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Name Category Published
U.S. v. Lightfoot
Court properly denies defendant’s motion to reduce sentence after reviewing defendant’s behavior of violence and finding he still remained dangerous. 		Criminal Law and Procedure Nov. 30, 2010
U.S. v. Johnson
District court errs in imposing condition of supervised release prohibiting defendant from associating with persons associated with gang. 		Criminal Law and Procedure Nov. 29, 2010
People v. Smith
Opening of dryer door by officer to stop noise is not unreasonable search where noise inhibited safety sweep of premises during probation compliance check. 		Criminal Law and Procedure Nov. 29, 2010
Douglas v. Jacquez
Re-sentencing of defendant by state court for lesser-included offense would not subject defendant to double jeopardy in violation of Fifth Amendment. 		Criminal Law and Procedure Nov. 25, 2010
People v. Soojian
Defendant is entitled to new trial for meeting burden of establishing that different result is probable on retrial based on newly discovered evidence. 		Criminal Law and Procedure Nov. 25, 2010
U.S. v. Steel
Appellate court has no interlocutory jurisdiction over defendant’s motion to dismiss conviction because double jeopardy claim is not colorable. 		Criminal Law and Procedure Nov. 23, 2010
In re Twinn
Governor's reversal of parole grant is overturned where finding that petitioner minimized his role in offense did not show current dangerousness. 		Criminal Law and Procedure Nov. 23, 2010
People v. Carr
Prosecutor’s comment on defendant’s failure to produce any alibi witnesses does not violate defendant’s Fifth Amendment Rights. 		Criminal Law and Procedure Nov. 23, 2010
People v. Shrier
Eavesdropping orchestrated by agents, which pierced confidential attorney-client communications, does not warrant dismissal of case. 		Criminal Law and Procedure Nov. 23, 2010
People v. Blocker
Trial court does not abuse discretion by denying application for 'certificate of rehabilitation' because applicant insisted on his innocence. 		Criminal Law and Procedure Nov. 23, 2010
Gollehon v. Mahoney
Death sentence for ‘deliberate homicide by accountability’ conviction is reasonably clear sentence for conduct constituting deliberate homicide. 		Criminal Law and Procedure Nov. 22, 2010
People v. Gallego
Defendant has no reasonable expectation of privacy in cigarette butt discarded in public and subsequent DNA testing does not violate Fourth Amendment rights. 		Criminal Law and Procedure Nov. 22, 2010
People v. Duarte
Where street terrorism charge requires element of underlying firearm discharge felony, defendant may only be sentenced pursuant to one charge. 		Criminal Law and Procedure Nov. 18, 2010
Kling v. Superior Court (People)
Court may allow disclosure of identity of subpoenaed third party and nature of documents sought by defendant in criminal trial. 		Criminal Law and Procedure Nov. 18, 2010
People v. Foster
Defendant’s prior offenses are properly admitted to prove common plan in robbing and assaulting women while they were alone in offices. 		Criminal Law and Procedure Nov. 18, 2010
People v. Labelle
Felony vandalism constitutes qualifying offense for 'mentally disordered offender' finding where defendant shattered window while officer stood next to it. 		Criminal Law and Procedure Nov. 18, 2010
People v. Poroj
Concurrence of felonious intent and causing great bodily injury is enough for sentence enhancement, and separate finding of intent to inflict injury is unnecessary. 		Criminal Law and Procedure Nov. 18, 2010
People v. Baldwin
Trial court errs by excluding hearsay evidence of defendant's inconsistent statements on ground that defendant was required to testify. 		Criminal Law and Procedure Nov. 18, 2010
U.S. v. Anderson
Felony convictions resulting from nolo contendere pleas sufficiently support defendant's federal indictment for being felon in possession of firearm. 		Criminal Law and Procedure Nov. 17, 2010
Abbott v. U.S.
Additional five-year minimum prison term for 18 U.S.C. Section 924(c) offense is proper where no other law imposes greater minimum for same conduct. 		Criminal Law and Procedure Nov. 15, 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 Nov. 15, 2010
U.S. v. Todd
Sex trafficking convictions require that defendant knew of established modus operandi that would cause victims to engage in future prostitution. 		Criminal Law and Procedure Nov. 15, 2010
People v. Eastburn
Conviction for forgery from elder adult is proper whether victim is identified as individual or fictitious name under which victim does business. 		Criminal Law and Procedure Nov. 15, 2010
People v. Sanchez
'Marsden' hearing is appropriate where defendant implies desire to withdraw plea on ineffective assistance of counsel basis. 		Criminal Law and Procedure Nov. 14, 2010
People v. Jackson
Evidence of defendant's refusal to take preliminary alcohol screening test should not be admitted to show consciousness of guilt. 		Criminal Law and Procedure Nov. 14, 2010
People v. Ramirez
Court’s failure to instruct jury on voluntary manslaughter offense is prejudicial error where prosecution presents weak testimonial evidence against defendant on murder charge. 		Criminal Law and Procedure Nov. 14, 2010
People v. Cortez
Court properly imposes $30 ‘court facilities’ fee on defendant’s convictions for sex offenses under Government Code Section 70373. 		Criminal Law and Procedure Nov. 11, 2010
People v. Rasmussen
Jury instruction is correct where prosecution relies on theory of general intent crime, regardless of whether offense can be committed under alternate theory. 		Criminal Law and Procedure Nov. 10, 2010
U.S. v. Grob
District court commits procedural error in incorrectly calculating defendant’s sentence based on prior offense that was irrelevant to current offense. 		Criminal Law and Procedure Nov. 10, 2010
U.S. v. Diaz-Lopez
'Best evidence rule' is inapplicable to agent’s testimony regarding database search to show defendant had not filed proper immigration form. 		Criminal Law and Procedure Nov. 9, 2010
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