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Name Category Published
U.S. v. Russell
Officer’s request to conduct search of person for narcotics, along with suspect’s voluntary consent to search, encompasses groin area. 		Criminal Law and Procedure Jan. 6, 2012
People v. Maultsby
Defendant, who pled not guilty and appealed only his admission of prior conviction, may appeal without obtaining certificate of probable cause. 		Criminal Law and Procedure Jan. 6, 2012
U.S. v. Rodriguez-Ocampo
Order of removal that provided no opportunity for judicial review may not be used to support 16-level sentencing enhancement under U.S.S.G. Section 2L1.2(b). 		Criminal Law and Procedure Jan. 3, 2012
In re Shaputis
Reviewing court may not reweigh evidence in rejecting Board of Parole Hearings’s finding of inmate’s unsuitability for parole. 		Criminal Law and Procedure Dec. 30, 2011
Estrella v. Ollison
Court commits harmless error in imposing upper term sentence based on fact of defendant’s prior conviction, which had not been proven beyond reasonable doubt. 		Criminal Law and Procedure Dec. 30, 2011
People v. Archuleta
Admission of testimonial hearsay as basis evidence to support expert opinions does not violate Sixth Amendment's confrontation clause. 		Criminal Law and Procedure Dec. 30, 2011
U.S. v. Valenzuela-Espinoza
Statements made over six hours after defendant’s arrest must be suppressed under ‘McNabb-Mallory’ rule because delay in presenting defendant to magistrate was unreasonable. 		Criminal Law and Procedure Dec. 29, 2011
U.S. v. Shetler
Government fails to bear burden of showing that inculpatory statements to DEA officials were not product of concededly illegal searches of suspect's home and garage. 		Criminal Law and Procedure Dec. 29, 2011
Parker v. Small
Supplemental jury instructions based on 'People v. Moore,' which encouraged deadlocked jury to reach verdict in murder prosecution, is not coercive per se. 		Criminal Law and Procedure Dec. 28, 2011
People v. Davis
Federal prosecution for failing to register as sex offender does not bar subsequent state prosecution because prosecutions did not involve same conduct. 		Criminal Law and Procedure Dec. 28, 2011
People v. Gregerson
Court properly places burden of proof essential for relief by means of outpatient treatment on mentally disordered offender to show suitability for treatment. 		Criminal Law and Procedure Dec. 27, 2011
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 Dec. 27, 2011
People v. Bowman
Prosecution may use defendant’s selective silence in response to questioning after receiving 'Miranda' warnings as adoptive admissions because defendant spoke with detective voluntarily. 		Criminal Law and Procedure Dec. 27, 2011
Opinion of Harris
Victim advocate may not be excluded from interview of sexual assault victim by law enforcement authorities where victim chooses to have advocate present. 		Criminal Law and Procedure Dec. 27, 2011
Harrison v. Board of Parole Hearings (People)
Determination that prisoner meets mentally disordered offender status is improper given that records are doubtful that he was evaluated by qualified health professionals. 		Criminal Law and Procedure Dec. 27, 2011
People v. Ahmed
Court may impose weapon and great-bodily-injury sentencing enhancements for same act under specific statute, despite general statute’s prohibition. 		Criminal Law and Procedure Dec. 23, 2011
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 Dec. 23, 2011
In re Lira
Defendant is not entitled to credit for period of continued incarceration following erroneous denial of parole, but is entitled to credit following Governor’s erroneous veto. 		Criminal Law and Procedure Dec. 22, 2011
People v. Lowery
Although jury was not instructed on objective test for determining whether statement is 'true threat,' lack of instruction does not affect judgment of conviction. 		Criminal Law and Procedure Dec. 21, 2011
People v. Covarrubias
Court errs in admitting expert testimony concerning practices of drug trafficking organizations where no evidence is presented associating defendant with such organization. 		Criminal Law and Procedure Dec. 21, 2011
People v. Eubanks
Medical expert’s reliance on literature and personal experience at coroner’s office regarding blood dilution provides requisite foundation for opinion testimony. 		Criminal Law and Procedure Dec. 20, 2011
People v. Valdez
Password-protected social network Internet page, which contained photographs and other details attributed to defendant, is properly authenticated as evidence. 		Criminal Law and Procedure Dec. 19, 2011
People v. French
Affidavit is insufficient to establish probable cause to issue warrant where corroboration of informants’ statements related to ‘pedestrian’ facts. 		Criminal Law and Procedure Dec. 16, 2011
People v. Murillo
Stay of sentence for personal use of deadly weapon is not required despite imposition of consecutive sentences for deadly weapon and great bodily injury enhancements. 		Criminal Law and Procedure Dec. 16, 2011
Hardy v. Cross
Federal court errs in overturning state court’s reasonable decision regarding witness’s unavailability. 		Criminal Law and Procedure Dec. 13, 2011
Merolillo v. Yates
Expert testimony entered in violation of defendant’s confrontation rights regarding key causation issue in murder trial is not harmless error. 		Criminal Law and Procedure Dec. 13, 2011
People v. Guzman
Medi-Cal fraud conviction is supported by sufficient evidence where defendant knew he was not entitled to payment for less expensive device when submitting claim. 		Criminal Law and Procedure Dec. 13, 2011
U.S. v. Tapia
Court commits plain error in considering defendant’s rehabilitative needs when determining length of sentence. 		Criminal Law and Procedure Dec. 9, 2011
Johnson v. Finn
Due process requires district court to conduct its own evidentiary hearing before rejecting magistrate judge’s credibility following hearing on voir dire issues. 		Criminal Law and Procedure Dec. 9, 2011
People v. Valencia
Single grant of consent does not prohibit subsequent searches if reasonable to conclude that search fell within scope of initial consent. 		Criminal Law and Procedure Dec. 9, 2011
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