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Name Category Published
Lee v. Lampert
Credible claim of actual innocence constitutes equitable exception for filing otherwise untimely habeas petition under Antiterrorism and Effective Death Penalty Act. 		Criminal Law and Procedure Aug. 3, 2011
People v. Cruz
Statute providing probation officer with sole discretion regarding use of monitoring device is unconstitutional because it deprives court of authority to supervise probation conditions. 		Criminal Law and Procedure Aug. 3, 2011
Stark v. Superior Court (People)
Provisions criminalizing public officer’s acts and omissions involving public funds require that defendant knew or was criminally negligent in failing to know underlying duties. 		Criminal Law and Procedure Aug. 2, 2011
People v. Gonzales and Soliz
Court properly denies defendant’s request to inform penalty retrial jury of first jury’s verdict on counts not at issue in retrial. 		Criminal Law and Procedure Jul. 29, 2011
People v. Thomas
Joinder of two different murder charges does not prejudice defendant because murders were of same class and strength of evidence was evenly balanced. 		Criminal Law and Procedure Jul. 29, 2011
Greenway v. Schriro
Attempts to amend initial post-conviction petition are not procedurally barred or waived when no previous collateral proceeding took place. 		Criminal Law and Procedure Jul. 29, 2011
U.S. v. Spentz
Court properly declines to give jury instruction regarding entrapment defense where agent's offer of potentially large reward did not amount to inducement. 		Criminal Law and Procedure Jul. 29, 2011
In re Sampson
Amendment denying conduct credits to gang members does not violate ex post facto principles where inmate continues to demonstrate gang affiliation following statute’s effective date. 		Criminal Law and Procedure Jul. 29, 2011
People v. Mitchell
Sentence must be reduced where part of sentence was based on enhancement with which defendant was never charged and which he did not admit committing. 		Criminal Law and Procedure Jul. 27, 2011
U.S. v. Yepez
Federal courts must credit California state court orders modifying probationary terms in applying safety valve provision for sentencing purposes. 		Criminal Law and Procedure Jul. 26, 2011
People v. Stillwell
Prosecutor does not fail to prove reliability of narcotics detection dog used to sniff vehicle although narcotics were not found in vehicle. 		Criminal Law and Procedure Jul. 26, 2011
People v. Clair
Defendant’s sexual abuse against minor daughter supports conviction for felony child endangerment because manner of abuse was likely to produce great bodily harm. 		Criminal Law and Procedure Jul. 25, 2011
John-Charles v. State
Defendant has no absolute, constitutional right to reappointment of counsel mid-trial after defendant’s intelligent and knowing waiver of right to counsel. 		Criminal Law and Procedure Jul. 25, 2011
U.S. v. Dann
Restitution order may not order parent to turn over accrued child support payments to victim where children have not reached age of majority. 		Criminal Law and Procedure Jul. 25, 2011
People v. Superior Court (World Wide Rush LLC)
California’s criminal discovery statutes do not preclude prosecutor from obtaining production of corporate documents that are nontestimonial. 		Criminal Law and Procedure Jul. 25, 2011
People v. Bennett
Police officers do not violate defendant's constitutional rights by stopping him based on parking violation subject to civil enforcement. 		Criminal Law and Procedure Jul. 22, 2011
People v. Roldan
Conviction for failing to provide proof of insurance is improper where there is no evidence that officer made demand or request for proof. 		Criminal Law and Procedure Jul. 22, 2011
People v. Patel
Probation condition proscribing conduct punishable for presence, possession, association, or other action requires scienter for violation. 		Criminal Law and Procedure Jul. 21, 2011
Blair v. Martel
Antiterrorism and Effective Death Penalty Act requires denial of habeas petition where no Supreme Court decision clearly establishes due process right to speedy appeal. 		Criminal Law and Procedure Jul. 21, 2011
People v. Rushing
Defendant fails to show bias in prosecution’s peremptory challenge where juror expressed religious prejudice and sympathy for gang members. 		Criminal Law and Procedure Jul. 21, 2011
People v. Bell
For purposes of grand theft conviction, renter has sufficient intent to permanently deprive lessor of leasehold interest to extent of failure to pay rent. 		Criminal Law and Procedure Jul. 21, 2011
People v. Canizalez
Sufficient evidence supports second-degree murder conviction based on subjective awareness of risk of death that street racing created. 		Criminal Law and Procedure Jul. 21, 2011
In re Stone
Court improperly orders release of parolee based on prior failure to provide notice of retention decision by Board of Prison Hearings. 		Criminal Law and Procedure Jul. 20, 2011
U.S. v. Bagdasarian
Conviction for threatening to kill or harm presidential candidate is improper where speaker did not have subjective intent to threaten candidate. 		Criminal Law and Procedure Jul. 20, 2011
People v. Taylor
Court may award victim restitution for contingency fees without first determining whether fee was reasonable under lodestar method. 		Criminal Law and Procedure Jul. 20, 2011
People v. Urke
Probation condition that prohibited defendant, who was convicted of committing lewd act on a minor, from being in presence of minors is proper. 		Criminal Law and Procedure Jul. 20, 2011
U.S. v. Maier
Court properly exercises discretion to vacate possession of child pornography charge and sentence under distribution charge based on defendant’s significant criminal activity. 		Criminal Law and Procedure Jul. 19, 2011
People v. Voravongsa
Sex offender registration and prior convictions are ‘sentencing facts,’ which are not subject to motion to dismiss under Penal Code Section 1385. 		Criminal Law and Procedure Jul. 18, 2011
U.S. v. Sepulveda-Barraza
Expert testimony regarding structure and operation of drug-trafficking organizations, including unknowing couriers, is properly admitted. 		Criminal Law and Procedure Jul. 18, 2011
People v. James
Court may consider dismissed prior strike for purposes of sentencing, and enhanced custody credit provisions do not require pleading and proof. 		Criminal Law and Procedure Jul. 15, 2011
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