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Name Category Published
People v. Olague
Amendment to Penal Code, which increased conduct credit for presentence confinement with respect to persons convicted of serious or violent felonies, does not violate equal protection. 		Criminal Law and Procedure May 7, 2012
Nedds v. Calderon
Federal habeas petitioner, who decides when to file petition in accord with Ninth Circuit precedent that is later overturned by Supreme Court, is entitled to equitable tolling. 		Criminal Law and Procedure May 6, 2012
U.S. v. Ressam
Millennium Bomber’s 22-year sentence is unreasonable where it represented great departure from guidelines and was based on sentencing court’s overvaluation of cooperation. 		Criminal Law and Procedure May 6, 2012
Crosby v. Schwartz
Defendant’s sentence of 26 years to life under Three Strikes Law for failure to comply with sex registration requirements is not cruel and unusual punishment. 		Criminal Law and Procedure May 6, 2012
People v. Thomas
Venue is proper in county where defendant lived and sold drugs even though drugs and firearm were stored in storage locker in neighboring county. 		Criminal Law and Procedure May 3, 2012
Detrich v. Ryan
State court's determination that defendant's counsel performed competently is objectively unreasonable where counsel did not investigate mitigating circumstances in defendant's background. 		Criminal Law and Procedure May 2, 2012
People v. Torres
Police officers do not have exigent circumstance justifying warrantless entry into hotel room where only evidence of marijuana possession was ‘strong smell’ in hallway. 		Criminal Law and Procedure May 2, 2012
People v. Roldan
Witness absent at trial is not ‘unavailable’ in constitutional sense absent showing that prosecution exercised due diligence in preventing his absence at trial. 		Criminal Law and Procedure May 1, 2012
People v. Cornett
Statute prohibiting specified sexual conduct 'with child who is 10 years of age or younger' includes victims who have not yet reached 11th birthday. 		Criminal Law and Procedure Apr. 30, 2012
U.S. v. Dorsey
Witness testimony about seeing defendant with gun prior to shooting is not made inadmissible by Federal Rule of Evidence 404(b) as evidence of ‘other crimes.’ 		Criminal Law and Procedure Apr. 30, 2012
People v. Snow
Imposition of restitution for dental bill, which was caused by uncharged assault perpetrated on victim, does not violate 'Harvey' rule. 		Criminal Law and Procedure Apr. 30, 2012
People v. Vela
Enhancement for fleeing scene of crime is supported by evidence where intoxicated driver disabled vehicle by hitting wall, and then attempted to leave. 		Criminal Law and Procedure Apr. 30, 2012
People v. Valenzuela
Possession of personal identification of multiple victims does not constitute single offense because identity theft is unique theft crime and not mere possession crime. 		Criminal Law and Procedure Apr. 30, 2012
People v. Larsen
Trial court errs by not giving jury instructions for mental disorder where defendant had Asperger's Syndrome and claimed to be 'role playing' when soliciting murder. 		Criminal Law and Procedure Apr. 30, 2012
People v. Johnson
Defendants cannot be properly charged with conspiracy to actively participate in criminal street gang because criminal street gang is essentially form of conspiracy. 		Criminal Law and Procedure Apr. 29, 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 Apr. 29, 2012
People v. Livingston
Although videotaped interview violates right to confront witnesses as testimonial out-of-court statement, error is harmless because videotape was not important to jury. 		Criminal Law and Procedure Apr. 26, 2012
People v. Myles
Defendant fails to show prejudice from joinder where court ordered guilt phase bifurcated so jury could hear evidence in first case without exposure to evidence in other charge. 		Criminal Law and Procedure Apr. 26, 2012
People v. Vasquez
Statement made by codefendant disputing defendant's use of gun is not admissible as declaration against penal interest exception to hearsay rule. 		Criminal Law and Procedure Apr. 26, 2012
U.S. v. Backlund
Under Administrative Procedure Act, defendant may obtain review of Forest Service’s action if procedural requirements for direct review are met within limitations period. 		Criminal Law and Procedure Apr. 26, 2012
People v. Villegas
Sex offender registrant may be convicted for failing to report move and failing to report new address because substantial evidence supported both convictions even if they were based on same conduct. 		Criminal Law and Procedure Apr. 26, 2012
People v. Gisbert
Award of presentence custody credits is unauthorized where defendant was already committed to state prison for earlier burglary conviction. 		Criminal Law and Procedure Apr. 25, 2012
U.S. v. Apel
Convictions for trespassing on air force base cannot stand even though defendant was subject to pre-existing order barring him from base. 		Criminal Law and Procedure Apr. 25, 2012
Wood v. Milyard
Courts of appeals have authority, but not obligation, to raise forfeited timeliness defense on their own initiative in exceptional cases. 		Criminal Law and Procedure Apr. 24, 2012
U.S. v. Milovanovic
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 Apr. 24, 2012
In re Pugh
Parole is properly reinstated where governor’s reversal of decision to grant parole was not supported by 'some evidence' of current dangerousness. 		Criminal Law and Procedure Apr. 24, 2012
Maldonado v. Superior Court (People)
Fifth Amendment does not justify 'prophylactic' measures to ensure prosecution does not make improper use of defendant's statements to prosecution's examiners. 		Criminal Law and Procedure Apr. 23, 2012
Meras v. Sisto
Supreme Court’s decision in ‘Crawford’ does not clearly establish rule that forensic lab reports are testimonial when they are produced in anticipation of litigation. 		Criminal Law and Procedure Apr. 23, 2012
People v. Wells
Trial court commits prejudicial error by failing to instruct jury on defense of 'unconsciousness' where it was clear that defendant was relying on theory as defense. 		Criminal Law and Procedure Apr. 22, 2012
People v. Hernandez
Order barring counsel from consulting with accused about specific evidence does not warrant presumption of prejudice for purpose of proving ineffective assistance of counsel. 		Criminal Law and Procedure Apr. 19, 2012
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