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Name Category Published
People v. Hale
10-year statute of limitations does not bar prosecution for aggravated sexual assault upon child, and prosecution may be commenced at any time. 		Criminal Law and Procedure Mar. 29, 2012
People v. Superior Court (Chapman)
Officers' reentry to seize evidence observed in plain view during protective sweep does not violate Fourth Amendment because protective sweep took priority over evidence seizure. 		Criminal Law and Procedure Mar. 29, 2012
Setser v. U.S.
Defendant's sentence is not unreasonable because statute leaves room for exercise of judicial discretion when choosing to impose concurrent or consecutive sentences. 		Criminal Law and Procedure Mar. 28, 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 Mar. 28, 2012
Reilly v. Superior Court (People)
Recommitment petition must be dismissed where new evaluations conclude that defendant no longer meets criteria for commitment as sexually violent predator. 		Criminal Law and Procedure Mar. 28, 2012
Boysel v. Superior Court (People)
Petition for commitment of sexually violent predator may be filed even if initial evaluators do not concur that defendant meets criteria for commitment. 		Criminal Law and Procedure Mar. 28, 2012
Wright v. Superior Court (People)
Plea of abatement is correctly denied where statutorily required evaluation process had not yet been completed as to whether defendant is sexually violent predator. 		Criminal Law and Procedure Mar. 28, 2012
People v. Romero
Defendant's claim that Hispanics and Asian-Americans are underrepresented on grand juries fails due to lack of evidence of systematic exclusion. 		Criminal Law and Procedure Mar. 27, 2012
U.S. v. Major
For purposes of sentencing on multiple counts for discharging and brandishing firearm during crime of violence, court must determine order in which jury made findings during deliberations. 		Criminal Law and Procedure Mar. 27, 2012
U.S. v. Rodrigues
Despite omission of kickback element in instruction, conviction for honest services theft is proper because omission did not have substantial and injurious effect on verdict. 		Criminal Law and Procedure Mar. 27, 2012
People v. Tuck
Lifetime sex offender registration requirement for defendant convicted of committing lewd act on child under age of 14 does not violate equal protection. 		Criminal Law and Procedure Mar. 27, 2012
U.S. v. Nguyen
Sufficient probable cause exists for issuance of search warrant investigating mailing of letters that could reasonably constitute attempt at voter intimidation. 		Criminal Law and Procedure Mar. 25, 2012
People v. Maharaj
Court may impose consecutive sentences for each of defendant’s four forcible sex offenses that are specified in Penal Code Section 667.6(e). 		Criminal Law and Procedure Mar. 25, 2012
People v. International Fidelity Insurance Co.
Court may not allow bail bond to remain in effect after bond was exonerated by operation of law when defendant was remanded to custody of sheriff. 		Criminal Law and Procedure Mar. 21, 2012
Missouri v. Frye
Defendant who was not informed of plea bargain offers is denied effective assistance of counsel because Sixth Amendment applies to plea bargaining process. 		Criminal Law and Procedure Mar. 21, 2012
Lafler v. Cooper
Where counsel’s ineffective advice led to plea offer’s rejection, defendant must show possibility that outcome of plea process would have been different with competent advice. 		Criminal Law and Procedure Mar. 21, 2012
Martinez v. Ryan
Procedural default does not bar federal habeas court from hearing ineffective-assistance claims if counsel was ineffective in initial-review collateral proceeding. 		Criminal Law and Procedure Mar. 20, 2012
People v. Garcia
Defendant is denied unanimous verdict by 12 jurors where one juror was excused during deliberations after jury reached verdict on multiple counts. 		Criminal Law and Procedure Mar. 20, 2012
People v. Abel
Capital defendant is not entitled to relief on claim of precharging delay where he failed to prove prejudice based on witness' inability to recall information. 		Criminal Law and Procedure Mar. 19, 2012
In re Tom
Prosecution violates Fifth Amendment privilege against self-incrimination by introducing evidence at trial of post-arrest, pre-'Miranda' silence as proof of guilt. 		Criminal Law and Procedure Mar. 19, 2012
City of Susanville v. California Dept. of Corrections and Rehabilitation
Dept. of Corrections and Rehabilitation does not abuse disrection in determining parolee's placement, which was based on requisite statutory mandates and chosen to minimize risk. 		Criminal Law and Procedure Mar. 18, 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 Mar. 18, 2012
U.S. v. Del Toro-Barboza
Evidence is sufficient to support conviction in currency smuggling case where defendants claimed they did not know money was in their car. 		Criminal Law and Procedure Mar. 14, 2012
In re Young
Denial of parole violates due process because consideration of factors was inadequate and reasons were not supported by evidence indicating current dangerousness. 		Criminal Law and Procedure Mar. 14, 2012
People v. Cravens
Court finds sufficient evidence to support conviction for second degree murder on implied malice theory where defendant sucker punched victim, causing death. 		Criminal Law and Procedure Mar. 14, 2012
U.S. v. King
Although police lacked reasonable suspicion to conduct search, suppression of evidence is not required due to probation condition allowing warrantless searches. 		Criminal Law and Procedure Mar. 13, 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 Mar. 12, 2012
People v. Manzo
Conviction for willful discharge of firearm at occupied vehicle stands where defendant stood outside vehicle and gun crossed vehicle’s threshold. 		Criminal Law and Procedure Mar. 8, 2012
People v. Horvath
Aggravated mayhem convictions are proper given that specific intent to maim victim's body parts could be inferred from systematic abuse over time. 		Criminal Law and Procedure Mar. 8, 2012
Pizzuto v. Blades
Defendant is not entitled to file successive motion for habeas relief alleging judicial misconduct where claim was also presented in prior application. 		Criminal Law and Procedure Mar. 8, 2012
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