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Name Category Published
In re Gomez
Denial of parole is improper where evidence does not support finding that commitment offense was ‘especially atrocious’ or that inmate lacked insight. 		Criminal Law and Procedure Dec. 15, 2010
People v. Polk
Defendant forfeits objection to 'Miranda' warnings on appeal where she fails to raise substantive adequacy of warnings at trial court level. 		Criminal Law and Procedure Dec. 14, 2010
People v. Lieng
Search warrant based on police observations of property made from property’s driveway is valid and does not violate Fourth Amendment. 		Criminal Law and Procedure Dec. 14, 2010
In re Roberts
Court properly dismisses petition for habeas relief based on statute of limitations where petitioner fails to demonstrate eligibility for equitable tolling. 		Criminal Law and Procedure Dec. 13, 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. 13, 2010
People v. Christiana
Court errs in authorizing defendant’s involuntary medication where lack of sufficient evidence showed defendant would be restored to competence. 		Criminal Law and Procedure Dec. 12, 2010
U.S. v. Goyal
Court errs in upholding defendant’s securities fraud conviction despite government’s failure to prove defendant materially misstated revenue using ‘buy-in’ accounting method. 		Criminal Law and Procedure Dec. 12, 2010
U.S. v. Ressam
Court vacates sentence imposed on defendant convicted in relation to terrorist plot because district court failed to address government's arguments. 		Criminal Law and Procedure Dec. 12, 2010
U.S. v. Lawrence
Defendant’s prior assault conviction was categorically equivalent to predicate offense of violent felony under statute imposing minimum sentence of 15 years. 		Criminal Law and Procedure Dec. 12, 2010
People v. Jackson
Regardless of whether ‘balcony’ is part of ‘structure’ under burglary statute, defendant violated statute because he was found halfway inside victim’s apartment. 		Criminal Law and Procedure Dec. 9, 2010
People v. Gonzalez
Instructional error on attempted murder does not warrant reversal when there is sufficient evidence to show defendant personally deliberated and premeditated killing. 		Criminal Law and Procedure Dec. 9, 2010
Bills v. Clark
In determining equitable tolling, court must consider effects of prisoner’s mental impairment on ability to exercise diligence in filing federal habeas petition. 		Criminal Law and Procedure Dec. 8, 2010
Moormann v. Ryan
Counsel does not render ineffective assistance in failing to raise defense negating premeditation where defense did not undercut overwhelming evidence supporting conviction. 		Criminal Law and Procedure Dec. 8, 2010
U.S. v. Caruto
Instruction to grand jury to ignore potential punishment in deciding whether to convict does not violate Fifth Amendment. 		Criminal Law and Procedure Dec. 8, 2010
People v. Shockley
Trial court has no obligation to instruct jury on battery because offense was not lesser included offense to charge of lewd and lascivious conduct. 		Criminal Law and Procedure Dec. 8, 2010
People v. Labora
Sentence is invalid where obtained by defense through judicial plea bargaining, after gaining judge’s assurance of sentence in exchange for guilty plea. 		Criminal Law and Procedure Dec. 8, 2010
People v. Cornett
Conviction for molestation of child '10 years of age or younger' does not include victim who has passed 10th birthday. 		Criminal Law and Procedure Dec. 7, 2010
U.S. v. Lopez-Velasquez
Immigration judge does not have duty to inform petitioner of possibility of relief when petitioner was clearly ineligible under claimed statute. 		Criminal Law and Procedure Dec. 7, 2010
U.S. v. White & Case LLP
Grand jury subpoenas for foreign documents given to attorneys in civil litigation are enforceable where documents are properly moved into jurisdiction. 		Criminal Law and Procedure Dec. 7, 2010
U.S. v. Farmer
Mandatory minimum sentence is properly imposed for prior charge of lewd and lascivious act on child, which equates to 'sexual abuse' under federal statute. 		Criminal Law and Procedure Dec. 6, 2010
U.S. v. Waters
Articles advocating violence should not be entered into evidence where probative value is insignificant against their prejudicial nature. 		Criminal Law and Procedure Dec. 6, 2010
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 Dec. 6, 2010
People v. Indiana Lumbermens Mutual Insurance Co.
Trial court cannot forfeit bond if complaint is not filed within 15 days of original arraignment, even if arraignment was continued to later date. 		Criminal Law and Procedure Dec. 6, 2010
U.S. v. Milovanovic
Persons need not have fiduciary relationship with victim or cause economic deprivation to victim to be found liable for mail fraud. 		Criminal Law and Procedure Dec. 5, 2010
U.S. v. Bush
Defendant may be convicted of both fraud and transactional money laundering where stages of transactions were spaced, and proceeds were therefore profits, not receipts. 		Criminal Law and Procedure Dec. 5, 2010
People v. Favor
Court properly declines to instruct jury on natural and probable consequences doctrine as to attempted premeditated murder. 		Criminal Law and Procedure Dec. 2, 2010
U.S. v. Lazarenko
Co-conspirator, who was partly victimized, is not entitled to restitution where he willingly participated in, and profited from, criminal enterprise. 		Criminal Law and Procedure Dec. 2, 2010
People v. Atencio
Defendant may be sentenced for firearm theft and firearm possession where both offenses, although part of same act, were committed with different objectives. 		Criminal Law and Procedure Dec. 1, 2010
People v. Ennis
Defendant’s attack on witnesses’ credibility does not render testimony of conduct impossible and thus testimony is not subject to inherent improbability standard. 		Criminal Law and Procedure Dec. 1, 2010
Maxwell v. Roe
Court errs in concluding jailhouse informant testified truthfully despite overwhelming amount of evidence demonstrating informant’s pattern of perjury. 		Criminal Law and Procedure Nov. 30, 2010
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