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Name Category Published
U.S. v. Wilson
Government’s interest in seized property used to facilitate crime is eliminated following victim’s showing of interest in fraudulently obtained property. 		Criminal Law and Procedure Oct. 31, 2011
U.S. v. Newman
District court errs in declining to impose criminal forfeiture in amount that was indisputably traceable to defendant’s commission of bank robberies. 		Criminal Law and Procedure Oct. 31, 2011
People v. Thomas
Defendant does not have expectation of privacy in saliva left on preliminary alcohol screening device and thus, subsequent DNA testing does not constitute search. 		Criminal Law and Procedure Oct. 31, 2011
U.S. v. Williams
Defendant is guilty of advertising distribution of child pornography, even if he did not personally produce images, because he knowingly distributed images. 		Criminal Law and Procedure Oct. 28, 2011
Schultz v. Tilton
Jury instruction does not violate due process clause where it stated that finding defendant committed prior sexual offenses by preponderance of evidence is insufficient to prove commission of crimes. 		Criminal Law and Procedure Oct. 28, 2011
Seeboth v. Mayberg
Appeal of habeas petition is moot where it did not challenge commitment as sexually violent predator for indeterminate term based on proceeding that was legitimate. 		Criminal Law and Procedure Oct. 28, 2011
In re Douglas
Court errs in granting habeas petition that was filed more than decade after defendant had notice of legal basis for petition. 		Criminal Law and Procedure Oct. 28, 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 Oct. 27, 2011
People v. Davis
MDMA qualifies as ‘controlled substance’ because chemical name of substance contains ‘methamphetamine,’ which is defined as controlled substance. 		Criminal Law and Procedure Oct. 27, 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 Oct. 27, 2011
U.S. v. Carona
Defendant who tried to persuade witness to provide false testimony commits witness tampering even if he did not want witness to withhold all testimony. 		Criminal Law and Procedure Oct. 26, 2011
People v. Sanchez
Positioning of deputy near defendant during testimony is not inherently prejudicial where court has discretion to maintain such security measures. 		Criminal Law and Procedure Oct. 26, 2011
U.S. v. Reveles
Non-judicial punishment administered by Navy is not criminal in nature and thus, does not implicate Double Jeopardy Clause. 		Criminal Law and Procedure Oct. 25, 2011
Doe v. Busby
Equitable tolling is appropriate for prisoner’s habeas petition where prior counsel’s actions were severely egregious and prisoner used reasonable diligence in pursuing petition. 		Criminal Law and Procedure Oct. 25, 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 Oct. 25, 2011
In re Lucero
California Supreme Court ruling, which held that shooting at occupied vehicle no longer provides predicate for application of felony-murder rule, applies retroactively. 		Criminal Law and Procedure Oct. 25, 2011
U.S. v. Rizk
Although prior settlement does not preclude criminal restitution order, court improperly awards mortgage fraud victims amount greater than their actual losses. 		Criminal Law and Procedure Oct. 20, 2011
People v. Hoover
Court is not limited to one year in determining length of time within which defendant must make periodic payments of probation fees. 		Criminal Law and Procedure Oct. 20, 2011
U.S. v. Wilkes
Court may compel defense witness’s immunity absent prosecutorial misconduct where fact-finding process would be distorted through prosecution’s decisions. 		Criminal Law and Procedure Oct. 19, 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 Oct. 18, 2011
U.S. v. Carper
Night-vision devices do not qualify as ‘non-fully automatic small arms’ for purposes of calculating sentence of defendant convicted of illegal exportation. 		Criminal Law and Procedure Oct. 16, 2011
People v. Williams
Motion to withdraw plea is untimely where motion was filed after court sentenced defendant to prison, and suspended sentence pending completion of probation. 		Criminal Law and Procedure Oct. 16, 2011
People v. Espiritu
Trial court errs in ordering further deliberations after jury returned ‘not true’ verdict regarding allegation court determined to be inconsistent with other jury findings. 		Criminal Law and Procedure Oct. 16, 2011
People v. Lopez
Special instruction on imminent danger does not foreclose application of imperfect self-defense where there is no likelihood of confusion over meaning of imminence. 		Criminal Law and Procedure Oct. 16, 2011
U.S. v. Urena
Refusal to instruct on self-defense is proper where defendant claimed that use of derogatory word was serious threat, which made him feel that he was in danger. 		Criminal Law and Procedure Oct. 13, 2011
U.S. v. Reyes
Allegations of prosecutorial misconduct are insufficient to vacate CEO's securities fraud conviction because evidence showing personal profits from granting of stock options was not false. 		Criminal Law and Procedure Oct. 13, 2011
U.S. v. McEnry
Court errs in using personal conduct, instead of offense’s elements, in choosing analogous sentencing guideline for defendant convicted of serving as airman without certificate. 		Criminal Law and Procedure Oct. 13, 2011
Ochoa v. Superior Court (Glasgow)
In proceeding challenging denial of parole, court abuses discretion by ordering disclosure of or nonreliance on confidential information from prison informants. 		Criminal Law and Procedure Oct. 13, 2011
James v. Schriro
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 Oct. 12, 2011
People v. Valenzuela
Trial court does not have duty to give instruction on imperfect self-defense because defendant’s fear of harm from gang members was not unreasonable. 		Criminal Law and Procedure Oct. 12, 2011
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