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Name Category Published
Morales v. Hickman
Requirement that anesthesiologist be present during execution sufficiently ensured condemned would not be subject to undue risk of extreme pain. 		Criminal Law and Procedure Jun. 5, 2006
People v. Allegheny Casualty Co.
Forfeiture of bail must be set aside where Penal Code requires declaration that bail is forfeited 'in open court'. 		Criminal Law and Procedure Jun. 4, 2006
People v. Rubics
Restitution to victim's family was proper in hit and run case because loss was incurred as result of commission of crime. 		Criminal Law and Procedure May 29, 2006
People v. Lee
Despite being inmate himself, offender was properly convicted of conspiracy to furnish controlled substance to persons in custody. 		Criminal Law and Procedure May 29, 2006
Brigham City v. Stuart
Police may enter home without warrant when they have objectively reasonable belief that occupant is seriously injured or threatened with serious injury. 		Criminal Law and Procedure May 25, 2006
People v. Hiscox
Ex post facto claim is proper where prosecutor failed to establish that sentence statute was in effect at time of defendant's offenses. 		Criminal Law and Procedure May 24, 2006
U.S. v. Hagege
Court committed error in viewing U.S. Sentencing Guidelines as mandatory when sentencing defendant for fraud. 		Criminal Law and Procedure May 24, 2006
Freeman on H.C.
Order 		Criminal Law and Procedure May 23, 2006
People v. Johnson
In suppression hearing, prosecution may present investigating officer's affidavit in lieu of live testimony. 		Criminal Law and Procedure May 23, 2006
People v. McGee
Defendant is entitled to jury trial on factual issues regarding prior convictions used to enhance sentence. 		Criminal Law and Procedure May 23, 2006
People v. Shabazz
Defendant sentenced to life without parole cannot receive enhancement of 25 years to life. 		Criminal Law and Procedure May 23, 2006
People v. Lewis
Opinion 		Criminal Law and Procedure May 19, 2006
U.S. v. Grubbs
Facially defective anticipatory search warrant cannot be cured with affidavit that is not presented to property owner. 		Criminal Law and Procedure May 5, 2006
U.S. v. Gonzalez Inc.
Evidence used to support issuance of wiretaps failed to meet statutory necessity requirement. 		Criminal Law and Procedure May 1, 2006
U.S. v. Rutledge
Assets of non-profit corporation controlled by indicted party were not subject to forfeiture where assets were not proceeds of alleged fraud. 		Criminal Law and Procedure May 1, 2006
Day v. McDonough
District court may, on its own initiative, consider timeliness of state prisoner's habeas petition even if state does not contest petition's timeliness. 		Criminal Law and Procedure Apr. 26, 2006
People v. Fisher
At mentally disordered offender hearing, leg restraints were proper where no objection was made and defendant was escape risk. 		Criminal Law and Procedure Apr. 24, 2006
People v. Fulcher
Present testimony of victim that included additional details of sexual act giving rise to prior conviction was admissible at SVP commitment proceeding. 		Criminal Law and Procedure Apr. 23, 2006
People v. Lamb
Defense counsel's failure to disclose information from its accident reconstruction expert violated discovery rules. 		Criminal Law and Procedure Apr. 23, 2006
Williams v. Stewart
Convict's petition for post-conviction relief was properly denied where evidence presented against him was sufficient to support death sentence. 		Criminal Law and Procedure Apr. 19, 2006
Kaua v. Frank
Because public protection finding increased defendant's sentence beyond that authorized by jury's guilty verdict, Sixth Amendment required jury to make finding. 		Criminal Law and Procedure Apr. 11, 2006
U.S. v. Plouffe
Where district court's sentencing approach was reasoned and addressed applicable statutory factors, defendant's sentence is reasonable and will not be disturbed. 		Criminal Law and Procedure Apr. 11, 2006
People v. Mejia-Lenares
Because imperfect self-defense cannot be based on delusion alone, jurors did not have to be instructed to consider evidence of hallucination. 		Criminal Law and Procedure Apr. 10, 2006
U.S. v. Russell
Emergency doctrine supported warrantless search of home on suspicion that victim, or suspect was still inside. 		Criminal Law and Procedure Apr. 10, 2006
Goldyn v. Hayes
Conviction for writing bad checks was improper where accused's bank guaranteed her checks regardless of her account status. 		Criminal Law and Procedure Apr. 10, 2006
U.S. v. Ye
Appellate jurisdiction does not exist under provision of Economic Espionage Act, but mandamus relief is granted. 		Criminal Law and Procedure Apr. 10, 2006
In re Tate
Defendant's nonviolent in-prison conviction is eligible for sentence term credits where it is separate from his violent out-of-prison conviction. 		Criminal Law and Procedure Apr. 7, 2006
County of Orange v. Ranger Insurance Co.
Court did not abuse discretion by delaying bail bond forfeiture in reliance upon defense counsel representations made after speaking with client's sister. 		Criminal Law and Procedure Apr. 7, 2006
U.S. v. Guerrero-Velasquez
For purposes of sentencing guidelines, court must consider charging allegations when determining whether prior conviction under 'Alford' plea is crime of violence. 		Criminal Law and Procedure Apr. 7, 2006
People v. Harco National Insurance Co.
Because insufficient evidence supports finding of sufficient excuse for defendant's failure to appear, trial court erred in forfeiting bail at later date. 		Criminal Law and Procedure Apr. 7, 2006
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