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Name Category Published
In re Camino
Court errs in allowing sentence enhancement for defendant who is not vicariously liable for fellow gang member’s death from unknown bullet. 		Criminal Law and Procedure Oct. 5, 2010
People v. Phillips
Conviction for annoying or molesting child under age 18 is supported despite lack of evidence that perpetrator directed offense at specific child. 		Criminal Law and Procedure Oct. 5, 2010
In re Kler
Court of appeal has jurisdiction over petition for habeas relief despite California Rules of Court Rule 8.35 mandate to first file writ in superior court. 		Criminal Law and Procedure Oct. 5, 2010
U.S. v. Flores-Blanco
Evidence of defendant’s prior acts involving alien smuggling is admissible where sufficiently similar to present offense and used to prove material point. 		Criminal Law and Procedure Oct. 4, 2010
People v. Alexander
Motion to dismiss charges is properly denied where information from prosecution’s interception of privileged telephone call was not used. 		Criminal Law and Procedure Oct. 3, 2010
People v. Vance
Prosecutor's 'Golden Rule' argument, which invited jury to put itself in victim's position, and court’s refusal to admonish jury warrant reversal of murder conviction. 		Criminal Law and Procedure Sep. 30, 2010
U.S. v. Sipai
Policy statement accompanying Sentencing Guideline stating further reduction of sentence would not 'generally' be proper gives discretion of applicability to district judge. 		Criminal Law and Procedure Sep. 30, 2010
U.S. v. Webster
Court properly declines to define 'proceeds' as 'profits' in instructing jury on money laundering counts based on transfers of money from drugs sales. 		Criminal Law and Procedure Sep. 30, 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 Sep. 29, 2010
People v. Mosley
Court strikes sex offender registration imposed upon defendant where Jessica's Law would subject him to residency restriction. 		Criminal Law and Procedure Sep. 29, 2010
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 Sep. 28, 2010
Martinez v. Schriro
No federal right to assistance of post-conviction counsel exists for state collateral proceedings, even where proceedings constitute first review for specific claim. 		Criminal Law and Procedure Sep. 28, 2010
U.S. v. Ruiz-Gaxiola
Involuntary medication order is improper where government failed to prove that medication will render mentally ill defendant competent to stand trial. 		Criminal Law and Procedure Sep. 27, 2010
People v. Runyan
Court properly orders restitution paid to estate of victim who died after defendant collided head-on with victim’s car while driving under influence. 		Criminal Law and Procedure Sep. 27, 2010
U.S. v. Briggs
Guilty plea forecloses claim that government set amount of drugs in fictional stash house at arbitrarily high level to impact sentence. 		Criminal Law and Procedure Sep. 27, 2010
Norris v. Morgan
Defendant’s sentence of life in prison without parole for repeated sex offenses under ‘two strikes’ law does not violate Eighth Amendment. 		Criminal Law and Procedure Sep. 24, 2010
Rossum v. Patrick
Court errs in denying habeas petition despite evidence of possible autopsy contamination pointing to ineffective assistance of counsel in failing to investigate possibility. 		Criminal Law and Procedure Sep. 24, 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 Sep. 23, 2010
People v. Sanders
Subordinate term for consecutive offense must consist of one-third of middle term of imprisonment imposed for other felony conviction where consecutive term was imposed. 		Criminal Law and Procedure Sep. 23, 2010
People v. Rodriguez
Criminal street gang offense under Penal Code Section 186.22(a) does not apply to attempted robbery by gang member acting alone. 		Criminal Law and Procedure Sep. 22, 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 Sep. 22, 2010
People v. Pacheco
Court may not impose fines for attorney, probation, or booking fees without determining defendant’s ability to pay such fines. 		Criminal Law and Procedure Sep. 22, 2010
People v. Sokolsky
Court has discretion to refuse to allow defendant to represent himself in commitment proceedings under Sexually Violent Predator’s Act. 		Criminal Law and Procedure Sep. 22, 2010
Souliotes v. Evans
Statute of limitations for actual innocence claim does not require defendant to use maximum diligence, just ‘reasonable’ diligence to discover new evidence. 		Criminal Law and Procedure Sep. 21, 2010
U.S. v. Begay
SORNA requires sex offenders to keep their registration current even if change of address is to different Arizona address within Navajo Nation. 		Criminal Law and Procedure Sep. 21, 2010
U.S. v. Morsette
Court is not required to give instruction on self-defense, which explains that need for self-defense is most acute in person's home. 		Criminal Law and Procedure Sep. 21, 2010
Anthony v. Superior Court (People)
Offense-based prescription of life imprisonment for attempted murder offense punishable by life imprisonment ‘may be brought at any time’ under Penal Code Section 799. 		Criminal Law and Procedure Sep. 21, 2010
People v. Bailey
Crime of escape from prison requires showing that prisoner has gone beyond boundary of prison facility having custody of prisoner. 		Criminal Law and Procedure Sep. 20, 2010
U.S. v. Moreland
‘Proceeds’ in federal money-laundering charge must be defined as only ‘profits’ in instruction to jury. 		Criminal Law and Procedure Sep. 20, 2010
U.S. v. Bohn
Under Property Clause, National Park Services may enforce traffic and motor vehicle regulations within federal land in order to protect public. 		Criminal Law and Procedure Sep. 20, 2010
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