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Name Category Published
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
U.S. v. Munoz-Camarena
Subsequent conviction for simple possession is felony, not aggravated felony, for purposes of sentencing following conviction for illegal reentry after deportation. 		Criminal Law and Procedure Jan. 31, 2011
Catlin v. Superior Court (People)
Motion for post-conviction discovery under Penal Code Section 1054.9 is not subject to timeliness requirement. 		Criminal Law and Procedure Jan. 28, 2011
U.S. v. Lichtenberg
Violation of domestic order is properly included in criminal history calculation because violation is insufficiently similar to contempt of court. 		Criminal Law and Procedure Jan. 28, 2011
People v. Gonzales
Release of patient’s confidential communications with psychotherapist is reversible error where court cannot conclude without reasonable doubt that it had no effect on verdict. 		Criminal Law and Procedure Jan. 28, 2011
U.S. v. Potter
Second Amendment’s protection of right to bear arms for lawful purposes does not extend to possession of firearm in furtherance of drug trafficking. 		Criminal Law and Procedure Jan. 27, 2011
U.S. v. Jenkins
Court properly suspends statute of limitations period pending evidence request from foreign country where government’s suspension application is filed before limitations period expires. 		Criminal Law and Procedure Jan. 26, 2011
U.S. v. Burgum
Court’s brief reference to defendant’s inability to pay restitution as ‘aggravating factor’ during sentencing is plain error. 		Criminal Law and Procedure Jan. 26, 2011
People v. Morrison
Court-ordered probation drug testing constitutes ‘inquiry authorized by law’ to support conviction under Penal Code Section 134 for preparing false evidence. 		Criminal Law and Procedure Jan. 26, 2011
People v. Ahmed
Court errs in sentencing defendant for firearm and great bodily injury enhancement when it constituted same act under Penal Code Section 654. 		Criminal Law and Procedure Jan. 25, 2011
Swarthout v. Cooke
No substantive federal interest exists in state’s decision to offer parole and federal analysis should be limited to whether procedural due process standards are met. 		Criminal Law and Procedure Jan. 25, 2011
Gilman v. Schwarzenegger,
Enactment increasing deferral period for parole hearings does not violate Ex Post Facto Clause absent showing of significant risk of prolonging prison term. 		Criminal Law and Procedure Jan. 25, 2011
U.S. v. Gonzalez-Diaz
Alien's conviction for being 'found in' U.S. following deportation is upheld where Canadian officials handed him over to U.S. authorities after holding him in custody. 		Criminal Law and Procedure Jan. 25, 2011
U.S. v. Carothers
Erroneous mistrial on lesser charged offense of simple possession does not preclude retrial on possession with intent to distribute. 		Criminal Law and Procedure Jan. 25, 2011
People v. Bryant
Court errs in treating unsworn juror statements alleging misconduct as made under penalty of perjury without holding complete hearing on issue. 		Criminal Law and Procedure Jan. 25, 2011
People v. Vigil
Juror’s homemade experiment to reenact drive-by shooting produces new evidence, constituting improper prejudicial juror misconduct. 		Criminal Law and Procedure Jan. 25, 2011
U.S. v. Liu
Defendant’s rights under Speedy Trial Act are not violated where timeframe for trial is reset after co-defendant is added to indictment. 		Criminal Law and Procedure Jan. 24, 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 Jan. 24, 2011
People v. Federico
Jury instruction on entrapment is properly denied where child’s rights organization was not acting as law enforcement agent and defendant initiated unlawful contact with child. 		Criminal Law and Procedure Jan. 24, 2011
Fleming v. Superior Court (People)
School district superintendent does not unlawfully appropriate public money by having subordinates compile lists of individuals who supported recall of school board. 		Criminal Law and Procedure Jan. 21, 2011
People v. Booker
Although trial court administered oath to grand jurors after they had heard some testimony, defendant suffered no prejudice and is not entitled to relief. 		Criminal Law and Procedure Jan. 21, 2011
People v. Nelson
Defendant’s act of pulling himself up from open car window to aim at intended victim, but firing at officers instead, constitutes intent to kill victim. 		Criminal Law and Procedure Jan. 21, 2011
People v. Soto
Child victim’s consent is not defense to charge of aggravated lewd act on child under 14. 		Criminal Law and Procedure Jan. 21, 2011
People v. White
Custodians of records must be given oath during in camera hearing on discovery motion for court decision to be valid. 		Criminal Law and Procedure Jan. 21, 2011
Lopez v. Ryan
State’s former law requiring causal connection between mitigating evidence and crime does not violate defendant’s right where record reflects court considered all mitigating evidence. 		Criminal Law and Procedure Jan. 21, 2011
U.S. v. Basher
Officers properly question defendant and seize weapon where they have reasonable suspicion of criminal activity following reports of gunfire and illegal campfire. 		Criminal Law and Procedure Jan. 21, 2011
People v. Armas
Defendant's failure to return to agency where initial sex offender registration took place within five days of moving to downtown shelter supports conviction. 		Criminal Law and Procedure Jan. 20, 2011
Premo v. Moore
Counsel’s decision to decline to make motion to suppress confession to police is not ineffective assistance in light of admissible confession to witnesses. 		Criminal Law and Procedure Jan. 20, 2011
Liberal v. Estrada
Police officer does not have discretionary immunity from false imprisonment claim relating to traffic stop because act is not discretionary policy decision. 		Criminal Law and Procedure Jan. 20, 2011
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