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Name Category Published
People v. Sherow
Consent defense to burglary is not collateral to elements of offense, and therefore must be proved by reasonable doubt standard, not preponderance of evidence. 		Criminal Law and Procedure Jun. 28, 2011
People v. Tucker
Good cause exists for delay of trial due to medically necessary quarantine brought on by inmate contracting swine flu during global pandemic. 		Criminal Law and Procedure Jun. 28, 2011
People v. Skiles
Faxed copy of defendant’s indictment is admissible to prove conviction was sufficient for strike where copy was substantially similar to certified copies of court records. 		Criminal Law and Procedure Jun. 27, 2011
Schleining v. Thomas
Prisoner is ineligible for federal Good Conduct Time for time served in state prison before being sentenced on charge in federal court. 		Criminal Law and Procedure Jun. 27, 2011
U.S. v. Chapman
Court properly denies defendants’ motion to reopen where subsequent internal memo reinforces dismissal for prosecutorial misconduct that does not constitute fraud. 		Criminal Law and Procedure Jun. 27, 2011
People v. Woodward
‘One Strike Law’ requires pleading of any fact serving to increase penalty, not absence of fact that might decrease penalty sought. 		Criminal Law and Procedure Jun. 27, 2011
People v. Sifuentes
Doctrine of constructive possession does not support conviction for possession of firearm by felon where defendant did not have right to control gun. 		Criminal Law and Procedure Jun. 27, 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 Jun. 26, 2011
Bullcoming v. New Mexico
Forensic report created to serve as evidence in criminal proceeding is testimonial and defendant has right to confront analyst who prepared report. 		Criminal Law and Procedure Jun. 23, 2011
Freeman v. U.S.
Court has authority to consider sentencing amendments reducing defendant’s applicable range, even when defendant is sentenced subject to plea agreement. 		Criminal Law and Procedure Jun. 23, 2011
People v. Moore
Criminal defendant does not have right to hybrid representation because right to be represented and right to self-representation are mutually exclusive. 		Criminal Law and Procedure Jun. 23, 2011
U.S. v. Renzi
Congressman may not invoke Speech and Debate Clause to preclude extortion charges where his negotiations with private parties involved promises of future favorable legislation. 		Criminal Law and Procedure Jun. 23, 2011
People v. Johnigan
Implied malice finding for second-degree murder following fatality caused by intoxicated motorist does not require previous act of prior conviction or alcohol-related accident. 		Criminal Law and Procedure Jun. 23, 2011
Reina-Rodriguez v. U.S.
Appellate decision limiting definition of ‘burglary’ under Armed Career Criminal Act applies retroactively. 		Criminal Law and Procedure Jun. 22, 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 Jun. 22, 2011
Griffith v. Superior Court (People)
Misdemeanors joined with felonies are subject to being set aside if not supported by evidence presented at preliminary hearing. 		Criminal Law and Procedure Jun. 21, 2011
U.S. v. Flores-Perez
Appellate court lacks jurisdiction to review motion to dismiss superseding indictment based on double jeopardy claim relying on assertion of erroneous denial of acquittal motion. 		Criminal Law and Procedure Jun. 21, 2011
People v. Patel
Probation condition proscribing conduct punishable for presence, possession, association, or other action requires scienter for violation. 		Criminal Law and Procedure Jun. 21, 2011
People v. Hume
Attorney-defendant is not entitled to offset of restitution award to victims who also received reimbursement from California State Bar Client Security Fund. 		Criminal Law and Procedure Jun. 21, 2011
People v. Maikhio
Game warden may make vehicle stop based on reasonable suspicion that angler caught lobster that was out of season in violation of statute. 		Criminal Law and Procedure Jun. 20, 2011
Alaimalo v. U.S.
Prisoner is entitled to habeas relief where he makes showing of actual innocence that he was unable to raise in previous habeas proceedings. 		Criminal Law and Procedure Jun. 20, 2011
People v. Wrentmore
Court’s grant of defendant’s request to invoke statutory right to self-representation may not be disturbed absent miscarriage of justice. 		Criminal Law and Procedure Jun. 20, 2011
U.S. v. Wiles
Attempted sexual assault relates to generic charge for sexual assault and is predicate offense that allows court to impose enhanced sentencing. 		Criminal Law and Procedure Jun. 19, 2011
People v. Hunt
Admission of gang evidence does not violate due process right to fair trial when it allows permissible inferences and is relevant in proving gang enhancement allegations. 		Criminal Law and Procedure Jun. 19, 2011
U.S. v. Park
Conviction under California’s first-degree burglary statute is ‘crime of violence’ for federal sentencing purposes. 		Criminal Law and Procedure Jun. 19, 2011
People v. Reyes
Officer lacks objectively reasonable suspicion for traffic stop based on observastion of single Florida license plate on rear of defendant's vehicle. 		Criminal Law and Procedure Jun. 19, 2011
J.D.B. v. North Carolina
Child’s age is relevant in determining reasonableness of interrogation in light of totality of circumstances. 		Criminal Law and Procedure Jun. 16, 2011
Tapia v. U.S.
Sentencing court may not impose or lengthen defendant’s prison term to ensure completion of drug abuse program. 		Criminal Law and Procedure Jun. 16, 2011
Davis v. U.S.
No constitutional violation exists where search that later turned out to be unconstitutional was performed in strict compliance with then-existing laws. 		Criminal Law and Procedure Jun. 16, 2011
Bond v. U.S.
Petitioner has standing to challenge validity of statute on ground that statute interferes with state sovereignty. 		Criminal Law and Procedure Jun. 16, 2011
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