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Name Category Published
U.S. v. Gonzalez-Aparicio
Plain-error standard applies in determining sentencing error where defendant failed to object to enhancement in prior proceedings. 		Criminal Law and Procedure Nov. 17, 2011
Robey v. Superior Court (People)
Officer electing to seize package with strong odor of marijuana, instead of conducting immediate search, must obtain warrant before opening it. 		Criminal Law and Procedure Nov. 16, 2011
People v. Nelson
Definition of ‘driving’ under Vehicle Code Section 23123 prohibiting telephone use without hands free device includes use while momentarily stopped at traffic light. 		Criminal Law and Procedure Nov. 15, 2011
People v. Kingsberry
Court properly corrects sentencing error by increasing defendant’s term in prison from four years, which was unauthorized under sentencing triad, to six years. 		Criminal Law and Procedure Nov. 14, 2011
People v. Hernandez
Defendant’s statements to police regarding victim’s consciousness, as well as victim's testimony, constitute substantial evidence supporting conviction for rape of unconscious person. 		Criminal Law and Procedure Nov. 14, 2011
People v. Mendoza
Trial court lacks authority to strike lying-in-wait special circumstance where jury found special circumstance to be true. 		Criminal Law and Procedure Nov. 11, 2011
People v. Santana
Jury instruction on attempted mayhem, which included 'gunshot wound' as example, improperly focuses on intent to injure, instead of nature of injury. 		Criminal Law and Procedure Nov. 11, 2011
Schad v. Ryan
District court properly denies ineffective assistance of counsel claim at penalty phase without holding evidentiary hearing to consider additional mitigating evidence. 		Criminal Law and Procedure Nov. 11, 2011
People v. Hernandez
Evidence of prior uncharged sexual offenses is properly admitted where offenses involved similar incidents and passage of time did not affect evidence’s admissibility. 		Criminal Law and Procedure Nov. 11, 2011
People v. Miranda
Manner in which child victim testified regarding sexual molestation is sufficient evidence to show her lack of capacity to consent to sexual acts. 		Criminal Law and Procedure Nov. 10, 2011
Greene v. Fisher
Habeas relief is properly denied where state court’s adjudication of defendant’s claim on merits predated Supreme Court’s decision affecting defendant’s claim. 		Criminal Law and Procedure Nov. 9, 2011
People v. Hall
Trial court may refuse to instruct jury on uncharged lesser-related offense even if both prosecution and defense have agreed that court could issue instruction. 		Criminal Law and Procedure Nov. 8, 2011
Bobby v. Dixon
Murder confession is admissible despite prior unwarned admission to forgery where suspect initially denied involvement with victim's disappearance. 		Criminal Law and Procedure Nov. 8, 2011
U.S. v. Ceballos
Non-binding housing designation recommendation by district court to Bureau of Prisons may not be appealed. 		Criminal Law and Procedure Nov. 8, 2011
Ditullio v. Boehm
Trafficking Victims Protection Act permits victim to recover punitive damages, but does not apply retroactively to conduct occurring before its effective date. 		Criminal Law and Procedure Nov. 8, 2011
In re Efstathiou
Statutory amendment, which makes prison gang members placed in administrative segregation units ineligible for conduct credits, does not violate ex post facto. 		Criminal Law and Procedure Nov. 7, 2011
People v. Evans
Warrantless search of vehicle is unconstitutional where arrestee is detained and officers have no reasonable belief evidence related to offense would be found. 		Criminal Law and Procedure Nov. 7, 2011
People v. Carlson
Court properly declines to instruct jury that voluntary intoxication resulting in unconsciousness can reduce charge of murder to involuntary manslaughter. 		Criminal Law and Procedure Nov. 4, 2011
People v. The North River Insurance Co.
Relief from judgment due to attorney mistake may be applied to bail bond forfeiture proceedings where bail agent’s petition was timely. 		Criminal Law and Procedure Nov. 4, 2011
People v. Davis
Reports prepared by nontestifying physicians are not 'testimonial' out-of-court statements and as such, they are admissible under Sixth Amendment. 		Criminal Law and Procedure Nov. 3, 2011
People v. Ruffin
Mandatory lifetime sex offender registration requirement for prison inmates who commit acts of oral copulation with consenting adults violates equal protection. 		Criminal Law and Procedure Nov. 3, 2011
U.S. v. Harvey
Under Federal Controlled Substances Act Section 844(a), meaning of 'order' does not include recommendation from physician pursuant to Compassionate Use Act. 		Criminal Law and Procedure Nov. 3, 2011
People v. Nunes
Defendants may be punished separately for active participation in criminal street gang charge, which was not based solely on underlying felony convictions. 		Criminal Law and Procedure Nov. 2, 2011
People v. Crivello
Prosecution may not seek recommitment of defendant for mental treatment following court’s determination of reasonable doubt as to whether disorder was causative in crime. 		Criminal Law and Procedure Nov. 2, 2011
People v. Robinson
Court errs in staying gang enhancement where imposition of sentencing enhancements is governed by more specific of two conflicting statutes on matter. 		Criminal Law and Procedure Nov. 2, 2011
U.S. v. Sanchez
Prosecutor’s statements urging jury against acquittal in case that rested on defendant’s credibility prejudices defendant's trial and warrants reversal of conviction. 		Criminal Law and Procedure Nov. 2, 2011
Cavazos v. Smith
Ninth Circuit errs in setting aside jury verdict due to insufficient evidence although evidence existed to find elements of crime beyond reasonable doubt. 		Criminal Law and Procedure Nov. 1, 2011
People v. Vang
Expert testimony is proper when based on hypothetical questions rooted in facts shown by evidence of case. 		Criminal Law and Procedure Nov. 1, 2011
U.S. v. Caruto
Instruction to grand jury to ignore potential punishment in deciding whether to convict does not violate Fifth Amendment. 		Criminal Law and Procedure Nov. 1, 2011
Boyer v. Belleque
Sufficient evidence supports conviction for attempted aggravated murder where defendant knew he had AIDS, and sexually abused victims without wearing condom. 		Criminal Law and Procedure Oct. 31, 2011
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