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Name Category Published
U.S. v. Carty
District court must articulate on record its consideration of sentencing factors of 18 U.S.C. Section 3553(a) and its reasons for imposing sentence. 		Criminal Law and Procedure Oct. 17, 2006
U.S. v. Mix
In kidnapping and aggravated sexual abuse case, life sentence was reasonable where court considered factors beyond sentencing guidelines. 		Criminal Law and Procedure Oct. 17, 2006
People v. Lopez
Priest accused of molesting children did not receive fair trial where prosecutor's statements were based on opinion rather than evidence. 		Criminal Law and Procedure Oct. 16, 2006
Raley v. Ylst
Reversal of death sentence is not required where jury did not consider constitutionally forbidden topics during sentencing. 		Criminal Law and Procedure Oct. 16, 2006
U.S. v. Miqbel
Adequate statement of reasons must accompany district court's imposition of sentence outside recommended guidelines. 		Criminal Law and Procedure Oct. 16, 2006
U.S. v. Thornton
Offender's conviction for driving with blood alcohol level of 0.08 was includable in calculating his criminal history score. 		Criminal Law and Procedure Oct. 16, 2006
In re Carlos
Photographic line-up that displayed suspect's photo directly above his name and identification number was unnecessarily suggestive. 		Criminal Law and Procedure Oct. 16, 2006
Opinion of Lockyer
Confidential marital communications privilege does not apply when married peace officer is interrogated during investigation into misconduct by officer's spouse. 		Criminal Law and Procedure Oct. 16, 2006
People v. Delgado
In case involving domestic violence, application of Penal Code Section 1203.097 to offenses occurring in 1993 violated prohibition against ex post facto laws. 		Criminal Law and Procedure Oct. 16, 2006
County of Orange v. Lexington National Insurance Corp.
Court's failure to send notice of bail bond forfeiture to surety resulted in loss of jurisdiction to enter summary judgment against surety. 		Criminal Law and Procedure Oct. 16, 2006
People v. Failla
Following unsuccessful petition for certificate of rehabilitation, new period of rehabilitation begins from date of denial of petition. 		Criminal Law and Procedure Oct. 16, 2006
People v. Reed
Courts should consider only statutory elements in deciding whether defendant may be convicted of multiple charged offenses. 		Criminal Law and Procedure Oct. 16, 2006
People v. Demetrulias
Evidence of robbery and assault is admissible to establish motive and intent for felony-murder that took place earlier that same night. 		Criminal Law and Procedure Oct. 16, 2006
People v. Vasquez
In murder case, participation of conflicted prosecutor did not result in due process violations. 		Criminal Law and Procedure Oct. 16, 2006
People v. Jenkins
Foreign convictions do not constitute strikes if, based upon comparison of statutory language, criminalized conduct differs from that required in California. 		Criminal Law and Procedure Oct. 16, 2006
People v. Misa
Trial court did not err in imposing serious felony prior enhancement twice on recidivist defendant. 		Criminal Law and Procedure Oct. 16, 2006
People v. Parker
California's five-year residency requirement entitling ex-felon to certificate of rehabilitation does not violate U.S. Constitution. 		Criminal Law and Procedure Oct. 16, 2006
U.S. v. Johnson
Proposed defense for convicted felon's gun possession, and proposed jury instruction that required inquiry into circumstances and motivations for possession are rejected. 		Criminal Law and Procedure Oct. 16, 2006
People v. Avila
Capital defendant's claims of error in guilt and penalty phases of trial did not warrant reversal of murder conviction. 		Criminal Law and Procedure Oct. 15, 2006
Stokes v. Schriro
Trial court committed 'Apprendi' error when it used judicial findings to increase defendant's sentence beyond statutory maximum. 		Criminal Law and Procedure Oct. 13, 2006
People v. Misa
Trial court did not err in imposing serious felony prior enhancement twice on recidivist defendant. 		Criminal Law and Procedure Oct. 5, 2006
Jeffrey T., a Minor
Court's conclusion that it could not order juvenile's records sealed was proper where assault offense was committed past age of 14. 		Criminal Law and Procedure Oct. 5, 2006
Brierton v. Dept. of Motor Vehicles
DMV's suspension of driver's license did not violate separation of powers doctrine where term imposed was different from that in criminal case. 		Criminal Law and Procedure Oct. 4, 2006
U.S. v. Decoud
Motion for evidentiary hearing was properly denied where record did not support defendants' claim that jury exerted racial pressure on sole African-American juror. 		Criminal Law and Procedure Oct. 4, 2006
People v. Hudson
Conviction for attempting to elude officers was improper where court failed to properly instruct jury regarding what is 'distinctively marked' police vehicle. 		Criminal Law and Procedure Oct. 4, 2006
People v. Jenan
Order that recused entire district attorney's office was proper where attorney who witnessed charged crime would testify at trial. 		Criminal Law and Procedure Oct. 4, 2006
People v. Jenkins
Foreign convictions do not constitute strikes if, based upon comparison of statutory language, criminalized conduct differs from that required in California. 		Criminal Law and Procedure Oct. 4, 2006
People v. Ramirez
If pedestrian crossing roadway is not creating immediate hazard to himself or others, officer lacks probable cause to detain and search him. 		Criminal Law and Procedure Oct. 4, 2006
CTC Real Estate Services v. Lepe
Victim of identity theft has right to surplus funds that resulted from fraud even though perpetrator did not receive such funds. 		Criminal Law and Procedure Oct. 4, 2006
In re Schmidt
California Youth Authority may not release on parole person committed under Section 1800 of Welfare and Institutions Code. 		Criminal Law and Procedure Oct. 3, 2006
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