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Name Category Published
Alvarez v. Superior Court (People)
Assignment procedure authorized by law needs no local rule for implementation and presiding judge has authority to designate departments for pretrial settlements. 		Criminal Law and Procedure Apr. 12, 2010
People v. Zamani
Trial court does not err in omitting jury instruction on specific intent for crime of appropriation of lost property. 		Criminal Law and Procedure Apr. 9, 2010
People v. Superior Court (Pearson)
Statute providing postconviction discovery does not amend Proposition 115, which only governs pretrial discovery, and is thus valid. 		Criminal Law and Procedure Apr. 9, 2010
U.S. v. Juarez
Fugitive tolling of defendant’s supervised release term begins when defendant absconds from supervision, not when warrant is issued. 		Criminal Law and Procedure Apr. 9, 2010
People v. Friedeck
Defendant is ineligible for Proposition 36 probation due to implied refusal of drug treatment although he lost paperwork and attended AIDS classes. 		Criminal Law and Procedure Apr. 9, 2010
People v. Superior Court (Costa)
Murder charges are improperly dismissed where truck driver was likely subjectively aware of great risk of his actions. 		Criminal Law and Procedure Apr. 8, 2010
People v. Dowl
Experienced officers are qualified expert witnesses on marijuana possession for sale and are not required to additionally qualify as medical marijuana experts. 		Criminal Law and Procedure Apr. 8, 2010
White v. Martel
Tolling of statute of limitations for filing federal habeas petition is unavailable where state court determined that state habeas petition was untimely. 		Criminal Law and Procedure Apr. 8, 2010
U.S. v. Tello
Arizona citizen is properly charged with federal sex crime against minor because defendant could also be charged with California crime. 		Criminal Law and Procedure Apr. 8, 2010
U.S. v. Andrews
District court’s refusal to consider defendant’s contrary evidence of cause of victim’s injuries violates duty to resolve disputes by preponderance of evidence. 		Criminal Law and Procedure Apr. 8, 2010
People v. Brooks
Probation condition prohibiting use or possession of medical marijuana is valid where restriction is reasonably related to defendant’s criminal offense. 		Criminal Law and Procedure Apr. 8, 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 Apr. 7, 2010
Martinez v. Board of Parole Hearings
Board of Parole Hearings fails to make explicit finding of quadriplegic’s threat to public safety in relation to request for compassionate release. 		Criminal Law and Procedure Apr. 7, 2010
People v. Cantu
Court errs in enforcing plea agreement where deputy withdrew consent to agreement before defendant pled guilty. 		Criminal Law and Procedure Apr. 7, 2010
People v. Milosavljevic
Trial court does not err when it instructs jury with single comprehensive unanimity instruction that applies to all listed sex offenses. 		Criminal Law and Procedure Apr. 7, 2010
People v. Bui
Temporary exclusion of defendant’s family members during jury voir dire proceeding does not violate defendant’s right to public trial. 		Criminal Law and Procedure Apr. 7, 2010
People v. Nakai
Incriminating online chat with minor is not confidential communication that requires suppression. 		Criminal Law and Procedure Apr. 6, 2010
People v. Sutton
Unavailability of defendant’s counsel is good cause to delay trial where unforeseen events led to attorney’s unavailability. 		Criminal Law and Procedure Apr. 6, 2010
People v. Noriega
Replacement of public defender with court-appointed attorney does not violate defendant's right to counsel under state Constitution. 		Criminal Law and Procedure Apr. 6, 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 Apr. 5, 2010
People v. Cogswell
Due diligence in establishing unavailability of witness does not require prosecution to request custody and delivery of out-of-state sexual assault victim. 		Criminal Law and Procedure Apr. 2, 2010
U.S. v. Norwood
Although error was ultimately harmless, affidavit proving alleged drug seller’s illegitimate income is testimonial and thus erroneously admitted into evidence. 		Criminal Law and Procedure Apr. 2, 2010
People v. Turnage
Defendant's felony punishment for maliciously placing false bomb with intent to cause others to fear for their safety violates equal protection right. 		Criminal Law and Procedure Apr. 2, 2010
People v. Hall
‘Carrying loaded firearm in public place’ is not lesser-included offense of ‘carrying concealed firearm’ and defendant may be convicted of both. 		Criminal Law and Procedure Apr. 1, 2010
People v. Bojorquez
County animal shelter qualifies as 'detention center' for purposes of animal kennel attendant's conviction for engaging in sexual activity with confined person. 		Criminal Law and Procedure Apr. 1, 2010
Berghuis v. Smith
Courts may use various methods and tests to decipher whether Sixth Amendment fair-cross-section requirement was violated in jury selection process. 		Criminal Law and Procedure Mar. 31, 2010
Thompson v. Frank
Collateral order doctrine does not apply where order staying habeas petition pending exhaustion of claims is addressable on appeal after final judgment. 		Criminal Law and Procedure Mar. 31, 2010
People v. Concha
Instructional error is harmless where rational jury would have found it clear that each defendant personally premeditated and deliberated attempted murder. 		Criminal Law and Procedure Mar. 31, 2010
People v. Johnson
Court properly considers defendant’s suppressed confession in deciding admissibility of evidence under Evidence Code Section 352. 		Criminal Law and Procedure Mar. 31, 2010
People v. Escudero
Evidence of uncharged sexual assaults against teenagers is admissible where probative as to propensity of committing similar crime against child. 		Criminal Law and Procedure Mar. 31, 2010
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