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Name Category Published
People v. Geter
Absent any evidence that victim regained physical possession of money, defendant’s conviction for grand theft from person cannot stand. 		Criminal Law and Procedure Jan. 27, 2012
In re Bratton
Court lacks authority to grant custody credit because petitioner should have presented claim for additional credit to Dept. of Corrections, and then Board of Parole Hearings. 		Criminal Law and Procedure Jan. 26, 2012
U.S. v. Gonzalez
Under joint defense privilege, court must determine when implied agreement between parties ended to decide whether certain communications are discoverable. 		Criminal Law and Procedure Jan. 26, 2012
People v. Thiessen
Defendant’s use of inoperable firearm that victims may not have seen is enough to support firearm enhancement because it showed solidarity with shooter. 		Criminal Law and Procedure Jan. 26, 2012
People v. Quarterman
Prosecution is not permitted to initiate second probation violation proceeding on same ground following failure to sustain burden of proof at first proceeding. 		Criminal Law and Procedure Jan. 25, 2012
Reynolds v. U.S.
Sex Offender Registration and Notification Act does not require pre-Act offenders to comply with registration requirements unless Attorney General specifies they do. 		Criminal Law and Procedure Jan. 24, 2012
U.S. v. Jones
Government may not use evidence obtained through warrantless use of GPS device regardless of whether reasonable expectation of privacy exists. 		Criminal Law and Procedure Jan. 24, 2012
People v. Mil
Omission of elements from instruction on felony-murder special circumstances for non-killer defendant constitutes prejudicial error requiring reversal of conviction. 		Criminal Law and Procedure Jan. 24, 2012
Alvarez v. Hill
Inmate’s RLUIPA claim is properly dismissed where sovereign immunity bars claim and is rendered moot due to inmate's release from custody. 		Criminal Law and Procedure Jan. 23, 2012
Payton v. Superior Court (People)
Conduct credits for good behavior are awarded to prisoners based on amendment in effect when custody is served, not date of crime. 		Criminal Law and Procedure Jan. 23, 2012
People v. James
Jail’s system for legal research does not violate right to self-representation where inmates had reasonable access to materials through legal research assistants. 		Criminal Law and Procedure Jan. 23, 2012
U.S. v. Solorio
Court’s failure to administer oaths to interpreters before translating government informant’s testimony at trial is not plain error warranting reversal. 		Criminal Law and Procedure Jan. 20, 2012
People v. Gram
Court lacks discretion in recommitting defendant in a different facility than facility he was confined in when recommitment petition was filed. 		Criminal Law and Procedure Jan. 20, 2012
Maples v. Thomas
Bar to federal review of state prisoner's habeas claim may be lifted where attorneys abandoned client, who lacked reason to believe he lacked representation. 		Criminal Law and Procedure Jan. 19, 2012
U.S. v. Kuok
In conspiracy case, evidence of duress must be allowed where defendant alleged that Chinese government engaged in specific and direct threats against him. 		Criminal Law and Procedure Jan. 18, 2012
People v. Dyser
First degree burglary and assault with intent to commit rape are lesser included offenses of assault with intent to commit rape during first degree burglary. 		Criminal Law and Procedure Jan. 16, 2012
People v. Hunter
'Pinpoint instruction,' which lightened prosecution’s burden to prove firearm enhancement, is erroneous, but does not require reversal because error was harmless. 		Criminal Law and Procedure Jan. 16, 2012
People v. Nelson
Juvenile’s repeated requests to speak with mother during post-'Miranda' waiver interview is not clear assertion of 'Miranda' rights under circumstances of case. 		Criminal Law and Procedure Jan. 13, 2012
People v. Davis
Order 		Criminal Law and Procedure Jan. 13, 2012
U.S. v. Lopez-Avila
Double jeopardy does not bar retrial following mistrial where prosecutor altered statements from guilty plea hearing to make it seem that defendant lied. 		Criminal Law and Procedure Jan. 13, 2012
Perry v. New Hampshire
Eyewitness identifications can be admitted as evidence where there is no improper police conduct involved in obtaining them. 		Criminal Law and Procedure Jan. 12, 2012
Gonzalez v. Thaler
For state prisoner who does not seek review in state’s highest court, judgment is final for purposes of one-year statute of limitations when time for seeking review expires. 		Criminal Law and Procedure Jan. 11, 2012
Smith v. Cain
Prosecution’s failure to disclose notes containing statements of eyewitness, which alone sufficed to undermine confidence in conviction, amounts to 'Brady' violation. 		Criminal Law and Procedure Jan. 11, 2012
U.S. v. Alcala-Sanchez
Resentencing before different judge is required following government’s breach of plea agreement despite prosecution's admission of mistake and substitution of sentencing recommendation. 		Criminal Law and Procedure Jan. 11, 2012
People v. Holford
In prosecution for possession of child pornography, 25-minute video of child pornography may be shown to jury in its entirety because of high probative value. 		Criminal Law and Procedure Jan. 11, 2012
People v. Clancey
Leniency offer is improper judicial plea bargaining where it was conditioned on defendant pleading to all counts and operated as commitment by court to impose offered sentence. 		Criminal Law and Procedure Jan. 11, 2012
People v. Pearson
Trial court may not excuse prospective juror based on vague views regarding capital punishment where views would not prevent performance of duties. 		Criminal Law and Procedure Jan. 10, 2012
Davenport v. Superior Court (People)
Flaw in protocol used in assessing whether defendant met criteria for commitment as sexually violent predator does not affect court’s jurisdiction over proceedings. 		Criminal Law and Procedure Jan. 9, 2012
U.S. v. Havelock
Defendant who sent threatening communications to media outlets and websites is not guilty of mailing threatening communications because corporations are not natural persons. 		Criminal Law and Procedure Jan. 9, 2012
In re David
Parole residence restriction, which required parolee to live at least 35 miles away from victim, does not apply to victim's next of kin. 		Criminal Law and Procedure Jan. 9, 2012
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