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Name Category Published
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. 3, 2011
People v. Smith
Forensic analyst’s testimony based on another analyst’s underlying report does not violate defendant’s right to confront witness where testifying expert made substantive findings. 		Criminal Law and Procedure Mar. 2, 2011
In re Rodriguez
Parole reversal is properly vacated because record did not support governor’s finding that inmate currently posed danger to society if released. 		Criminal Law and Procedure Mar. 2, 2011
People v. Leiva
Court retains power over defendant because he was neither discharged nor sentenced to prison between probation revocation and arrest years later. 		Criminal Law and Procedure Mar. 2, 2011
Michigan v. Bryant
Victim’s responses to police questioning as he lay mortally wounded in parking lot after being shot by defendant are nontestimonial and admissible. 		Criminal Law and Procedure Mar. 1, 2011
People v. Hernandez
Court must make individualized finding as to necessity of placing deputy behind testifying defendant and may not allow procedure pursuant to routine policy. 		Criminal Law and Procedure Mar. 1, 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 Mar. 1, 2011
People v. Ramos
Attempted murder jury instruction requires only that defendant had intent to kill, rather than varying degrees of mens rea as in murder charge. 		Criminal Law and Procedure Mar. 1, 2011
Magallan v. Superior Court (People)
Discovery of materials to prove violation of Fourth Amendment rights takes precedence over state statute that prohibits discovery in criminal cases. 		Criminal Law and Procedure Feb. 28, 2011
People v. Lee
Victim being found partially clothed does not undermine jury’s finding based on other evidence that defendant committed murder during commission of attempted rape. 		Criminal Law and Procedure Feb. 25, 2011
U.S. v. Salazar-Mojica
Felony conviction later reduced to misdemeanor has no effect on sentencing because defendant was convicted of felony at time of offense. 		Criminal Law and Procedure Feb. 25, 2011
People v. Superior Court (Salter)
People are entitled to jury trial to resolve conflicts regarding state of prisoner’s mental disorder in involuntary commitment proceedings. 		Criminal Law and Procedure Feb. 25, 2011
People v. Brown
Evidence of prior acts of domestic violence is properly admitted in murder trial where defendant has history of such violence with victim and previous girlfriends. 		Criminal Law and Procedure Feb. 24, 2011
Walker v. Martin
Established state procedural requirement, although discretionary, is still adequate state grounds to deny federal habeas petition. 		Criminal Law and Procedure Feb. 24, 2011
U.S. v. Lynn
Dual convictions for both receiving and possessing child pornography violates double jeopardy prohibition where convictions are based on same conduct. 		Criminal Law and Procedure Feb. 24, 2011
U.S. v. Watson
Defendant’s supervised release is properly tolled where he maintains fugitive status until his arrest by federal authorities, despite previous arrests by state authorities. 		Criminal Law and Procedure Feb. 24, 2011
People v. Troyer
Warrantless search of residence is proper where officer has objectively reasonable belief that additional shooting victims may need assistance inside. 		Criminal Law and Procedure Feb. 23, 2011
People v. Murtishaw
Court properly denies defendant’s request for jury instructions to weigh in factors other than those enumerated under effective statute. 		Criminal Law and Procedure Feb. 23, 2011
U.S. v. Garcia-Guerrero
Court errs in calculating defendant’s base offense level for crime which defendant was not convicted of and carried much more serious penalty. 		Criminal Law and Procedure Feb. 22, 2011
People v. Dejourney
Issue on why developmentally disabled persons would not seek assistance when faced with threat is beyond common experience and proper for expert testimony. 		Criminal Law and Procedure Feb. 18, 2011
People v. Mozes
Child support orders must not be given priority over white collar crime victim restitution in Freeze and Seize proceedings. 		Criminal Law and Procedure Feb. 18, 2011
People v. Howard
Defendant’s failure to make adequate showing on trial record that stun belt affected his testimony is waived on appeal. 		Criminal Law and Procedure Feb. 17, 2011
Harrison v. Gillespie
State may include death penalty as sentencing option in retrial where previous jury reached only preliminary conclusions, not final verdict, on capital punishment inquiry. 		Criminal Law and Procedure Feb. 16, 2011
U.S. v. Valdovinos-Mendez
Admission of defendant’s certificate of nonexistence of record and Alien Registration File into evidence did not violate his confrontation right under Sixth Amendment. 		Criminal Law and Procedure Feb. 16, 2011
Fairbank v. Ayers
Defendant’s right to counsel is not violated when jail inmate who received incriminating notes from defendant was not acting under government’s guise. 		Criminal Law and Procedure Feb. 16, 2011
People v. Bui
Court errs in imposing consecutive sentences for offenses that arose from same occasion and same set of operative facts. 		Criminal Law and Procedure Feb. 16, 2011
In re Price
Prosecutor does not improperly tamper with juror by telling juror’s co-worker to give money to juror to vote guilty, in a joking manner. 		Criminal Law and Procedure Feb. 15, 2011
People v. Indiana Lumbermens Mutual Insurance Co.
Erroneous release of defendant and surety’s liability for posting bond do not entitle surety to forfeiture of bond. 		Criminal Law and Procedure Feb. 15, 2011
People v. Zarate
Court errs in calculating defendant’s presentence conduct credit pursuant to former version of Penal Code Section 4019. 		Criminal Law and Procedure Feb. 15, 2011
Babalola v. Superior Court (People)
Court errs in issuing criminal protective order under Penal Code Section 136.2 where there is no evidence defendant attempted to intimidate alleged victims. 		Criminal Law and Procedure Feb. 15, 2011
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