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Name Category Published
In re Macias
Board of Parole Hearings’ reliance on ‘lack of insight’ to deny parole must be based on factually identifiable deficiency, not speculation of facts. 		Criminal Law and Procedure Nov. 9, 2010
Wilson v. Corcoran
Federal courts may not issue habeas writ to state prisoner whose custody is not shown to be in violation of federal laws. 		Criminal Law and Procedure Nov. 8, 2010
People v. Lexington National Insurance Co.
Forfeiture of bond is proper where prosecutor is unable to extradite defendant from country without extradition treaty. 		Criminal Law and Procedure Nov. 8, 2010
U.S. v. Schafer
District court may not make factual findings if evidence of motion to dismiss is not entirely separable from issue of defendant’s guilt. 		Criminal Law and Procedure Nov. 8, 2010
People v. Smith
Jury instruction on rape of intoxicated woman charge properly states victim was prevented from resisting where unable to exercise ‘reasonable judgment.’ 		Criminal Law and Procedure Nov. 8, 2010
In re Hare
Decision to deny parole is not arbitrary where supported by defendant’s inclination to hide truth and probative nature of his crime and motive. 		Criminal Law and Procedure Nov. 8, 2010
People v. Nordberg
Error in jury instruction for fleeing scene of vehicular manslaughter enhancement is harmless where evidence revealed defendant had requisite knowledge of possible injury. 		Criminal Law and Procedure Nov. 8, 2010
People v. Gabriel
Probation condition requiring defendant not to associate with ‘suspected’ gang members fails to provide adequate notice of expectations, and is unconstitutionally vague. 		Criminal Law and Procedure Nov. 7, 2010
People v. Seneca Insurance Co.
Bail bond is not exonerated where government has not completed extradition of defendant before end of bond exoneration period. 		Criminal Law and Procedure Nov. 7, 2010
People v. Johnson
Statements made in 911 call describing ongoing emergency are nontestimonial and do not violate defendant’s right to confront witnesses. 		Criminal Law and Procedure Nov. 7, 2010
People v. Hajjaj
Remoteness of open courtroom, which only became available late on last permissible day to commence defendant’s trial, does not constitute good cause for delay. 		Criminal Law and Procedure Nov. 4, 2010
U.S. v. Hantzis
Defendant’s waiver of his right to counsel is valid where he is informed of dangers in self-representation and actively participates in his defense. 		Criminal Law and Procedure Nov. 4, 2010
U.S. v. Wright
Defendant’s conviction for interstate transport of child pornography is error where, at time of defendant’s conviction, law required files actually cross state lines. 		Criminal Law and Procedure Nov. 4, 2010
People v. Miramontes
Trial court did not abuse its discretion in admitting testimony of prior uncharged lewd acts upon children to show defendant’s propensity. 		Criminal Law and Procedure Nov. 4, 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 Nov. 3, 2010
Jackson v. Superior Court (People)
Superior court has power to reconsider and vacate order granting habeas relief on motion to reconsider filed within 60-day time period for appeal. 		Criminal Law and Procedure Nov. 3, 2010
Crittenden v. Ayers
Defendant is not required to prove peremptory strike would have been issued if race had played no role when challenging juror’s dismissal. 		Criminal Law and Procedure Nov. 2, 2010
U.S. v. George
Failure to register as sex offender does not violate ex post facto clause because federal statute was enacted before date of conviction. 		Criminal Law and Procedure Nov. 2, 2010
In re McDonald
Governor may not condition petitioner’s parole on admission of guilt, absent any additional indication of current dangerousness. 		Criminal Law and Procedure Nov. 2, 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. 2, 2010
U.S. v. Leal-Felix
In calculating defendant’s criminal history, traffic violations resulting in imprisonment are treated as arrests for sentencing purposes. 		Criminal Law and Procedure Nov. 1, 2010
Smith v. Mitchell
Habeas relief must issue where there is no verifiable evidence to support prosecution’s theory that defendant shook baby to death. 		Criminal Law and Procedure Oct. 31, 2010
U.S. v. Krane
Although court has jurisdiction over appeal of order directing law firm to comply with subpoena, defendants' guilty pleas render appeal moot. 		Criminal Law and Procedure Oct. 31, 2010
People v. Long
In peremptory challenge where race is at issue, prosecutor has to prove that non-race based reason given can stand on its own. 		Criminal Law and Procedure Oct. 31, 2010
In re Jenkins
Actual work participation, rather than mere willingness to work, is required for inmate to receive lower security evaluation. 		Criminal Law and Procedure Oct. 28, 2010
People v. Greenwood
Traffic stop is reasonably based on officers’ objective belief that based on DMV records, vehicle’s registration was expired despite temporary permit. 		Criminal Law and Procedure Oct. 28, 2010
Smith v. Superior Court (People)
'Sutton' does not alter finding that court violated defendant's statutory right to speedy trial by continuing trial beyond 60-day limit. 		Criminal Law and Procedure Oct. 28, 2010
Williams v. Ryan
Court must hold evidentiary hearing for defendant’s claim of 'Brady' violation where evidence discovered after conviction contradicts prosecution’s theory at trial. 		Criminal Law and Procedure Oct. 26, 2010
McNeal v. Adams
Hearing on prosecution's motion to compel DNA sample is not 'critical stage' at which absence of defense counsel requires per se reversal. 		Criminal Law and Procedure Oct. 26, 2010
Pearson v. Muntz
District court properly determines that state court’s decision approving governor's decision to reject parole was unreasonable application of 'some evidence' test. 		Criminal Law and Procedure Oct. 26, 2010
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