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Name Category Published
Lakey v. Hickman
Federal habeas petition is not subject to tolling of limitations period where state court previously rejects petition for relief as untimely. 		Criminal Law and Procedure Feb. 11, 2011
People v. Cortes
Court’s refusal to allow any expert testimony as to defendant’s actual mental state at time of offense is prejudicial abuse of discretion. 		Criminal Law and Procedure Feb. 11, 2011
U.S. v. Padilla
Jury instruction regarding defendant’s choice not to testify is valid where language chosen by court sufficiently covers substance of proposed instruction. 		Criminal Law and Procedure Feb. 10, 2011
People v. Gomez
Defendant’s incriminating responses regarding gang affiliation during booking questions are admissible because such questions are not designed to elicit incriminating response. 		Criminal Law and Procedure Feb. 9, 2011
Wilson v. Knowles
Court’s reliance on disputed facts requiring jury evaluation in increasing defendant’s sentence does not fall within prior conviction exception. 		Criminal Law and Procedure Feb. 9, 2011
Rhoades v. Henry
In death penalty case, counsel did not fail to investigate, develop, and present mental state defense where evidence was lacking. 		Criminal Law and Procedure Feb. 9, 2011
U.S. v. Kent
Threat of enhanced charges during plea negotiations, later carried out after defendant rejects offer, does not constitute vindictiveness that warrants striking of enhancement. 		Criminal Law and Procedure Feb. 9, 2011
U.S. v. Flyer
Defendant does not ‘possess’ child pornography file located in unallocated space of his computer which he had no access or control over. 		Criminal Law and Procedure Feb. 9, 2011
People v. Xinos
Court errs in denying motion to suppress evidence of electronic data gathered from defendant’s vehicle for lack of probable cause. 		Criminal Law and Procedure Feb. 9, 2011
People v. Moreno
Court errs in denying defendant’s motion for discovery of materials in victim’s personnel file related to propensity for violence related to defendant’s self-defense theory. 		Criminal Law and Procedure Feb. 9, 2011
U.S. v. Krupa
Search warrant is valid where discovery of single image of child pornography is accompanied by exigent circumstances to support finding of probable cause. 		Criminal Law and Procedure Feb. 8, 2011
People v. Ochoa
Court errs in issuing no-visitation order against alleged sexual offense child victim because defendant was never sentenced for the alleged crime. 		Criminal Law and Procedure Feb. 8, 2011
People v. Pham
Attempted murder convictions are valid where defendant shoots at crowd with intent to kill specific individuals that, unknown to defendant, were not present. 		Criminal Law and Procedure Feb. 8, 2011
People v. Higgins
Prosecutor’s questioning and remarks regarding defense expert’s previous trial experience aimed to cast him in unfavorable light is reversible misconduct. 		Criminal Law and Procedure Feb. 7, 2011
People v. Bolton
Double Jeopardy Clause does not preclude imposition of additional sentence on count on which defendant was not convicted in first trial. 		Criminal Law and Procedure Feb. 7, 2011
U.S. v. Fox
District court errs in reducing defendant’s sentence when it ignored Sentencing Commission’s Policy Statement, which has authority in interpreting sentencing guidelines. 		Criminal Law and Procedure Feb. 7, 2011
Sharp v. Superior Court (People)
Amendment to discovery law authorizes court to order psychiatric examination of defendant, who pleads not guilty by reason of insanity, by prosecution-retained expert. 		Criminal Law and Procedure Feb. 4, 2011
People v. Ary
Due process violation does not occur where trial court placed burden of proving incompetence on defendant at retrospective competency hearing. 		Criminal Law and Procedure Feb. 4, 2011
People v. Thomas
Defendant’s inculpatory statements made during interview at crime scene are not suppressible because defendant was not in 'custody' for purposes of 'Miranda.' 		Criminal Law and Procedure Feb. 4, 2011
People v. Keeper
Court is not required to instruct jury to consider all factors surrounding mentally impaired person's testimony where witness was not dependent on others for care. 		Criminal Law and Procedure Feb. 4, 2011
U.S. v. Smith
For Fourth Amendment purposes, seizure of suspect occurs after he fled from police officer’s presence when officer had reasonable suspicion to effectuate seizure. 		Criminal Law and Procedure Feb. 4, 2011
U.S. v. Morris
Government’s take it or leave it plea offer to defendant with condition he testify against gang leader in trial does not violate due process. 		Criminal Law and Procedure Feb. 3, 2011
People v. Brewer
Defendant subject to indeterminate life sentence is entitled to presentence conduct credits under Penal Code Section 4019. 		Criminal Law and Procedure Feb. 3, 2011
People v. Moore
Interrogation is not custodial where defendant voluntarily agrees to make statement in patrol car and at station, despite being suspect. 		Criminal Law and Procedure Feb. 1, 2011
People v. Jones
Although defense stated prima facie case of improper use, prosecutor properly exercises peremptory challenges for race-neutral reasons. 		Criminal Law and Procedure Feb. 1, 2011
Stanley v. Cullen
Court reasonably finds insufficient evidence to doubt defendant’s competency based on trial counsel’s assurances and defendant’s demeanor in courtroom. 		Criminal Law and Procedure Feb. 1, 2011
In re Loveless
Court errs in vacating denial of parole for defendant who lacked remorse and insight into gravity of offense committed. 		Criminal Law and Procedure Feb. 1, 2011
People v. Miranda
Enhancement findings as to personal firearm use that are inconsistent with verdict on substantive offenses do not render verdict invalid. 		Criminal Law and Procedure Feb. 1, 2011
People v. Manzo
Defendant unambiguously invokes right to remain silent by staying silent and indicating he was exercising his right before stating he understood warnings given. 		Criminal Law and Procedure Feb. 1, 2011
In re Kemp
Amendment to conduct credits applies to eligible prisoners regardless of whether judgment of conviction was entered prior to amendment’s enactment. 		Criminal Law and Procedure Jan. 31, 2011
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