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Name Category Published
U.S. v. Holmes
In applying higher base offense level for setting public lands afire, court must state basis for finding land suffered more than short-term damage. 		Criminal Law and Procedure Jun. 16, 2011
U.S. v. Landa
Previous conviction for driving with blood-alcohol content of .05 percent while under 21 is not similar to juvenile status offense. 		Criminal Law and Procedure Jun. 15, 2011
People v. Reynolds
Defendant subject to three-year maximum term of commitment is not entitled to precommitment custody credit where maximum prison term for his offenses would be longer. 		Criminal Law and Procedure Jun. 15, 2011
People v. Sojka
Court errs in failing to instruct jury regarding defendant’s mistaken belief of victim’s consent where testimony provides evidence of good faith belief consent existed. 		Criminal Law and Procedure Jun. 14, 2011
People v. Tran
Prosecution’s ability to present evidence of other gang members’ offenses does not require exclusion of defendant’s own offense to show pattern of gang activity. 		Criminal Law and Procedure Jun. 13, 2011
In re Richardson
Habeas relief for ineffective assistance of appellate counsel is denied where claim is based on trial counsel’s assistance that court did not find deficient. 		Criminal Law and Procedure Jun. 13, 2011
Magness v. Superior Court (People)
Use of remote control to open garage door does not constitute ‘entry’ justifying charge of completed burglary where there was no physical intrusion into building. 		Criminal Law and Procedure Jun. 12, 2011
In re Ryner
Reinstatement of decision to grant parole is proper where Governor’s reversal was not supported by evidence of inmate’s current dangerousness. 		Criminal Law and Procedure Jun. 12, 2011
Thompson v. Runnel
Order 		Criminal Law and Procedure Jun. 10, 2011
DePierre v. U.S.
‘Cocaine base’ under Anti-Drug Abuse Act does not only refer to ‘crack cocaine,’ but includes cocaine in its chemically basic form. 		Criminal Law and Procedure Jun. 10, 2011
Sykes v. U.S.
Prior state conviction for using vehicle to knowingly flee police is properly determined to be ‘violent felony’ for sentencing purposes. 		Criminal Law and Procedure Jun. 10, 2011
Ocampo v. Vail
Admission of hearsay testimony of absent witness, which incriminated defendant in criminal prosecution, may violate confrontation clause, even if statements were not delivered verbatim. 		Criminal Law and Procedure Jun. 10, 2011
U.S. v. Scott
Defendant is not prejudiced by judge's improper comments and interruptions where judge gave curative instructions regarding conduct at issue. 		Criminal Law and Procedure Jun. 9, 2011
U.S. v. Gonzalez-Aparicio
Plain-error standard applies in determining sentencing error where defendant failed to object to enhancement in prior proceedings. 		Criminal Law and Procedure Jun. 9, 2011
People v. Gerber
Insufficient evidence exists for child pornography conviction where defendant superimposed child’s head on adult bodies. 		Criminal Law and Procedure Jun. 9, 2011
In re Villanueva
Retrial of mistried enhancement allegations that were not dismissed in second trial is proper, even if greater aggregate sentence results. 		Criminal Law and Procedure Jun. 9, 2011
In re Copley
Trial court issues proper remedy by vacating Governor’s decision and reinstating Board of Parole Hearings' decision finding defendant suitable for parole. 		Criminal Law and Procedure Jun. 9, 2011
People v. Campos
Court lacks authority to strike gang allegation and refuse to impose alternate penalty in felony conviction that carried life imprisonment as punishment. 		Criminal Law and Procedure Jun. 9, 2011
In re Smith
Board’s decision denying parole is supported by some evidence where defendant appeared agitated and angry at hearing, despite exemplary record and rehabilitative efforts. 		Criminal Law and Procedure Jun. 9, 2011
In re Aragon
Board of Parole Hearings properly denies parole to inmate who refused to address substance abuse problem, which supported finding that he posed threat to public safety. 		Criminal Law and Procedure Jun. 9, 2011
People v. Butler
Crime of fraudulent presentation of multiple claims for same loss is not limited to presentation of claims to more than one insurer. 		Criminal Law and Procedure Jun. 8, 2011
McNeill v. U.S.
Whether prior drug conviction qualifies as ‘serious drug offense’ under Armed Career Criminal Act is determined by maximum term of imprisonment at time of conviction. 		Criminal Law and Procedure Jun. 7, 2011
Styre v. Adams
Separate hearing is not required before governor can reverse board’s grant of parole to prisoner, who did not dispute receiving procedural protection. 		Criminal Law and Procedure Jun. 7, 2011
People v. Law
Firearm enhancement is supported by substantial evidence where witnesses testified as to seeing, touching, and hearing defendant’s use of gun. 		Criminal Law and Procedure Jun. 7, 2011
People v. Frandsen
Jury instruction regarding imperfect self-defense is proper where defendant participated in ongoing imprisonment of victim who lawfully attempted escape. 		Criminal Law and Procedure Jun. 7, 2011
Sessoms v. Runnels
Petitioner is not entitled to federal habeas relief where state court decisions, which found that right to counsel was not unequivocally asserted, were not unreasonable. 		Criminal Law and Procedure Jun. 6, 2011
People v. Ardoin
Conviction is upheld although court erred in declining to reopen case for defense argument following modification of felony-murder instruction. 		Criminal Law and Procedure Jun. 6, 2011
People v. Anderson
Trial court has no obligation to provide instruction on defense of accident where defendant's theory attempted to negate intent element of crime. 		Criminal Law and Procedure Jun. 3, 2011
People v. Gonzales
Although prosecutor’s emotional remarks were improperly allowed, conviction is reasonable due to substantial evidence of horrendous murder. 		Criminal Law and Procedure Jun. 3, 2011
People v. Zambia
Pandering in violation of Penal Code Section 266i applies to defendant who encouraged victim to engage in future acts of prostitution, whether or not victim is already prostitute. 		Criminal Law and Procedure Jun. 3, 2011
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