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Name Category Published
People v. Fenderson
Conviction for grand theft is supported by substantial evidence where caretaker removed over $300,000 from elderly woman's bank accounts after her death. 		Criminal Law and Procedure Sep. 20, 2010
U.S. v. Albritton
Defendant’s use of gun pointed directly at victims of robbery is correctly considered weapon ‘otherwise used,’ not ‘brandished,’ for sentencing enhancement purposes. 		Criminal Law and Procedure Sep. 17, 2010
People v. Lopez
Effective date of statute imposing facilities assessment for criminal conviction is determined by date of conviction, not crime, to determine applicability. 		Criminal Law and Procedure Sep. 16, 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 Sep. 16, 2010
U.S. v. Pool
Government’s interest in definitively determining defendant’s identity outweighs defendant’s privacy interest in giving DNA sample as condition of pre-trial release. 		Criminal Law and Procedure Sep. 15, 2010
U.S. v. Comprehensive Drug Testing Inc.
Government may not claim plain view doctrine to retain drug test records of baseball players after conducting broad seizure of computer files. 		Criminal Law and Procedure Sep. 14, 2010
People v. Laufasa
State court may condition probation and prohibit defendant from illegally entering country without overstepping immigration power vested solely in federal government. 		Criminal Law and Procedure Sep. 13, 2010
U.S. v. Bennett
Bank fraud convictions are improper where fraudulently obtained mortgages were loaned by subsidiary of bank insured by FDIC. 		Criminal Law and Procedure Sep. 13, 2010
U.S. v. Espinoza-Morales
State convictions for sexual battery and penetration with foreign object do not constitute ‘crimes of violence’ for sentencing purposes. 		Criminal Law and Procedure Sep. 13, 2010
In re Taplett
Criminal’s failure to accept full responsibility for murder is evidence supporting current level of dangerousness and supports reversal of grant of parole. 		Criminal Law and Procedure Sep. 13, 2010
Opinion of Brown
Coroner's office may lawfully provide Dept. of Justice with samples from deceased inmates and need not notify next of kin before doing so. 		Criminal Law and Procedure Sep. 13, 2010
People v. Ireland
Forcible rape conviction is supported by sufficient evidence where defendant’s use of weapon negated victims’ previous consent to sexual intercourse. 		Criminal Law and Procedure Sep. 9, 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 Sep. 9, 2010
Heishman v. Ayers
Prosecution’s failure to correct witness’s false testimony is immaterial where testimony would not change jury’s verdict. 		Criminal Law and Procedure Sep. 9, 2010
Thompson v. Runnel
'Miranda' warning is ineffective when police deliberately withheld warning until after obtaining in-custody confession. 		Criminal Law and Procedure Sep. 9, 2010
U.s. v. Crews
For sentencing purposes, Oregon second-degree assault offense constitutes 'crime of violence.' 		Criminal Law and Procedure Sep. 9, 2010
People v. Cox
Trial court properly determines that prosecutor’s reasons for peremptory challenges in voir dire were not based on race. 		Criminal Law and Procedure Sep. 8, 2010
People v. Cox
Trial court properly determines that prosecutor’s reasons for peremptory challenges in voir dire were not based on race. 		Criminal Law and Procedure Sep. 8, 2010
McCormick v. Adams
Criminal defendant knowingly and voluntarily waives right to counsel when record reflects he was competent and enthusiastically exercised his right to self-representation. 		Criminal Law and Procedure Sep. 7, 2010
U.S. v. Munoz-Camarena
Subsequent conviction for simple possession is felony, not aggravated felony, for purposes of sentencing following conviction for illegal reentry after deportation. 		Criminal Law and Procedure Sep. 7, 2010
People v. Jones
Under amendment to Penal Code Section 4019, stricken prior serious felony conviction may entitle defendant to award of additional presentence custody credit. 		Criminal Law and Procedure Sep. 7, 2010
U.S. v. Millis
Distribution of purified water bottles in national wildlife refuge does not constitute ‘disposal of waste’ in violation of 50 C.F.R. Section 27.94(a). 		Criminal Law and Procedure Sep. 3, 2010
Baca v. Superior Court (People)
Petitioner may not seek discovery of materials to use as evidence on successive habeas petition on same issue actually litigated at trial. 		Criminal Law and Procedure Sep. 2, 2010
U.S. v. Melchor-Meceno
Menacing conviction requiring knowing violent force or threat of force is categorical ‘crime of violence’ justifying sentence enhancement. 		Criminal Law and Procedure Sep. 2, 2010
People v. Mendez
De facto life sentence without parole is cruel and unusual punishment for juvenile in absence of injury or death to any of juvenile’s victims. 		Criminal Law and Procedure Sep. 2, 2010
U.S. v. Armstrong
Defendant may not avoid sentence enhancement for selecting victim on basis of race even if co-defendant was first to select victim. 		Criminal Law and Procedure Sep. 1, 2010
U.S. v. Wipf
District court is not permitted to impose sentence below mandatory statutory minimum through application of factors in 18 U.S.C. Section 3553(a). 		Criminal Law and Procedure Sep. 1, 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. 1, 2010
Brown v. Superior Court (People)
Double jeopardy motion is improperly denied where prosecution failed to show that counts for retrial pertained to conduct defendant was acquitted of. 		Criminal Law and Procedure Sep. 1, 2010
People v. Bradford
Mall security guards are robbery victims by virtue of having ‘special relationship’ with storeowners and authority to protect store’s stolen property. 		Criminal Law and Procedure Sep. 1, 2010
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