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Name Category Published
Andrade v. California Attorney General
Life sentence for defendant convicted of petty theft with prior convictions for non-violent crimes is unconstitutional. 		Criminal Law and Procedure Mar. 9, 2003
People v. Samples
People's appeal seeking reversal of grant of probation is prohibited by Penal Code Section 1238(d). 		Criminal Law and Procedure Mar. 6, 2003
U.S. v. Cervantes- Valencia
After entering plea agreement, sentencing court improperly credited defendant for time served in state prison. 		Criminal Law and Procedure Mar. 2, 2003
People v. Chambers
Sentence enhancement was proper where trial court impliedly found true use of firearm in commission of crime. 		Criminal Law and Procedure Feb. 28, 2003
People v. Galambos
Physician's recommendation is required to assert Proposition 215's immunity defense for possession or cultivation of medicinal marijuana. 		Criminal Law and Procedure Feb. 28, 2003
In re Morrall
Governor's decision to reverse parole recommendation for convicted murderer had basis in fact. 		Criminal Law and Procedure Feb. 25, 2003
People v. Pierce
In trial where defendant was charged with assault with intent to commit rape, court properly allowed evidence of prior sex offense as propensity evidence. 		Criminal Law and Procedure Feb. 24, 2003
People v. Manuel G.
Amendments of Proposition 21 to Welfare and Institutions Code Section 781 preclude sealing of juvenile records. 		Criminal Law and Procedure Feb. 24, 2003
People v. Robinson
Defendant must reimburse county for costs incurred in preparation of presentence probation report. 		Criminal Law and Procedure Feb. 24, 2003
Miller-El v. Cockrell
Federal court must consider whether state prosecutor excluded jurors in capital murder trial based on race. 		Criminal Law and Procedure Feb. 24, 2003
People v. Kramer
Sentencing court must consider both underlying offense and enhancements in determining sentence under Penal Code Section 654. 		Criminal Law and Procedure Feb. 21, 2003
People v. Edgar
Jury instruction was erroneous as to knowledge requirement of sex offender notice statute. 		Criminal Law and Procedure Feb. 20, 2003
People v. Breazell
Court erroneously imposed criminal fine when defendant had already been fined under separate statute. 		Criminal Law and Procedure Feb. 20, 2003
People v. Bojorquez
Testimony by prosecution's witness regarding gangs' criminal tendencies is prejudicial error. 		Criminal Law and Procedure Feb. 20, 2003
People v. Augborne
For gang enhancement purposes, prosecutor has no duty to prove persons perpetrating predicate offenses were gang members when crimes were committed. 		Criminal Law and Procedure Feb. 20, 2003
People v. Britt
'Special versus general' doctrine does not apply to defeat sex offender's burglary conviction. 		Criminal Law and Procedure Feb. 20, 2003
People v. Superior Court (Martinez)
Defendant who committed non-violent drug possession while on probation for felony weapons offense is ineligible for probation under Proposition 36. 		Criminal Law and Procedure Feb. 20, 2003
Saffold v. Carey
Where defendant's state habeas petition was not denied as untimely, tolling applies and federal petition should be reviewed on merits. 		Criminal Law and Procedure Feb. 18, 2003
U.S. v. Turner
Assignment of restitution paymemt did not constitute violation of restitution order or violation of probation condition. 		Criminal Law and Procedure Feb. 18, 2003
People v. Walker
Two-year sentence enhancement applies when defendant's only on-bail offense is willful failure to appear in court. 		Criminal Law and Procedure Feb. 18, 2003
In re Michele D.
Kidnapping of unresisting child merely requires amount of force required to take child away for illegal purpose with illegal intent. 		Criminal Law and Procedure Feb. 18, 2003
In re Rosenkrantz
Governor's decision to deny parole to prisoner is subject to limited judicial review. 		Criminal Law and Procedure Feb. 18, 2003
People v. McGee
Court improperly denied 'Wheeler' motions which contested prosecutor's use of peremptory challenges. 		Criminal Law and Procedure Feb. 18, 2003
Wilson v. Terhune
Where prisoner filed habeas petition challenging prison disciplinary proceeding, presumption of collateral consequences doesn't apply. 		Criminal Law and Procedure Feb. 17, 2003
U.S. v. Penna
Federal Rule of Criminal Procedure 35(c), which imposes seven-day limitation for court to modify sentence, is strict jurisdictional requirement. 		Criminal Law and Procedure Feb. 17, 2003
U.S. v. Moreno-Cisneros
Under U.S.S.G. Section 2L1.2(b)(1)(A)(i), 'sentence imposed' includes additional incarceration imposed due to revoked probation. 		Criminal Law and Procedure Feb. 11, 2003
People v. Roberge
Court's refusal to give jury instructions amplifying word 'likely' as used in Sexually Violent Predator Act was not prejudicial error. 		Criminal Law and Procedure Feb. 6, 2003
People v. Dominguez
Sentence must be vacated due to factual uncertainties in record and trial court's failure to state reasons for consecutive sentencing. 		Criminal Law and Procedure Feb. 4, 2003
People v. Williams
Defendant wasn't denied right to confront witness when court allowed witness who was domestic violence victim to testify by videotape recording. 		Criminal Law and Procedure Feb. 4, 2003
People v. Feaster
Even though negligent discharge of a firearm qualifies as crime of moral turpitude, it was properly excluded for impeachment purposes. 		Criminal Law and Procedure Feb. 4, 2003
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