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Name Category Published
Noble v. Adams
District court errs in dismissing petition as untimely without conducting further analysis of California law to determine when petitioner’s first petition was no longer pending. 		Criminal Law and Procedure Apr. 19, 2012
People v. Bejasa
Court’s failure to suppress statements defendant made to police after being handcuffed and placed in police car, before receiving 'Miranda' advisement, is harmless. 		Criminal Law and Procedure Apr. 19, 2012
People v. Durant
Motion to suppress search is properly denied where officer was aware of defendant's probation search condition before search, which dissipated taint of illegal traffic detention. 		Criminal Law and Procedure Apr. 19, 2012
U.S. v. Austin
Court lacks jurisdiction to reduce defendant’s sentence under 18 U.S.C. Section 3582(c)(2) where imposed sentence was based on parties’ plea agreement and not on sentencing guidelines range. 		Criminal Law and Procedure Apr. 18, 2012
Cross v. Sisto
District court must treat California Supreme Court’s denial of habeas petition, which cited to 'Ex parte Swain,' as grant of demurrer, rendering petition deficient yet properly filed. 		Criminal Law and Procedure Apr. 18, 2012
People v. Borg
Prospective application of amendment to statute increasing award of presentence conduct credits does not violate defendant's equal protection rights. 		Criminal Law and Procedure Apr. 18, 2012
People v. Finney
Convictions based on attack of one victim may not be treated as one strike because time difference between two assaults sufficiently separated incidents. 		Criminal Law and Procedure Apr. 18, 2012
In re Morganti
Inmate’s lack of insight into his substance abuse supports denial of parole only if it is rationally indicative of inmate’s current dangerousness. 		Criminal Law and Procedure Apr. 17, 2012
U.S. v. Swank
Under Sentencing Guidelines, defendant is subject to enhancement for offense of Abusive Sexual Conduct where he was entrusted with parent-like authority over child victim. 		Criminal Law and Procedure Apr. 16, 2012
People v. Weaver
Verdict of death is upheld where defendant was sufficiently informed that he was giving up right to appeal pretrial rulings following waiver of jury right. 		Criminal Law and Procedure Apr. 16, 2012
People v. Allexy
In choosing to impose sex offender registration on defendant whose crime does not require registration, court may not defer decision to impose requirement following sentencing. 		Criminal Law and Procedure Apr. 16, 2012
U.S. v. Kelly
Hague Convention does not supersede federal criminal statutes prohibiting destruction of government property, which is used to protect nuclear weapons. 		Criminal Law and Procedure Apr. 15, 2012
U.S. v. Goodbear
Sentencing enhancement for use of minor to avoid detection of offense is appropriate where it was reasonable to assume that defendant knew her husband would tell their son to lie to investigators. 		Criminal Law and Procedure Apr. 15, 2012
Brown v. Ahern
Absent extraordinary circumstances, federal court is prohibited from entertaining preconviction habeas petition raising Speedy Trial claim as affirmative defense to state prosecution. 		Criminal Law and Procedure Apr. 12, 2012
People v. Kurtenbach
Sentence for vandalism is stayed pursuant to Penal Code Section 654 where vandalism is part of single objective and part of indivisible transaction to commit arson. 		Criminal Law and Procedure Apr. 12, 2012
People v. Baker
Although some expert witness testimony constituted incompetent hearsay, substantial evidence supports finding that prisoner qualified as mentally disordered offender. 		Criminal Law and Procedure Apr. 11, 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 Apr. 10, 2012
U.S. v. Nosal
Criminal act of 'exceeding authorized access' under Computer Fraud and Abuse Act is limited to violations of restrictions on access to information, rather than use restrictions. 		Criminal Law and Procedure Apr. 10, 2012
U.S. v. Manzo
Counsel's performance is deficient due to failure to anticipate that offenses would be grouped for sentencing and advise withdrawal from plea agreement. 		Criminal Law and Procedure Apr. 5, 2012
People v. Self
Notations on foreign judgment of conviction cannot be used to enhance conviction where notations were not relevant to determination of crime defendant committed. 		Criminal Law and Procedure Apr. 4, 2012
U.S. v. Onyesoh
Government must prove usability of expired credit card numbers for district court to enhance sentence for access device fraud. 		Criminal Law and Procedure Apr. 4, 2012
Schneider v. McDaniel
Pro se petitioner’s mental condition cannot serve as cause for procedural default when petitioner remains able to apply to state court for post-conviction relief. 		Criminal Law and Procedure Apr. 4, 2012
People v. Wright
Court does not have duty to instruct jury on intoxication and unconsciousness where substantial evidence of unconsciousness and intoxication did not exist. 		Criminal Law and Procedure Apr. 4, 2012
People v. Finney
Convictions based on attack of one victim may not be treated as one strike because time difference between two assaults sufficiently separated incidents. 		Criminal Law and Procedure Apr. 3, 2012
People v. Western Insurance Co.
In bail forfeiture action, equitable tolling of appearance period for defendant who fled to another county is not required during extradition process. 		Criminal Law and Procedure Apr. 2, 2012
Florence v. Board of Chosen Freeholders of County of Burlington
Invasive searches during prison intake process are not unreasonable, even for new detainees arrested for minor offenses. 		Criminal Law and Procedure Apr. 2, 2012
Vasquez v. U.S.
Improvidently granted writ of certiorari is dismissed by Supreme Court. 		Criminal Law and Procedure Apr. 2, 2012
Wentzell v. Neven
Petitioner does not need to obtain leave from appellate court to file second habeas petition where new judgment intervenes between two petitions. 		Criminal Law and Procedure Apr. 2, 2012
Ben-Sholom v. Ayers
Evidentiary hearing on defendant’s claim of ineffective assistance of counsel during guilt phase is not required where defendant fails to establish prejudice. 		Criminal Law and Procedure Apr. 2, 2012
In re Morganti
Inmate’s lack of insight into his substance abuse supports denial of parole only if it is rationally indicative of inmate’s current dangerousness. 		Criminal Law and Procedure Mar. 29, 2012
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