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Name Category Published
People v. Rodriguez
Penal Code amendment granting more favorable presentence good conduct credit is not retroactively applicable. 		Criminal Law and Procedure Mar. 31, 2010
People v. Cissna
Juror’s daily discussions with friend about case was misconduct that created juror bias detrimental to defendant and basis for new trial. 		Criminal Law and Procedure Mar. 29, 2010
U.S. v. Dewey
‘Career offender’ status is based on sentence term of prior felony conviction, rather than actual time imprisoned. 		Criminal Law and Procedure Mar. 29, 2010
U.S. v. Castro
Lewd or lascivious act on child of 14 or 15 years by defendant over ten years older is not crime of violence. 		Criminal Law and Procedure Mar. 29, 2010
People v. Feyrer
Plea agreement does not restrict court's authority to declare ‘wobbler’ as misdemeanor where court initially granted probation by suspending imposition of sentence. 		Criminal Law and Procedure Mar. 25, 2010
Valdivia v. Schwarzenegger
Balancing test must be applied to all hearsay evidence to determine admissibility in parole hearings. 		Criminal Law and Procedure Mar. 25, 2010
Bailey v. Hill
Court lacks jurisdiction over habeas corpus petition brought pursuant to 28 U.S.C. Section 2254 challenging only restitution order. 		Criminal Law and Procedure Mar. 25, 2010
U.S. v. Maciel-Alcala
‘Another person’ as used for purposes of sentencing enhancement for identity theft includes both living and deceased actual individuals. 		Criminal Law and Procedure Mar. 25, 2010
U.S. v. Xinidakis
District court has discretion to impose consecutive sentences after revocation of multiple concurrent terms of supervised release. 		Criminal Law and Procedure Mar. 25, 2010
People v. Superior Court (Sharkey)
Board of Parole Hearings may, for good cause, impose 45-day hold beyond inmate’s release date to complete sexually violent predator evaluation. 		Criminal Law and Procedure Mar. 25, 2010
In re Loresch
Aggravated nature of crime, by itself, does not constitute ‘some evidence’ of current dangerousness to deny parole. 		Criminal Law and Procedure Mar. 25, 2010
People v. Bowman
Laboratory reports are allowable basis for in-court expert testimony and do not violate defendant’s right to confront witnesses. 		Criminal Law and Procedure Mar. 24, 2010
People v. Sanders
Failure of witness to testify on immaterial collateral matters does not violate defendant’s right to confront witnesses. 		Criminal Law and Procedure Mar. 24, 2010
U.S. v. Christensen
Undue influence enhancement is inapplicable to defendant convicted of enticing minor to engage in sexual activity where minor was actually undercover officer. 		Criminal Law and Procedure Mar. 24, 2010
U.S. v. Denton
Court must exercise its discretion to determine whether uncharged offenses would be classified as either felonies or misdemeanors for purposes of sentencing. 		Criminal Law and Procedure Mar. 24, 2010
People v. Gonzales
‘Residence’ in sex offender registration statute is commonly understood term without technical meaning, which is meant to be broadly defined. 		Criminal Law and Procedure Mar. 24, 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 Mar. 23, 2010
People v. Milward
Under revised Penal Code, life prisoner may commit assault under both Section 4500 and Section 245(a)(1). 		Criminal Law and Procedure Mar. 22, 2010
Wilson v. Superior Court (People)
State may not proceed with initial Sexually Violent Predator Act commitment trial while defendant is incompetent. 		Criminal Law and Procedure Mar. 22, 2010
People v. Fleury
Imposition of $30 assessment fee is not punitive in nature, and therefore is not prohibited ex post facto law. 		Criminal Law and Procedure Mar. 22, 2010
People v. Castillo
Court properly imposes $30 criminal conviction assessment even though statute authorizing assessment was enacted after date of defendant’s crimes. 		Criminal Law and Procedure Mar. 21, 2010
U.S. v. Nevils
Sufficiency of evidence review for felony in possession of firearms requires viewing evidence in light most favorable to prosecution, thereby upholding conviction. 		Criminal Law and Procedure Mar. 21, 2010
U.S. v. Hofus
Court’s instruction on attempt charge’s ‘substantial step’ element is proper and does not require unanimity as to what it specifically constituted. 		Criminal Law and Procedure Mar. 21, 2010
Blakely v. Superior Court (People)
Prisoner cannot be evaluated, certified, and recommitted as mentally disordered offender after parole date passes. 		Criminal Law and Procedure Mar. 21, 2010
People v. Brown
Amended Penal Code that provides enhanced conduct credits for presentence confinement applies retroactively for less-serious offenders. 		Criminal Law and Procedure Mar. 18, 2010
U.S. v. Rocha
Inmate who used hands to cause another inmate to crash onto concrete floor is wrongfully convicted of assault with dangerous weapon. 		Criminal Law and Procedure Mar. 18, 2010
People v. Gamache
Based on evidence, entire district attorney’s office need not recuse itself from homicide trial where surviving victim was prosecution’s employee. 		Criminal Law and Procedure Mar. 18, 2010
People v. Bankers Insurance Co.
Surety is estopped from challenging bail bond forfeiture and summary judgment although court acted outside of jurisdiction by acceding to surety's extension requests. 		Criminal Law and Procedure Mar. 17, 2010
In re Moses
Governor’s reversal of prisoner’s parole grant is improperly based on circumstances of commitment offense and not supported by evidence of current dangerousness. 		Criminal Law and Procedure Mar. 16, 2010
People v. Lynch
Defendant’s out-of-state residence and possibility of past arrest warrant may toll statute of limitations for variety of offenses. 		Criminal Law and Procedure Mar. 16, 2010
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