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Name Category Published
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
U.S. v. Vela
Lack of sentence does not necessarily preclude appellate jurisdiction when defendant is found not guilty by reason of insanity. 		Criminal Law and Procedure Oct. 26, 2010
U.S. v. Berry
Court may address untimely evidence-based 28 U.S.C. Section 2255 motion as motion for new trial where government waives objection to timeliness. 		Criminal Law and Procedure Oct. 25, 2010
People v. Engram
Lack of available courtroom due to State’s neglect in timely bringing criminal defendant to trial does not constitute good cause to delay trial. 		Criminal Law and Procedure Oct. 25, 2010
U.S. v. Redlightning
Defendant’s voluntary agreement to submit to police questioning is not ‘seizure’ under Fourth Amendment. 		Criminal Law and Procedure Oct. 25, 2010
People v. Graves
Trial court errs in denying prosecution's request to trail criminal case within statutory speedy trial period. 		Criminal Law and Procedure Oct. 25, 2010
People v. Sanders
Sentencing for subordinate term shall consist of one-third of middle term of imprisonment prescribed for each felony conviction where consecutive term is imposed. 		Criminal Law and Procedure Oct. 24, 2010
People v. Bacon
Trial court has discretion in deciding whether foundational evidence is sufficient in establishing preliminary fact. 		Criminal Law and Procedure Oct. 21, 2010
People v. Torres
Defendant convicted based on unlawful inventory search is entitled to separate review of denials of motions to set aside and to suppress. 		Criminal Law and Procedure Oct. 21, 2010
People v. Powers-Monachello
Although admissible at preliminary hearing, extrajudicial statements must be accompanied by independent evidence to support conspiracy charge. 		Criminal Law and Procedure Oct. 20, 2010
U.S. v. Mitchell
Sentencing judge may depart downward for defendant sentenced as career offender to account for sentencing disparity between crack and powder cocaine. 		Criminal Law and Procedure Oct. 20, 2010
In re Gonzales
Capital habeas petitioner is entitled to stay pending competency determination even if his claims are record-based or legal in nature. 		Criminal Law and Procedure Oct. 20, 2010
Earp v. Cullen
District court errs in permitting witness to invoke privilege against self-incrimination without determining basis for invocation. 		Criminal Law and Procedure Oct. 19, 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 Oct. 19, 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 Oct. 18, 2010
Lopez v. Superior Court (People)
Prisoner determined to be mentally disordered offender may not challenge certification based on static commitment criteria after initial one-year period. 		Criminal Law and Procedure Oct. 18, 2010
U.S. v. Lozano
Arrival of suspicious package addressed to defendant, after inquiry of postal workers’ protocol for suspicious drug packages, gives rise to reasonable suspicion. 		Criminal Law and Procedure Oct. 18, 2010
People v. Newton
Stayed sentence for prior conviction may be used for sentence enhancement regardless if defendant was actually sentenced for crime. 		Criminal Law and Procedure Oct. 18, 2010
People v. Dooley
Correctional officer in charge of civil committees in jail’s medical ward is ‘custodial officer’ under Penal Code Section 831. 		Criminal Law and Procedure Oct. 18, 2010
People v. Assad
Defense pinpoint jury instruction is not appropriate where such instruction is duplicative of other instructions on offenses’ elements. 		Criminal Law and Procedure Oct. 17, 2010
People v. Wayman
Qualified patients under Compassionate Use Act may only transport medical marijuana in way reasonably related to their medical needs. 		Criminal Law and Procedure Oct. 17, 2010
People v. Jahansson
Evidence seized subsequent to unlawful detention must be excluded unless there is intervening, independent consent given by defendant. 		Criminal Law and Procedure Oct. 17, 2010
People v. Yang
Co-principal firearm discharge sentence enhancement does not apply to defendant convicted of voluntary manslaughter under Penal Code Section 12022.53. 		Criminal Law and Procedure Oct. 13, 2010
People v. Valdez
Great bodily injury enhancement is improper where injuries from hit-and-run were not inflicted in commission of felony based on defendant's flight from scene. 		Criminal Law and Procedure Oct. 12, 2010
People v. Kelly
Recording Industry Association of America may not obtain restitution from defendant convicted of criminal offenses involving sale of counterfeit compact discs. 		Criminal Law and Procedure Oct. 12, 2010
People v. Minor
Only minimal due process rights apply to probation extension proceedings because extension is only potential grievous loss to probationer’s liberty. 		Criminal Law and Procedure Oct. 10, 2010
In re Powell
Board of Parole Hearing’s denial of parole is improperly based on petitioner’s parole plan to attend substance abuse program far from his house. 		Criminal Law and Procedure Oct. 7, 2010
U.S. v. Garcia-Jimenez
District court properly adds two criminal points to sentence of illegal alien who committed continuing offense by staying in country illegally. 		Criminal Law and Procedure Oct. 6, 2010
People v. Aranda
Omission of standard burden of proof instruction warrants reversal of conviction if error was not harmless beyond reasonable doubt. 		Criminal Law and Procedure Oct. 6, 2010
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