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Name Category Published
People v. Kunath
If concurrent sentences are imposed for unrelated crimes, defendant is entitled to presentence credits on each sentence where he is not also in postsentence custody for other crime. 		Criminal Law and Procedure Mar. 8, 2012
U.S. v. Whitney
Government breaches plea agreement by disclosing defendant’s admissions and urging imposition of sentence above low end of guidelines range. 		Criminal Law and Procedure Mar. 7, 2012
People v. Wensinger
Double jeopardy bars defendant's conviction for making criminal threats where earlier trial found there was insufficient evidence that he made those threats. 		Criminal Law and Procedure Mar. 7, 2012
Martel v. Clair
District court properly rejects defendant's substitution motion because motion came after proceedings had closed and new attorney could not have done anything. 		Criminal Law and Procedure Mar. 5, 2012
USA v. Loughner
Hospital's decision to administer involuntary medication does not violate defendant's substantive due process rights because defendant was danger to himself and others. 		Criminal Law and Procedure Mar. 5, 2012
In re Lucas
Although regulation’s ‘good cause’ definition in sexually violent predator evaluation proceeding is invalid, court’s reliance on regulation was excusable good faith mistake. 		Criminal Law and Procedure Mar. 5, 2012
People v. Accredited Surety and Casualty Co. Inc.
Court lacks jurisdiction to recall forfeited bond where surety fails to file motion to vacate forfeiture and exoneration period was not tolled. 		Criminal Law and Procedure Mar. 1, 2012
People v. Goldsmith
Computer record showing defendant beating red light is properly admitted because admission of foundational testimony showing accuracy and reliability is not required. 		Criminal Law and Procedure Mar. 1, 2012
U.S. v. White
Defendant’s disagreement with his attorneys and inability to control his temper in courtroom does not raise bona fide doubt that he lacked competency. 		Criminal Law and Procedure Feb. 29, 2012
James v. Ryan
Counsel’s failure to investigate and present mitigating evidence of defendant’s life history, mental incapacity, and substance abuse constitutes deficient performance. 		Criminal Law and Procedure Feb. 29, 2012
U.S. v. Bolivar
Search of backpack in probationer’s residence falls within permissible bounds of probation search where police had reasonable suspicion that probationer owned and controlled item. 		Criminal Law and Procedure Feb. 29, 2012
People v. Schoenbachler
Granddaughter is guilty of financial elder abuse for willfully causing unjustified pain to grandmother by embezzling annuity and moving her into filthy facility. 		Criminal Law and Procedure Feb. 29, 2012
People v. Casarez
False impersonation requires more than merely offering of identifying document to support impersonator’s false claim of identity for purposes of elevating crime to felony. 		Criminal Law and Procedure Feb. 28, 2012
Towery v. Ryan
Counsel’s failure to raise habeas petitioner’s colorable claim does not constitute abandonment absent showing that petitioner was deprived of opportunity to be heard. 		Criminal Law and Procedure Feb. 28, 2012
Moormann v. Schriro
Petitioner cannot file successive habeas petition under abandonment theory where records showed that he was always represented by active counsel. 		Criminal Law and Procedure Feb. 28, 2012
People v. Lyu
Convictions for sexual penetration and oral copulation of unconscious person are not supported by substantial evidence where victim instantly knew acts occurred. 		Criminal Law and Procedure Feb. 28, 2012
People v. Rouse
Defendant cannot argue insufficiency of evidence in challenging conviction for sexual abuse of child where jury found duress was present under circumstances. 		Criminal Law and Procedure Feb. 28, 2012
People v. Scott
Prohibition on visitation between qualified prisoners and child victims does not affect visitation between adult victims and their childhood abusers. 		Criminal Law and Procedure Feb. 28, 2012
People v. Briseno
Defendant’s failure to obtain certificate of probable cause on claim challenging guilty plea, which was previously dismissed for same reason, precludes appellate review. 		Criminal Law and Procedure Feb. 28, 2012
People v. Tuggle
Defendant's fingerprints found on vase in regularly cleaned model home, which had been closed to public, is enough to support burglary conviction. 		Criminal Law and Procedure Feb. 26, 2012
People v. Smith
Trial court has discretion to dismiss ‘strike’ and must consider particulars of defendant’s background, including his mental illness, in exercising discretion. 		Criminal Law and Procedure Feb. 26, 2012
People v. Cardwell
Burglary conviction under Penal Code Section 464 is unsupported because defendant was not inside building before using torch to cut hole in store's door. 		Criminal Law and Procedure Feb. 23, 2012
People v. Thomas
Separate murder charge is properly joined with charges related to killing of police officers because each involved murder and there was no clear showing of prejudice. 		Criminal Law and Procedure Feb. 23, 2012
People v. Haraszewski
Defendant may be convicted of multiple violations for each act of knowing duplication of child pornography with intent to distribute to minors. 		Criminal Law and Procedure Feb. 23, 2012
People v. Kunath
If concurrent sentences are imposed for unrelated crimes, defendant is entitled to presentence credits on each sentence where he is not also in postsentence custody for other crime. 		Criminal Law and Procedure Feb. 23, 2012
People v. Mata
Court errs in reseating prospective juror, who prosecution improperly challenged based on race, instead of discharging venire, where defendant did not consent to reseating. 		Criminal Law and Procedure Feb. 23, 2012
People v. Colvin
Qualified patient operating legitimate dispensary is entitled to defense on charge of transporting marijuana from one dispensary to another for medical purposes. 		Criminal Law and Procedure Feb. 23, 2012
Howes v. Fields
Isolation of prisoner for questioning about criminal involvement prior to incarceration is insufficient to create custodial interrogation situation within meaning of ‘Miranda.’ 		Criminal Law and Procedure Feb. 22, 2012
Wetzel v. Lambert
State court's decision that potentially exculpatory police activity sheet was mere ambiguously worded notation and too speculative is reasonable. 		Criminal Law and Procedure Feb. 22, 2012
Mardesich v. Cate
Defendant untimely files claims for habeas relief where they are predicated upon denial of administrative appeal, which became final 18 months prior to filing. 		Criminal Law and Procedure Feb. 22, 2012
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