theory for unmarried victim. 		Criminal Law and Procedure Jan. 2, 2013
U.S. v. Lee
Defendant is incorrectly classified as career offender where record was inconclusive as to whether past conviction was for controlled substance offense. 		Criminal Law and Procedure Dec. 30, 2012
People v. Rodriguez
Gang member who acted alone in attempted robbery does not violate ‘criminal street gang participation’ statute, even if his conduct benefited gang as a whole. 		Criminal Law and Procedure Dec. 27, 2012
People v. Spence
Defendant's testimony at suppression hearing may be used to impeach defense expert’s testimony when testimony at hearing was contrary to expert’s opinion. 		Criminal Law and Procedure Dec. 27, 2012
People v. Shazier
Prosecutor's pervasive pattern of improper statements throughout trial causes reversal of order adjudging defendant as sexually violent predator. 		Criminal Law and Procedure Dec. 27, 2012
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