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Name Category Published
Nitschke v. Belleque
Where state court ruling merely categorizes federal claim without reaching merits, decision is independent and adequate state ground precluding federal habeas review. 		Criminal Law and Procedure May 24, 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 May 24, 2012
People v. Le
Trial court properly admits testimony regarding uncharged shootings, which described two prior incidents of gang members shooting at other gang members. 		Criminal Law and Procedure May 24, 2012
People v. Gabriel
Prior felony convictions for possession of assault weapon and cultivation of marijuana involve moral turpitude and are admissible to impeach defendant's credibility. 		Criminal Law and Procedure May 24, 2012
Stanley v. Superior Court (People)
Trial court reasonably believes that defendant consented to mistrial where jury was dismissed due to inability of multiple jurors to serve. 		Criminal Law and Procedure May 23, 2012
U.S. v. Romo-Chavez
Defendant’s admissions to police officers are not inadmissible under hearsay rule where translator who facilitated questioning would not qualify as court interpreter. 		Criminal Law and Procedure May 23, 2012
People v. Singh
Defendant does not have constitutional right to be personally present during jury deliberations when jury conducts experiment by reenacting situation. 		Criminal Law and Procedure May 23, 2012
U.S. v. Milanovic
In proving breach of fiduciary duty as element of honest services mail fraud, trust relationship where one party acts for another's benefit and induces party to relax vigilance is sufficient. 		Criminal Law and Procedure May 22, 2012
U.S. v. Carpenter
Defendant fails to make timely and unequivocal request for self-representation where request was not made until after prosecution rested and defendant did not make request himself. 		Criminal Law and Procedure May 22, 2012
People v. Lueth
Failure to give unanimity instruction on charge of inflicting corporal injury on cohabitant is harmless when defendant's acts were so closely connected in time as to form part of one transaction. 		Criminal Law and Procedure May 22, 2012
In re Hunter
Denial of parole is not supported by 'some evidence' where record contained no evidence that inmate's description of his crime was untruthful. 		Criminal Law and Procedure May 20, 2012
People v. Fulton
Warantless seizure of DNA evidence from defendant’s genitalia violates Fourth Amendment rights absent showing of exigent circumstances justifying immediate seizure. 		Criminal Law and Procedure May 20, 2012
Rodgers v. Marshall
Denial of request for reappointment of counsel during post-trial proceedings based on defendant's choice to represent himself at trial violates Sixth Amendment right to counsel. 		Criminal Law and Procedure May 17, 2012
U.S. v. Cervantes
Community caretaking exception to warrant requirement does not apply where vehicle impoundment and inventory search constituted pretext to look for narcotics. 		Criminal Law and Procedure May 16, 2012
People v. Breslin
Defendant fails to show good cause to support motion to withdraw guilty plea where victim’s recantation occurred after she entered her guilty plea. 		Criminal Law and Procedure May 16, 2012
People v. Shokur
Nonstatutory motion to set aside conviction based on alleged ineffectiveness of counsel for failing to explain immigration consequences of plea does not provide remedy. 		Criminal Law and Procedure May 16, 2012
Bracher v. Superior Court (People)
Application of local rule requiring that misdemeanor defendants appear at mandatory settlement conferences is invalid because it is inconsistent with statutory scheme. 		Criminal Law and Procedure May 16, 2012
Lopez v. Ryan
District court properly denies Federal Rule of Civil Procedure 60(b) motion seeking relief under ‘Martinez’ because defendant failed to show that defaulted claim was substantial. 		Criminal Law and Procedure May 15, 2012
Lopez v. Brewer
Mere presence of pain brought on by execution method does not establish substantial risk of serious harm to qualify as cruel and unusual punishment. 		Criminal Law and Procedure May 15, 2012
People v. Kendrid
District attorney is not precluded from seeking petition to extend defendant's civil commitment where medical director recommended against extension. 		Criminal Law and Procedure May 15, 2012
Sexton v. Cozner
Procedural default will not bar federal habeas court from hearing ineffective assistance of trial counsel claim if claim is substantial. 		Criminal Law and Procedure May 14, 2012
U.S. v. Hieng
District court reasonably presumes that defendant's failure to object to admission of statements made during proffer meeting amounted to previous waiver of rights. 		Criminal Law and Procedure May 13, 2012
People v. Chavez
Conspiracy to commit burglary conviction is unsupported where co-conspirators had no agreement to enter building, but only to steal gasoline within fenced yard. 		Criminal Law and Procedure May 13, 2012
Thomas v. Chappell
Capital defendant is prejudiced by his attorney’s ineffectiveness in failing to investigate and locate witnesses to corroborate testimony of defense's only witness. 		Criminal Law and Procedure May 10, 2012
U.S. v. Zhou
Misdemeanor for obtaining health information in violation of Health Insurance Portability and Accountability Act of 1996 is not limited to defendants who knew that their actions were illegal. 		Criminal Law and Procedure May 10, 2012
U.S. v. Vallee
Summons on petition to revoke supervised release is valid to extend jurisdiction when it is signed and issued by clerk at direction of judge. 		Criminal Law and Procedure May 10, 2012
People v. Wade
Conviction for grand theft should be reduced to petty theft because Legislature intended for amendment redefining grand theft to be applied retroactively. 		Criminal Law and Procedure May 9, 2012
Ward v. Chavez
Restitution order for 'immediate' payment without considering financial resources is unlawful because court implicitly delegated obligation to schedule payments to Bureau of Prisons. 		Criminal Law and Procedure May 8, 2012
People v. Jones
Prior sexual offense is admissible to show predisposition to commit present offense where both assaults were accomplished within short time period after gaining access to victim. 		Criminal Law and Procedure May 7, 2012
People v. Dunn
Motion for mistrial based on expert witness’s unexpected unavailability is correctly denied because defendant’s chances of receiving fair trial were not irreparably damaged. 		Criminal Law and Procedure May 7, 2012
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