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Name Category Published
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 Oct. 12, 2011
In re Rodriguez
Board’s finding of unsuitability for parole is supported by some evidence where defendant refused to speak about crime and lacked insight into motivation for murder. 		Criminal Law and Procedure Oct. 10, 2011
In re Cabrera
Inmate’s possession of drawings signed by gang affiliate does not show direct link between two to support inmate’s validation as gang member. 		Criminal Law and Procedure Oct. 9, 2011
People v. Quiroz
Probation condition requiring defendant to submit record of income and expenditures is not overbroad where imposed to assure defendant makes progress in paying restitution. 		Criminal Law and Procedure Oct. 6, 2011
Carrera v. Ayers
Ineffective assistance claim fails where petitioner did not prove that failure to raise challenge to discharge venire based on alleged group-based peremptory challenges was unreasonable. 		Criminal Law and Procedure Oct. 4, 2011
People v. Larkins
Lay opinion testimony identifying defendant in videos has sufficient foundation for admissibility where identifier matched photo and name to videos. 		Criminal Law and Procedure Oct. 4, 2011
U.S. v. Gilchrist
Court properly imposes enhancement for obstruction of justice where defendant committed perjury following initiation of criminal investigation. 		Criminal Law and Procedure Oct. 3, 2011
U.S. v. King
Willful injection of wastewater without permit is sufficient to prove Safe Drinking Water Act violation, and proof of adverse effect is not required. 		Criminal Law and Procedure Oct. 3, 2011
People v. Lopez
Defendant’s act of luring victim into secluded alley reflects utter indifference to victim’s life, which supports special circumstance for robbery-murder. 		Criminal Law and Procedure Oct. 2, 2011
U.S. v. Krupa
Search warrant is valid where discovery of single image of child pornography is accompanied by exigent circumstances to support finding of probable cause. 		Criminal Law and Procedure Oct. 2, 2011
People v. Uribe
Prosecutor’s false testimony given in proceedings on remand following reversal of conviction does not impair defendant’s right to fair trial justifying dismissal. 		Criminal Law and Procedure Oct. 2, 2011
People v. Boulter
Search of jail lockers where visitor placed belongings, which occurred without warrant and on prison property, constitutes valid administrative search. 		Criminal Law and Procedure Sep. 29, 2011
People v. Kisling
Amendment to statutes providing for commitment of sexually violent predators does not violate single-subject requirement where changes related to common purpose of improving sex offender laws. 		Criminal Law and Procedure Sep. 28, 2011
U.S. v. Barraza-Lopez
Preindictment time limit under Speedy Trial Act restarts when underlying complaint is dismissed and charges are later refiled. 		Criminal Law and Procedure Sep. 28, 2011
People v. Robinson
Prior conviction for being felon in possession of firearm is admissible as crime of moral turpitude despite potential to violate statute without moral blame. 		Criminal Law and Procedure Sep. 28, 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 Sep. 28, 2011
People v. Trejo
Defendant is not denied right to fair trial due to contentious plea bargaining negotiations, during which confusion arose as to prosecutor’s offer. 		Criminal Law and Procedure Sep. 27, 2011
Stokley v. Ryan
Defendant is not entitled to habeas relief where, regardless of admissibility of new evidence, he fails to show counsel’s representation fell below standard of reasonableness. 		Criminal Law and Procedure Sep. 26, 2011
U.S. v. Perelman
First Amendment overbreadth challenge to statute prohibiting unauthorized wearing of military medals fails because statute requires intent to deceive. 		Criminal Law and Procedure Sep. 26, 2011
U.S. v. Chung
Sufficient evidence supports defendant's conviction for espionage where proprietary documents, which were considered ‘trade secrets,’ were found in his possession. 		Criminal Law and Procedure Sep. 26, 2011
U.S. v. Sykes
Modification of sentence that imposes statute’s mandatory minimum, falling within amended sentencing range, does not constitute new sentence. 		Criminal Law and Procedure Sep. 26, 2011
People v. Nottoli
Warrantless searches of vehicle and cell phone discovered in vehicle following traffic stop are justified as searches incident to arrest. 		Criminal Law and Procedure Sep. 26, 2011
People v. Aguirre
Federal indictment is not ‘direct consequence’ of guilty plea in state court where federal charge and state conviction are different offenses. 		Criminal Law and Procedure Sep. 26, 2011
People v. Gari
'Coram nobis' writ relief is unavailable to petitioner who failed to show existence of fact that was not presented at trial and would have prevented his conviction. 		Criminal Law and Procedure Sep. 25, 2011
U.S. v. Fitch
Following fraud and money laundering convictions, sentencing court may consider uncharged premeditated murder to support drastic upward departure from Sentencing Guidelines. 		Criminal Law and Procedure Sep. 25, 2011
U.S. v. Rivera
Eight-level offense level increase is proper where theft offense qualified as aggravated felony based on judicially-noticeable documents. 		Criminal Law and Procedure Sep. 25, 2011
Prellwitz v. Sisto
Court lacks jurisdiction to review district court’s order instructing Board of Parole Hearings to conduct new hearing because order was not final decision. 		Criminal Law and Procedure Sep. 22, 2011
People v. Superior Court (O’Connor)
Inability to complete evaluations due to increased workload and staff shortages is not ‘exigent circumstance’ establishing good cause for 45-day hold on release. 		Criminal Law and Procedure Sep. 22, 2011
People v. Moses
Probation conditions are unconstitutionally overbroad because they fail to adequately inform defendant whether conduct will comply with conditions and lack scienter requirement. 		Criminal Law and Procedure Sep. 20, 2011
U.S. v. Dugan
Statute prohibiting shipping and receiving of firearms through interstate commerce while using controlled substance does not violate Second Amendment. 		Criminal Law and Procedure Sep. 20, 2011
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