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Name Category Published
U.S. v. Jingles
Previous appellate court panel’s ruling on variance on direct appeal precludes review of petitioner’s constructive amendment claim. 		Criminal Law and Procedure Jun. 10, 2012
People v. Mehserle
Evidence is sufficient to support finding that defendant police officer committed involuntary manslaughter where he claimed he intended to use his taser but instead fired his handgun. 		Criminal Law and Procedure Jun. 10, 2012
Magness v. Superior Court (People)
Use of remote control to open garage door does not constitute ‘entry’ justifying charge of completed burglary because there was no physical intrusion into building. 		Criminal Law and Procedure Jun. 7, 2012
People v. Streeter
Record does not support inference of discriminatory purpose in prosecution's peremptory challenges of African-American jurors where prosecution previously accepted jury multiple times with African-American jurors seated. 		Criminal Law and Procedure Jun. 7, 2012
Thompson v. Lea
By granting review of state court's order, California Supreme Court reopens direct review for purpose of resetting statute of limitations for filing federal habeas petition. 		Criminal Law and Procedure Jun. 7, 2012
Barriga v. Superior Court (People)
Absent evidentiary showing of due diligence in discovering incriminating evidence, defendant is entitled to protection against second prosecution. 		Criminal Law and Procedure Jun. 7, 2012
People v. Lazlo
Previously suppressed evidence may be admitted later in probation violation hearing because exclusionary rule does not apply. 		Criminal Law and Procedure Jun. 6, 2012
Xiong v. Felker
Jury misconduct is harmless where consideration of extrinsic evidence is cumulative to evidence already presented in court. 		Criminal Law and Procedure Jun. 5, 2012
People v. Mason
Imposition of booking fee on person arrested by local agency without showing that arrestee was able to pay does not violate equal protection. 		Criminal Law and Procedure Jun. 5, 2012
People v. Mesa
Defendant gang member, who shot two victims, cannot be punished for participating in criminal street gang in addition to assault with firearm and possession of firearm by felon. 		Criminal Law and Procedure Jun. 4, 2012
People v. Villalobos
Imposition of restitution fine does not violate plea agreement although parties did not negotiate specific amount and court did not mention fine in plea colloquy. 		Criminal Law and Procedure Jun. 4, 2012
People v. Vargas
Multiple convictions arising from same conduct is factor to consider when determining whether to dimissis strike allegation, and not dispositive of motion. 		Criminal Law and Procedure Jun. 4, 2012
Burgos v. Superior Court (People)
Assigned prosecutor's multiple continuances of murder trial do not violate defendant's speedy trial rights where prosecutor was engaged in another trial. 		Criminal Law and Procedure May 31, 2012
People v. Mena
Defendant does not forfeit right to appeal denial of his request for physical identification lineup prior to preliminary hearing by failing to pursue writ relief. 		Criminal Law and Procedure May 31, 2012
Sharp v. Superior Court (People)
Penal Code Section 1054.3(b) authorizes compelled examination by prosecution-retained mental health expert where defendant pleads not guilty by reason of insanity. 		Criminal Law and Procedure May 31, 2012
People v. Souza
Trial court erroneously imposes restitution orders by applying law applicable at time capital defendant was sentenced, rather than law applicable at time of crimes. 		Criminal Law and Procedure May 31, 2012
U.S. v. Gomez-Hernandez
Sentencing enhancement is properly applied to defendant previously deported after conviction for crime of violence because Arizona's attempted aggravated assault offense requires specific intent. 		Criminal Law and Procedure May 31, 2012
U.S. v. Perea-Rey
Warrant is required for search of carport, which was within home’s curtilage and could be seen from sidewalk. 		Criminal Law and Procedure May 31, 2012
Juror Number One v. Superior Court (Royster)
Juror's Facebook postings, which were made during trial, are not protected by Stored Communications Act and must be produced for court's misconduct inquiry. 		Criminal Law and Procedure May 31, 2012
Lewis v. Ayers
Competency determination in capital habeas proceeding is not appealable collateral order because question of competency remains open throughout habeas proceeding. 		Criminal Law and Procedure May 30, 2012
U.S. v Leal-Vega
Federal 16-level sentencing enhancement for unlawful reentry applies to drug conviction based on record of conviction only, not state statute. 		Criminal Law and Procedure May 30, 2012
Flournoy v. Small
California court's decision to admit testimony of forensic analyst, which was based on reports of other crime lab employees, does not violate Confrontation Clause. 		Criminal Law and Procedure May 30, 2012
Barriga v. Superior Court (People)
Absent evidentiary showing of due diligence in discovering incriminating evidence, defendant is entitled to protection against second prosecution. 		Criminal Law and Procedure May 30, 2012
Phillips v. Ornoski
Prosecution's effort to conceal plea deal with witness violates defendant's due process rights where testimony was material to special circumstances finding. 		Criminal Law and Procedure May 29, 2012
Coleman v. Johnson
Federal court may not overturn state court decision, which rejected petitioner's sufficiency of evidence challenge, unless state court’s decision was ‘objectively unreasonable.’ 		Criminal Law and Procedure May 29, 2012
Ordonez v. U.S.
Sovereign immunity bars money damages award against government on motion seeking return of seized property, even if property cannot be returned. 		Criminal Law and Procedure May 29, 2012
U.S. v. Johnson
Government need not prove that false statements related to lawfulness of underlying sale to sustain conviction for making false statement about information required to be kept by federally licensed firearms dealer. 		Criminal Law and Procedure May 29, 2012
U.S. v. Harris
Unexplained absence of original judge and subsequent sentencing by visiting judge, who was not sufficiently familiar with record, violates Federal Rule of Criminal Procedure 25(b). 		Criminal Law and Procedure May 28, 2012
Rezek v. Superior Court (People)
Statements of witnesses to crime are not immune from discovery when they were obtained due to internal affairs investigation and placed in officer’s personnel file. 		Criminal Law and Procedure May 28, 2012
Blueford v. Arkansas
Double jeopardy does not bar defendant from being retried on capital murder where jury foreperson reported that jury was unanimous against murder charges before deliberations concluded. 		Criminal Law and Procedure May 24, 2012
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