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Name Category Published
People v. Murillo
Stay of sentence for personal use of deadly weapon is not required despite imposition of consecutive sentences for deadly weapon and great bodily injury enhancements. 		Criminal Law and Procedure Dec. 16, 2011
Hardy v. Cross
Federal court errs in overturning state court’s reasonable decision regarding witness’s unavailability. 		Criminal Law and Procedure Dec. 13, 2011
Merolillo v. Yates
Expert testimony entered in violation of defendant’s confrontation rights regarding key causation issue in murder trial is not harmless error. 		Criminal Law and Procedure Dec. 13, 2011
People v. Guzman
Medi-Cal fraud conviction is supported by sufficient evidence where defendant knew he was not entitled to payment for less expensive device when submitting claim. 		Criminal Law and Procedure Dec. 13, 2011
U.S. v. Tapia
Court commits plain error in considering defendant’s rehabilitative needs when determining length of sentence. 		Criminal Law and Procedure Dec. 9, 2011
Johnson v. Finn
Due process requires district court to conduct its own evidentiary hearing before rejecting magistrate judge’s credibility following hearing on voir dire issues. 		Criminal Law and Procedure Dec. 9, 2011
People v. Valencia
Single grant of consent does not prohibit subsequent searches if reasonable to conclude that search fell within scope of initial consent. 		Criminal Law and Procedure Dec. 9, 2011
Gonzalez v. Wong
In capital case, denial of colorable 'Brady' claim based on withholding of psychological reports is improper and thus, defendant may present new evidence in state court. 		Criminal Law and Procedure Dec. 8, 2011
People v. Kovacich
Murder conviction is supported by sufficient circumstantial evidence surrounding wife’s death by gunshot wound from gun similar to one her husband possessed. 		Criminal Law and Procedure Dec. 8, 2011
In re Witcraft
Prosecution is barred from subsequently charging defendant with second offense based on facts that were evident during prosecution of prior case. 		Criminal Law and Procedure Dec. 7, 2011
In re Lira
Defendant is not entitled to credit for period of continued incarceration following erroneous denial of parole, but is entitled to credit following Governor’s erroneous veto. 		Criminal Law and Procedure Dec. 7, 2011
People v. Mohamed
Conspiracy is not invalid theory of liability under Penal Code because liability attaches to anyone 'concerned' with offense, however slight such concern may be. 		Criminal Law and Procedure Dec. 6, 2011
People v. Sanchez
'Marsden' hearing is appropriate where defendant implies desire to withdraw plea based on ineffective assistance of counsel. 		Criminal Law and Procedure Dec. 6, 2011
People v. Allen & Johnson
Court abuses its discretion in discharging jury where juror's statement as to doubts about strength of evidence did not conclusively establish prejudgment. 		Criminal Law and Procedure Dec. 6, 2011
U.S. v. Grant
Sentencing judge may not consider rehabilitation for purposes of imposing imprisonment upon revocation of defendant’s supervised release. 		Criminal Law and Procedure Dec. 6, 2011
People v. Wiidanen
No due process violation occurs where court gives permissive jury instruction because jury could reasonably conclude that defendant was aware of his guilt when making false statements. 		Criminal Law and Procedure Dec. 6, 2011
Andrich v. U.S. District Court, Central District of California (McMahan)
Under Crime Victims Rights Act, purported crime victims are not entitled to issuance of writ because trial judge properly denied motion to intervene at sentencing hearing. 		Criminal Law and Procedure Dec. 5, 2011
People v. Hernandez
Medical director’s recommendation is not prerequisite for district attorney’s initiation of recommitment petition for parolee, who cannot remain in remission without treatment. 		Criminal Law and Procedure Dec. 5, 2011
People v. Rauen
Court properly finds that defendant violated his probation terms based on conviction following no contest plea to criminal charges. 		Criminal Law and Procedure Dec. 2, 2011
People v. Arriaga
Court properly finds defendant was advised of immigration consequences when entering guilty plea where minute order and calendar deputy’s testimony supports such finding. 		Criminal Law and Procedure Dec. 2, 2011
People v. Jerry Z.
Defendant is entitled to be relieved of sex offender registration requirement where denial of relief would violate plea bargain. 		Criminal Law and Procedure Dec. 1, 2011
U.S. v. Leal-Felix
Issuance of traffic citation, even if considered ‘arrest’ under state law, is not ‘formal arrest’ for purposes of calculating criminal history score under U.S. Sentencing Guidelines. 		Criminal Law and Procedure Dec. 1, 2011
People v. Rivera
Demonstrative evidence of reenactment of strangulation has little probative value where defendant established malice and intent to kill through his own testimony. 		Criminal Law and Procedure Dec. 1, 2011
People v. Clark
Court errs by giving jury instructions allowing consideration of self-defense only in relation to assault count and not in connection with child abuse count. 		Criminal Law and Procedure Nov. 30, 2011
People v. Velazquez
Court errs in denying defendant’s motion for acquittal on criminal threat and dissuading witness counts where victim fails to testify during prosecution’s case-in-chief. 		Criminal Law and Procedure Nov. 30, 2011
People v. Dement
Prosecution’s use of 10 of thirteen peremptory challenges against women does not reveal discernible pattern of gender discrimination. 		Criminal Law and Procedure Nov. 29, 2011
Packer v. Superior Court (People)
Denial of motion to dismiss indictment due to grand juror bias is proper where juror, who worked for police, handled items that were not involved in proceedings. 		Criminal Law and Procedure Nov. 29, 2011
People v. Engstrom
Jurors’ interpretation and application of admitted evidence to substitute factor in defense expert’s formula does not constitute juror misconduct. 		Criminal Law and Procedure Nov. 29, 2011
U.S. v. Rudd
Imposition of residency restriction on sex offender as special condition of supervised release is improper in absence of district court’s explanation. 		Criminal Law and Procedure Nov. 25, 2011
In re Hernandez
Board of Parole Hearings properly denied parole where prisoner's deceitfulness posed current risk to society and he continued to blame another person. 		Criminal Law and Procedure Nov. 23, 2011
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