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Name Category Published
People v. Schlimbach
Under Unlawful Liquor Sale Abatement Law, bar constitutes nuisance based on handful of incidents of unlawful alcohol sales to obviously intoxicated persons. 		Criminal Law and Procedure Mar. 28, 2011
People v. Gann
Co-conspirator’s statements supporting conspiracy to make murder seem like home-invasion robbery are properly admitted as evidence under hearsay exception. 		Criminal Law and Procedure Mar. 25, 2011
People v. Superior Court (Brim)
Delay in penalty phase due to lengthy investigation does not constitute good cause to allow empanelling of separate juries in capital case. 		Criminal Law and Procedure Mar. 25, 2011
U.S. v. Buenrostro
Under Federal Rules, state prisoner may not bring new claim that would otherwise be barred as successive, without showing fraud on previous habeas court. 		Criminal Law and Procedure Mar. 24, 2011
People v. Yarbrough
Conviction for first degree burglary based on erroneous jury instruction is improper because evidence suggested that defendant was found outside unenclosed balcony. 		Criminal Law and Procedure Mar. 24, 2011
People v. Koontz
Trial court is vested with discretion to strike prior serious felony conviction to afford maximum allowable presentence conduct credits. 		Criminal Law and Procedure Mar. 24, 2011
People v. Sanchez
Certified letter, which was offered as sole evidence to show defendant was not registered owner of firearm, is inadmissible as violative of Sixth Amendment. 		Criminal Law and Procedure Mar. 24, 2011
People v. Kim
Probation condition referencing specific statutory provisions is not unconstitutionally vague for lack of explicit knowledge requirement necessarily implied from statute. 		Criminal Law and Procedure Mar. 23, 2011
People v. McCullough
Jail booking fees are not reviewable on appeal absent timely objection by defendant during sentencing phase. 		Criminal Law and Procedure Mar. 23, 2011
Felkner v. Jackson
Ninth Circuit errs in reversing state court's decision to uphold prosecutor’s peremptory challenges where decision to reverse denial was dismissive and had no basis. 		Criminal Law and Procedure Mar. 22, 2011
U.S. v. Guo
Statute prohibiting persons from knowingly attempting to export thermal imaging cameras without license is not void for vagueness. 		Criminal Law and Procedure Mar. 18, 2011
U.S. v. Harrell
‘Relating to’ parenthetical contained in aggravated identity theft statute is descriptive term, and does not limit violations covered under statute. 		Criminal Law and Procedure Mar. 18, 2011
People v. Nychay
Defendant is not entitled to recalculation of presentence custody credit where there was no new sentence following remand for correction of sentencing errors. 		Criminal Law and Procedure Mar. 18, 2011
People v. Moore
Remarks on reasonable doubt standard during voir dire that did not create reasonable likelihood of unconstitutional misapplication by jury do not warrant reversal. 		Criminal Law and Procedure Mar. 18, 2011
People v. Rios
Probation officers may lawfully detain person found in residence of juvenile probationer to determine if probationer violated terms of his probation. 		Criminal Law and Procedure Mar. 17, 2011
People v. Ramirez
Juvenile’s sentence for attempted murder, which essentially amounts to life without parole, is not unconstitutional because offense is arguably ‘homicide offense.’ 		Criminal Law and Procedure Mar. 17, 2011
U.S. v. Doss
Witness tampering charge is improper where defendant requests that his wife exercise her marital privilege against testifying, and does not engage in ‘corrupt’ persuasion. 		Criminal Law and Procedure Mar. 16, 2011
U.S. v. Fernandes
Court has mandatory duty to require person convicted of sex offense to register as sex offender as condition of probation. 		Criminal Law and Procedure Mar. 15, 2011
U.S. v. Kohring
Prosecution violates disclosure obligations by failing to provide information to accused regarding discrepancy in evidence supporting public corruption charges. 		Criminal Law and Procedure Mar. 14, 2011
U.S. v. Bonilla
Court errs in denying defendant’s presentence motion to withdraw guilty plea due to inadequate legal advice regarding immigration consequences. 		Criminal Law and Procedure Mar. 14, 2011
U.S. v. 1996 Freightliner Fld Tractor VIN 1FUYDXYB0TP822291
Government has 90 days to file complaint for forfeiture because claimant did not file cost bond with claim of ownership. 		Criminal Law and Procedure Mar. 14, 2011
U.S. v. Eriksen
Trustee of 401(k) retirement plan commits embezzlement by failing to contribute to plan and using employee contributions for operating expenses. 		Criminal Law and Procedure Mar. 10, 2011
Houston v. Schomig
No conflict of interest exists where public defender’s office, but not attorney himself, previously represented key witness against defendant. 		Criminal Law and Procedure Mar. 9, 2011
People v. Bauer
Defendant is not entitled to reinstatement of Proposition 36 probation because he made no effort to comply with drug treatment condition. 		Criminal Law and Procedure Mar. 9, 2011
Wall v. Kholi
Motion to reduce sentence under state law is application for ‘collateral review’ triggering tolling provision under Antiterrorism and Effective Death Penalty Act. 		Criminal Law and Procedure Mar. 8, 2011
U.S. v. Williams
Sentence of life term of supervised release for repeat sex offender is not cruel and unusual punishment under Eighth Amendment. 		Criminal Law and Procedure Mar. 8, 2011
People v. Rodriguez
Court properly denies defendant’s motion seeking discovery of officer’s personnel file due to counsel’s failure to perfect record on appeal. 		Criminal Law and Procedure Mar. 8, 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 Mar. 4, 2011
Pepper v. U.S.
District court may consider evidence of defendant's postsentencing rehabilitation at resentencing, and such evidence may support downward variance from guidelines range. 		Criminal Law and Procedure Mar. 3, 2011
People v. Powers
Customer’s phone calls to customer comment line, which were laced with vulgarities but not obscene or threatening, do not support misdemeanor conviction. 		Criminal Law and Procedure Mar. 3, 2011
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