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Name Category Published
U.S. v. Buzo-Zepeda
California’s sentencing cap and allowance for defendant to circumvent cap has no effect on criminal history calculation under United States Sentencing Guidelines. 		Criminal Law and Procedure Jun. 28, 2010
U.S. v. King
Transferee court with subsequent jurisdiction over defendant has power to revoke supervised release for violations occurring before transfer occurred. 		Criminal Law and Procedure Jun. 28, 2010
People v. Bloom
911 dispatcher’s citizen’s arrest of harassing caller, which occurred via telephone, is lawful where arrest occurred promptly. 		Criminal Law and Procedure Jun. 28, 2010
Magwood v. Patterson
Second state-ordered death sentence is considered new judgment that cannot bar challenge as ‘second or successive.’ 		Criminal Law and Procedure Jun. 25, 2010
People v. Gastello
Arrestee’s involuntary presence in jail does not prohibit him from being charged for bringing controlled substance into custodial setting. 		Criminal Law and Procedure Jun. 25, 2010
People v. Low
Violation for knowingly bringing controlled substance into custodial setting applies to arrestees involuntarily entering jail on separate offense. 		Criminal Law and Procedure Jun. 25, 2010
Skilling v. U.S.
Honest-services fraud offense includes only actions by officers involving kickback or bribery schemes. 		Criminal Law and Procedure Jun. 25, 2010
Black v. U.S.
Corporate executives indicted for mail fraud do not forfeit objections to jury instructions by successfully opposing government-proposed special-verdict forms. 		Criminal Law and Procedure Jun. 25, 2010
People v. Garcia
Psychotherapist-patient privilege applies to restitution proceedings where victim is entitled to restitution for crime by statute. 		Criminal Law and Procedure Jun. 24, 2010
People v. Lopez
Constructive ‘touching’ occurs where defendant, with sexually-motivated intent, directs minors to undress themselves outside his presence. 		Criminal Law and Procedure Jun. 24, 2010
Schaffer v. Superior Court (People)
Prosecution is not required to provide defendant who retained counsel with copies of discoverable items free of charge. 		Criminal Law and Procedure Jun. 24, 2010
People v. Weber
Defendant is competent to waive right to counsel where he knowingly understands proceedings, despite attempts to thwart proceedings with outrageous actions. 		Criminal Law and Procedure Jun. 24, 2010
People v. Tompkins
Victim’s generic testimony, combined with defendant’s own statements, is sufficient evidence to support child molestation conviction. 		Criminal Law and Procedure Jun. 24, 2010
U.S. v. Valencia-Barragan
Conviction for rape of child who is 12 or 13-years-old constitutes crime of violence warranting 16-level sentence increase. 		Criminal Law and Procedure Jun. 23, 2010
People v. Ogle
Stalking is act of domestic violence admissible to prove propensity to commit subsequent crime of making criminal threats. 		Criminal Law and Procedure Jun. 23, 2010
People v. Morris
Defendant’s knowledge of victim’s mental impairment, without knowledge of its affect on victim’s functionality, does not meet sentencing enhancement requirements. 		Criminal Law and Procedure Jun. 23, 2010
People v. Henry
Evidence seized from defendant's car incident to arrest is admissible where officers relied in good faith upon decision allowing search of entire compartment. 		Criminal Law and Procedure Jun. 22, 2010
People v. Fontana
Court’s failure to conduct hearing to determine admissibility of evidence is harmless error where evidence has little probable value. 		Criminal Law and Procedure Jun. 22, 2010
U.S. v. Baston
Court’s discretion to grant restitution as condition of supervised release applies to defendant convicted of Internal Revenue Code violations. 		Criminal Law and Procedure Jun. 22, 2010
People v. Eusebio
Penal Code Section 4019 does not have retroactive application to award defendant presentence conduct credit. 		Criminal Law and Procedure Jun. 21, 2010
People v. Davis
Felon who pleads no contest is not required to pay court facilities fee where conviction occurred before fee statute went into effect. 		Criminal Law and Procedure Jun. 21, 2010
Gardner v. Superior Court (County of Contra Costa)
Court must hear request for funds by indigent defendant in trial of capital case where defendant was charged with murder with special circumstances. 		Criminal Law and Procedure Jun. 21, 2010
Dillon v. U.S.
Court may not reduce final sentences outside range of sentencing guidelines amendments. 		Criminal Law and Procedure Jun. 18, 2010
Banjo v. Ayers
Successive state habeas petition does not toll one-year federal habeas statute of limitation. 		Criminal Law and Procedure Jun. 18, 2010
People v. Datt
Defense attorney is not deficient for failure to present expert testimony in case involving uncorroborated eyewitness identification. 		Criminal Law and Procedure Jun. 18, 2010
U.S. v. Laurienti
Although it does not require mathematical precision, loss calculation for victims of securities fraud scheme is illogical, and thus not reasonable. 		Criminal Law and Procedure Jun. 17, 2010
U.S. v. Gossi
Court properly holds defendant responsible to pay restitution for direct and proximate harm, rather than solely for reasonably foreseeable harm. 		Criminal Law and Procedure Jun. 16, 2010
Howard v. Clark
Trial attorney’s failure to interview surviving victim of charged crime to present defense is not reasonable decision where victim indicated defendant’s innocence. 		Criminal Law and Procedure Jun. 16, 2010
Holland v. Florida
Death penalty appeal statute of limitations may be subject to equitable tolling where petitioner’s attorney’s conduct is egregiously unprofessional. 		Criminal Law and Procedure Jun. 15, 2010
Dolan v. United States
Court missing deadline under Mandatory Victims Restitution Act maintains power to order restitution where only amount was left open before deadline expired. 		Criminal Law and Procedure Jun. 15, 2010
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