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Name Category Published
U.S. v. Lukashov
Truck driver who sexually abused minor during cross-country trip may be tried in Oregon because sexual abuse continued until minor was returned home. 		Criminal Law and Procedure Sep. 19, 2012
People v. Luna
Sentence of 15 years to life is appropriate when victim's boyfriend kidnapped her from school, and raped her after threatening to kill her. 		Criminal Law and Procedure Sep. 19, 2012
People v. Sorrels
Court's statement of case to prospective jurors is not misconduct given that judge properly directed jury on how to consider comments. 		Criminal Law and Procedure Sep. 19, 2012
U.S. v. Mattix
Ninth Circuit clarifies that sex offenders who failed to register after Aug. 1, 2008 are subject to penalties under Sex Offender Registration and Notification Act. 		Criminal Law and Procedure Sep. 18, 2012
U.S. v. Leal-Del Carmen
Government may not deport alien-witness when it knew she possessed exculpatory information that was material to defendant's criminal case. 		Criminal Law and Procedure Sep. 17, 2012
People v. Kennedy
Sentencing court fails to award presentence credit to defendant who had been in continuous custody due to parole violation, which was later dismissed. 		Criminal Law and Procedure Sep. 17, 2012
People v. Robinson
To assist in funding court operations, court must require defendant to pay two assessment fees following his conviction for petty theft. 		Criminal Law and Procedure Sep. 17, 2012
People v. Brown
New formula for calculating local custody credits cannot be applied retroactively to defendant who had already been convicted prior to enactment of law. 		Criminal Law and Procedure Sep. 14, 2012
U.S. v. Burke
Resident in halfway house, who left before his term was over in volation of his probation, cannot be charged with crime of escaping from custody. 		Criminal Law and Procedure Sep. 14, 2012
People v. Lynch
California's Realignment Act, which provides that only certain felons sentenced after Oct. 1, 2011 will be put in state prison, does not violate equal protection. 		Criminal Law and Procedure Sep. 14, 2012
People v. Kramis
Trial court can impose maximum restitution fine following defendant's conviction, and does not need to submit issue for determination by a jury. 		Criminal Law and Procedure Sep. 14, 2012
U.S. v. Nielsen
For purposes of repeat offender sentencing, defendant’s sentence cannot be enhanced due to his adjudication for sexual assault as a juvenile. 		Criminal Law and Procedure Sep. 13, 2012
In re Taylor
Residency restriction for parolee sex offenders in San Diego County is unconstitutional because it virtually forces them into homelessness. 		Criminal Law and Procedure Sep. 13, 2012
Wood v. Ryan
Prosecutor's questions are not misconduct where prosecutor cross-examined psychologist on whether another doctor had considered hypnotizing defendant. 		Criminal Law and Procedure Sep. 11, 2012
Hibbler v. Benedetti
State court’s failure to hold evidentiary hearing does not render its factual findings unreasonable where evidence presented was sufficient to resolve factual question. 		Criminal Law and Procedure Sep. 11, 2012
People v. Twelve Thousand Six Hundred One Dollars and Thirty-Three Cents ($12,601.33) in U.S. Currency
Defendant is entitled to return of money taken by police, plus any interest earned while money was in interest bearing bank account. 		Criminal Law and Procedure Sep. 11, 2012
People v. Calles
Defendant who drove his vehicle through sidewalk, killing several victims, may be punished separately for vehicular manslaughter of each victim. 		Criminal Law and Procedure Sep. 11, 2012
People v. Dunbar
Office manager may be guilty of forgery after he falsified his company's financial records, even if those records are private. 		Criminal Law and Procedure Sep. 10, 2012
U.S. v Williams
Extortion and mailbox-bombing charges should not be grouped for sentencing purposes when charges involved distinct victims. 		Criminal Law and Procedure Sep. 10, 2012
People v. Robertson
Evidence is sufficient to support conviction for aggravated kidnapping for purpose of committing rape where defendant moved victim from back of garage to front. 		Criminal Law and Procedure Sep. 10, 2012
Spaccia v. Superior Court (People)
Entire district attorney's office cannot be recused from case where alleged conflict was speculative and did not show actual unfairness. 		Criminal Law and Procedure Sep. 7, 2012
Swarthout v. Superior Court (Culver City Police Dept.)
Trial court lacks authority to issue transfer order for inmate in state prison where there is no statutory basis for transfer. 		Criminal Law and Procedure Sep. 6, 2012
People v. Mendez
Defendant cannot appeal court's denial of his motion to reduce restitution fine when the reason for the denial was a lack of jurisdiction. 		Criminal Law and Procedure Sep. 6, 2012
People v. Lopez
Sentence of seven years for conviction for attempting to dissuade witness for benefit of gang is improper because defendant did not threaten force. 		Criminal Law and Procedure Sep. 5, 2012
U.S. v. Guerrero
Appellate court may not review lower court's order, which denied sealed competency hearing, because matter can be reviewed later after trial. 		Criminal Law and Procedure Sep. 4, 2012
In re Coley
25-year-to-life sentence under Three Strikes law is not cruel and unusual for defendant who intentionally refused to comply with sex offender registration obligations. 		Criminal Law and Procedure Aug. 31, 2012
In re Reno
Defendant engages in abusive writ practice by filing second habeas petition that is untimely, 521 pages long, and has 143 claims. 		Criminal Law and Procedure Aug. 31, 2012
U.S. v. Vasquez-Cruz
Appellate court must decline to review whether district court improperly failed to depart from guidelines range when sentencing defendant. 		Criminal Law and Procedure Aug. 31, 2012
Fenenbock v. Director of Corrections for California
Defendant is not entitled to pre-trial access to minor witness where there was no evidence of prosecutorial interference with witness' decision to refuse access. 		Criminal Law and Procedure Aug. 31, 2012
People v. McCoy
Court properly finds two entries into home by defendant for sentencing purposes where jury did not make express finding as to number of entries. 		Criminal Law and Procedure Aug. 30, 2012
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