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Name Category Published
U.S. v. Chaudhry
Court lacks jurisdiction over government’s appeal of order temporarily refusing to impose sentence on incompetent defendant. 		Criminal Law and Procedure Jan. 3, 2011
In Re Withers
Court erroneously dismisses 28 U.S.C. Section 2255 motion without considering merits of right to public trial and ineffective assistance of counsel claims. 		Criminal Law and Procedure Jan. 3, 2011
People v. Diaz
Warrantless search of defendant’s cell phone found on his person at time of arrest is valid under Fourth Amendment. 		Criminal Law and Procedure Jan. 3, 2011
People v. Martin
Probation conditions based on dismissed domestic violence charge under plea bargain are properly imposed after defendant expressly consented to conditions. 		Criminal Law and Procedure Jan. 2, 2011
People v. James
Evidence of prior acts of domestic violence is admissible in prosecution for burglary where defendant’s actions involved domestic violence. 		Criminal Law and Procedure Jan. 2, 2011
U.S. v. Mayweather
Plea withdrawal is properly denied where defendant had knowledge of proffered reasons for withdrawal before entering guilty plea. 		Criminal Law and Procedure Dec. 29, 2010
U.S. v. Luong
Defendant cannot challenge conviction masked as resentencing challenge because it falls outside appellate court’s mandate to remand for resentencing. 		Criminal Law and Procedure Dec. 29, 2010
People v. Woods
When defendant is placed on probation under Penal Code Section 1210.1, court may not stay court facilities assessment, restitution fine, or court security fee. 		Criminal Law and Procedure Dec. 29, 2010
People v. Trask
Deferred entry of judgment may not be terminated based on defendant’s inability to pay fees for diversion program. 		Criminal Law and Procedure Dec. 29, 2010
People v. Valenzuela
Defendant’s prior conviction for reckless driving does not count as ‘serious felony’ absent evidence that defendant personally inflicted harm on victim. 		Criminal Law and Procedure Dec. 28, 2010
People v. Vasquez
Civil settlement for additional medical expenses and damages suffered by victim does not satisfy defendant’s liability under restitution order. 		Criminal Law and Procedure Dec. 28, 2010
McCullough v. Kane
Governor’s decision to reverse inmate’s parole violates due process where decision was not supported by 'some evidence' of unreasonable risk of future dangerousness. 		Criminal Law and Procedure Dec. 27, 2010
U.S. v. Valverde
Agency's interim rule concerning sex offenders does not apply retroactively until Administrative Procedure Act requirements are met, absent showing of sufficient risk of harm. 		Criminal Law and Procedure Dec. 27, 2010
People v. Woods
When defendant is placed on probation under Penal Code Section 1210.1, court may not stay court facilities assessment, restitution fine, or court security fee. 		Criminal Law and Procedure Dec. 26, 2010
People v. Cabrera
Gang expert properly bases testimony on police reports and knowledge, which indicate defendant’s association with street gang, supporting gang enhancement. 		Criminal Law and Procedure Dec. 26, 2010
People v. Rosas
Court has jurisdiction to reduce fines on remand as part of resentencing, despite defendant’s failure to challenge fines in first appeal. 		Criminal Law and Procedure Dec. 22, 2010
U.S. v. Alvarez-Perez
Later filing of indictment on same charge does not trigger new 70-day period for commencing defendant's trial under Speedy Trial Act. 		Criminal Law and Procedure Dec. 22, 2010
People v. Smith
Only one of defendant's rape convictions can stand where two convictions were based on same act of sexual intercourse with victim. 		Criminal Law and Procedure Dec. 22, 2010
People v. Nesbitt
Court has power to reconsider rulings where court was not divested of jurisdiction at time of rehearing and no final judgment was rendered. 		Criminal Law and Procedure Dec. 22, 2010
People v. Hollinquest
Preliminary hearing testimony of witness, later deemed ‘unavailable,’ is admissible because defendant had opportunity and did cross-examine witness during preliminary hearing. 		Criminal Law and Procedure Dec. 21, 2010
Pulido v. Chrones
Defendant is not prejudiced by faulty jury instruction regarding felony-murder rule where jury found him to be major participant under robbery-murder special circumstance. 		Criminal Law and Procedure Dec. 21, 2010
Towery v. Schriro
Harmless prosecutorial misconduct on inconsistent use of witness testimony does not warrant reversal of defendant’s conviction since error was objectively reasonable. 		Criminal Law and Procedure Dec. 21, 2010
People v. Russell
No fixed period of ‘watching and waiting’ is necessary to establish substantial time in order to support conviction of murder by lying-in-wait. 		Criminal Law and Procedure Dec. 21, 2010
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 Dec. 21, 2010
People v. Albillar
Conviction for ‘active participation in criminal street gang’ requires finding of felonious criminal conduct by gang members, not that criminal conduct was gang-related. 		Criminal Law and Procedure Dec. 20, 2010
People v. Puentes
Prosecution fails to rebut presumption of vindictiveness where felony charge is re-added to defendant’s charges after misdemeanor is reversed on appeal. 		Criminal Law and Procedure Dec. 20, 2010
People v. Nelson
Victim's statement to firefighter while in ambulance, which identified defendant as perpetrator, is nontestimonial and admissible under Sixth Amendment. 		Criminal Law and Procedure Dec. 19, 2010
People v. Bacon
Trial court has discretion in deciding whether foundational evidence is sufficient in establishing preliminary fact. 		Criminal Law and Procedure Dec. 16, 2010
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 Dec. 16, 2010
U.S. v. Newhoff
Judge’s failure to issue admonition on testimony re-read to jury is not reversible error because there is sufficient evidence to support defendant’s conviction. 		Criminal Law and Procedure Dec. 16, 2010
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