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Name Category Published
People v. Magee
Defendant does not have reasonable expectation of privacy inside residence he visited as social guest on numerous occasions. 		Criminal Law and Procedure Apr. 12, 2011
People v. Villatoro
Sentence enhancement for use of stun gun during commitment of offenses is supported by expert testimony that device is dangerous and deadly. 		Criminal Law and Procedure Apr. 12, 2011
People v. Byrd
Defendant may be sentenced under ‘one strike law’ where simple kidnapping is followed by aggravated kidnapping of same victim in course of events. 		Criminal Law and Procedure Apr. 10, 2011
In re Russo
'Some evidence' supports decision to deny parole because inmate explained that his actions on night of crime were unintentional. 		Criminal Law and Procedure Apr. 10, 2011
People v. Morgan
Hate crime statute applied to elevate misdemeanor conviction to felony conviction is properly found to be prior serious felony for sentencing purposes. 		Criminal Law and Procedure Apr. 7, 2011
U.S. v. Greer
Extortion conviction does not require that defendant have specific intent to violate law, but knowledge he was not legally entitled to property he tried to obtain. 		Criminal Law and Procedure Apr. 7, 2011
U.S. v. Delgado-Ramos
Court is not required to inform defendant of immigration consequences of plea where Supreme Court decision merely casts doubt on precedent. 		Criminal Law and Procedure Apr. 7, 2011
U.S. v. Ewing
Officer has probable cause to search folded bills placed in car’s weather stripping during traffic stop based on totality of circumstances. 		Criminal Law and Procedure Apr. 7, 2011
People v. Indiana Lumbermens Mutual Insurance Co.
Court does not lose jurisdiction to declare bond forfeited due to defendant’s failure to attend proceeding where his appearance was not required. 		Criminal Law and Procedure Apr. 7, 2011
In re Borlik
15 percent credit earning limitation applies to prisoner although court struck sentence for violent felony and stayed sentence on qualifying offense. 		Criminal Law and Procedure Apr. 6, 2011
People v. Shockman
Defendant’s prior conviction for similar drug offense is admissible to show his modus operandi of wrapping baggies of drugs with cocktail napkins. 		Criminal Law and Procedure Apr. 5, 2011
People v. Arevalo-Iraheta
No due process violation occurs where defendant had notice of lesser counts of pleaded offense, which prosecution added during trial. 		Criminal Law and Procedure Apr. 5, 2011
Pearson v. Muntz
Federal habeas petition challenging denial of parole does not violate due process where inmate alleges insufficient evidence of future dangerousness as basis of decision. 		Criminal Law and Procedure Apr. 5, 2011
People v. Valdez
Defendant may be sentenced per occurrence, not victim, under ‘one strike law,’ where sex offenses were committed against multiple victims. 		Criminal Law and Procedure Apr. 5, 2011
Cullen v. Pinholster
Ninth Circuit errs in granting habeas relief to petitioner because counsel’s strategy to evoke sympathy during penalty phase was reasonable under circumstances. 		Criminal Law and Procedure Apr. 4, 2011
Samayoa v. Ayers
State court’s rejection of defendant’s ineffective assistance of counsel claim is reasonable where new mitigating evidence does not outweigh overwhelming aggravating evidence. 		Criminal Law and Procedure Apr. 4, 2011
Wilson v. Knowles
Court’s speculation on how jury might have evaluated disputed facts of untried previous crime does not fall into prior conviction exception to increase defendant’s sentence. 		Criminal Law and Procedure Apr. 3, 2011
Cooper v. Neven
Federal review is not precluded when state court’s decision to deny habeas relief rested primarily on federal law, rather than independent and adequate state grounds. 		Criminal Law and Procedure Apr. 3, 2011
U.S. v. Fasthorse
Sexual abuse conviction is upheld based on reasonable conclusion that victim was physically unable to decline participation in sexual act while asleep. 		Criminal Law and Procedure Apr. 3, 2011
People v. Kim
Court may not impose additional life sentences pursuant to plea agreement without giving defendant opportunity to withdraw his plea. 		Criminal Law and Procedure Mar. 31, 2011
U.S. v. Cotterman
Government’s border search authority extends beyond actual border, and may include transporting property away from border for proper evaluation. 		Criminal Law and Procedure Mar. 31, 2011
People v. Lara
Court has discretion in determining whether prior strike enhancement, which was ‘dismissed’ under plea agreement, affects defendant’s presentence credits. 		Criminal Law and Procedure Mar. 31, 2011
In re Jackson
Parole may not be denied based on defendant’s refusal to admit guilt alone absent showing that he would present risk of danger to society if released. 		Criminal Law and Procedure Mar. 31, 2011
People v. Vinson
Amendment to Penal Code Section 666, which requires proof of three prior convictions for certain offenders, applies retroactively to defendant. 		Criminal Law and Procedure Mar. 30, 2011
People v. Moon
Conduct credits are properly denied to defendant convicted of murder, even when defendant is granted probation. 		Criminal Law and Procedure Mar. 30, 2011
People v. Delgado
Trial court errs in failing to instruct on aiding and abetting based on evidence that defendant did not personally move victim in kidnapping. 		Criminal Law and Procedure Mar. 30, 2011
People v. Varela
Defendant’s conviction for evading police officer while driving motor vehicle is proper because ‘pocket bike’ is within definition of ‘motor vehicle.’ 		Criminal Law and Procedure Mar. 30, 2011
People v. Moon
Conduct credits are properly denied to defendant convicted of murder, even when defendant is granted probation. 		Criminal Law and Procedure Mar. 30, 2011
People v. Arias
Denial of motion for judgment of acquittal on kidnapping charge is proper where evidence shows defendant involuntarily moved victim some distance. 		Criminal Law and Procedure Mar. 30, 2011
People v. Meneses
Sufficient evidence supports jury’s finding that defendant caused great bodily injury after sexual conduct with 12-year-old victim, which resulted in impregnation. 		Criminal Law and Procedure Mar. 28, 2011
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