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Name Category Published
U.S. v. Baker
District court exceeds its statutory authority when imposing DNA collection as condition of defendant’s probation following misdemeanor conviction.
Criminal Law and Procedure Sep. 20, 2011
U.S. v. Ibarra-Pino
Defendant is not entitled to jury instruction on duress because he had reasonable opportunity to escape threatened harm via law enforcement.
Criminal Law and Procedure Sep. 20, 2011
County of Los Angeles v. Bankers Insurance Co.
Surety has 185-day period following date of bail forfeiture to file motion to exonerate bond.
Criminal Law and Procedure Sep. 20, 2011
People v. Shields
Defendant in possession of multiple images of minor involved in sexual acts may be separately convicted for each piece of media involving same victim.
Criminal Law and Procedure Sep. 19, 2011
People v. Amperano
Information naming specific victim is immaterial where trial proceeds on theory of intent to kill anyone inside house, giving defendant adequate notice of charge.
Criminal Law and Procedure Sep. 19, 2011
People v. Gonzales
Active gang participant may be liable for gang offenses even if he acts alone, without assistance or participation of other gang members.
Criminal Law and Procedure Sep. 16, 2011
U.S. v. Ruiz-Apolonio
Rape is categorically 'crime of violence' under federal definition of forcible sex offense because it criminalizes intercourse accomplished without consent, thus warranting enhancement.
Criminal Law and Procedure Sep. 15, 2011
U.S. v. Ayala-Nicanor
Conviction for willful infliction of corporal injury is categorical ‘crime of violence,’ which justifies sentence enhancement.
Criminal Law and Procedure Sep. 15, 2011
U.S. v. Tafoya-Montelongo
State’s definition of child abuse categorically qualifies as crime of violence under federal definition of child abuse, warranting sentence enhancement.
Criminal Law and Procedure Sep. 15, 2011
Trigueros v. Adams
California Supreme Court decision finding state habeas petition timely tolls statute of limitations under Antiterrorism and Effective Death Penalty Act.
Criminal Law and Procedure Sep. 15, 2011
U.S. v. Martinez
Records maintained by local police department in murder investigation, which related to prosecution of RICO case, are exempt from discovery.
Criminal Law and Procedure Sep. 15, 2011
People v. Morrison
Rebuttal testimony contradicting defendant’s claims made on direct examination is admissible as relevant to defendant’s credibility.
Criminal Law and Procedure Sep. 15, 2011
People v. Gray
Court has sua sponte duty to instruct jury on offense of battery as lesser included offense of engaging in lewd acts upon child under 14.
Criminal Law and Procedure Sep. 15, 2011
People v. Orozco
Court may impose fee for probation report in all cases, regardless of whether defendant is granted probation or sentenced to prison.
Criminal Law and Procedure Sep. 15, 2011
People v. Landau
Dept. of Mental Health must authorize petition for unconditional release by sexually violent predator after report concluded that he no longer qualified as such.
Criminal Law and Procedure Sep. 14, 2011
Reina-Rodriguez v. U.S.
Appellate decision limiting definition of ‘burglary’ under Armed Career Criminal Act applies retroactively.
Criminal Law and Procedure Sep. 14, 2011
Rossum v. Patrick
Intervening Supreme Court decision in 'Harrington v. Richter,' which controls issue on rehearing, prompts court to affirm initial denial of defendant’s habeas petition.
Criminal Law and Procedure Sep. 14, 2011
U.S. v. Alvarez-Moreno
District court may not order new trial for defendant, who never properly waived his right to jury trial, in absence of motion for new trial by defendant.
Criminal Law and Procedure Sep. 14, 2011
People v. Burns
Court errs in instructing jury in second trial that defendant committed aggravated trespassing, thus invoking collateral estoppel against defendant.
Criminal Law and Procedure Sep. 14, 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 Sep. 12, 2011
U.S. v. McCarty
Airport search of defendant’s luggage, which was conducted during course of limited administrative search, is not unlawful.
Criminal Law and Procedure Sep. 12, 2011
People v. Julian
Defendant’s manslaughter conviction may be enhanced based on grievous injuries to other victims, but not victim’s own injuries.
Criminal Law and Procedure Sep. 9, 2011
U.S. v. Santini
Evidence based on vague ‘rap sheet’ is inadmissible to support allegation that defendant had extensive prior law enforcement contacts.
Criminal Law and Procedure Sep. 9, 2011
Gray v. Kelly
Application for stay of district court's briefing schedule until court acts on petition for writ of certiorari is denied because petitioner invoked inapplicable standard.
Criminal Law and Procedure Sep. 8, 2011
Sivak v. Hardison
Defendant’s due process rights are violated where state’s failure to correct informant’s false testimony prejudiced defendant at penalty phase.
Criminal Law and Procedure Sep. 8, 2011
U.S. v. Rodgers
Probable cause to arrest passenger does not create automatic probable cause to search vehicle without facts indicating vehicle contains evidence of crime.
Criminal Law and Procedure Sep. 8, 2011
Ybarra v. McDaniel
Petitioner exhausts state claim regarding denial of change of venue motion where denial was reviewed on interlocutory appeal.
Criminal Law and Procedure Sep. 7, 2011
Payton v. Cullen
Habeas relief is unwarranted where there was no reasonable probability that defendant’s post-traumatic stress disorder defense carried weight.
Criminal Law and Procedure Sep. 6, 2011
People v. Buza
Seizure of DNA pursuant to statute, which required DNA samples from felony arrestees immediately following arrest, violates Fourth Amendment.
Criminal Law and Procedure Sep. 2, 2011
Jackson v. Ryan
Jury instruction adding different language to element of felony murder relieves prosecution of burden to prove every element, violating defendant’s due process rights.
Criminal Law and Procedure Sep. 2, 2011