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Name Category Published
People v. Skiles
Involuntary manslaughter qualifies as serious felony under Three Strikes law if defendant personally inflicted great bodily injury. 		Criminal Law and Procedure Jan. 27, 2010
People v. Her
Incorrect imperfect self-defense jury instruction is not prejudicial where jury does not conclude defendant had actual belief of necessity. 		Criminal Law and Procedure Jan. 27, 2010
People v. Moret
Restriction of marijuana use and surrender of medical marijuana card is reasonable condition of parole and not abuse of sentencing court’s discretion. 		Criminal Law and Procedure Jan. 26, 2010
People v. Robinson
DNA profile is accurate, reliable, and valid method of identifying defendant in arrest warrant because it is particular in its description. 		Criminal Law and Procedure Jan. 26, 2010
U.S. v. Green
School-hired consultant who misled and concealed information on application for federal funds is properly convicted of wire fraud. 		Criminal Law and Procedure Jan. 25, 2010
People v. Sok
Gun enhancement may not be used to establish minimum indeterminate life term under gang enhancement statute and as separate enhancement of term. 		Criminal Law and Procedure Jan. 22, 2010
People v. Kelly
Legislative imposition of quantity limits on marijuana possession for patients protected by Compassionate Use Act constitutes invalid amendment of initiative statute. 		Criminal Law and Procedure Jan. 22, 2010
People v. Dominguez
Evidence of physical force, threats of harm and context of incident is sufficient for conviction for felony false imprisonment of minor. 		Criminal Law and Procedure Jan. 21, 2010
Wood v. Allen
State court decision on effectiveness of counsel is not unreasonable simply because district court would have determined differently in first instance. 		Criminal Law and Procedure Jan. 21, 2010
Presley v. Georgia
Court must always consider alternatives to excluding public during jury selection process. 		Criminal Law and Procedure Jan. 20, 2010
Wellons v. Hall
Bar to federal review does not exist where defendant seeks discovery and evidentiary hearing for possible court misconduct. 		Criminal Law and Procedure Jan. 20, 2010
Chaffer v. Prosper
Statute of limitations is not tolled where prisoner fails to file petition within reasonable time and no extraordinary circumstances for delay existed. 		Criminal Law and Procedure Jan. 20, 2010
U.S. v. Aguirre-Ganceda
For purposes of defendant's request to change sentence, one-year statute of limitations runs when Supreme Court denies petition for writ of certiorari. 		Criminal Law and Procedure Jan. 20, 2010
U.S. v. Palos-Marquez
In-person tip by unidentified informant provides reasonable suspicion to support border patrol agents' investigatory stop of vehicle. 		Criminal Law and Procedure Jan. 20, 2010
People v. Bankers Insurance Co.
Defense to forfeiture does not exist where bail bond provides that surety will undertake defendant’s appearance in any pleading based upon complaint. 		Criminal Law and Procedure Jan. 19, 2010
People v. Duong
Assault victim who received medical services for injuries must receive amount health plan considers full payment as restitution. 		Criminal Law and Procedure Jan. 15, 2010
People v. Martinez
Good cause does not exist for jury removal of probation department employee who was inadvertently contacted by investigator for defendant’s files. 		Criminal Law and Procedure Jan. 15, 2010
U.S. v. Yip
Federal court properly considers unpaid state tax in sentencing of federal tax violation convictions without granting deductions for unpaid state taxes. 		Criminal Law and Procedure Jan. 14, 2010
In re Criscione
Board of Parole Hearing’s decision not to release inmate is supported by sufficient findings and connected to conclusion that inmate is currently dangerous. 		Criminal Law and Procedure Jan. 14, 2010
People v. Frausto
Sentencing enhancements for discharge of firearm are proper when shootings were part of one continuous transaction that caused bodily injury or death. 		Criminal Law and Procedure Jan. 14, 2010
People v. Alford
Where burglary and theft were essentially same act, one sentence must be imposed, while other is imposed and then stayed. 		Criminal Law and Procedure Jan. 14, 2010
People v. Fierro
'Sustained fear' element for offense of making criminal threat is met where defendant made immediate death threats while showing victim weapon. 		Criminal Law and Procedure Jan. 13, 2010
People v. Skiles
Involuntary manslaughter qualifies as serious felony under Three Strikes law if defendant personally inflicted great bodily injury. 		Criminal Law and Procedure Jan. 13, 2010
Smith v. Spisak
Death sentence jury instructions do not preclude mitigating evidence as alleged where instructions properly required balance of aggravating and mitigating circumstances. 		Criminal Law and Procedure Jan. 13, 2010
Schad v. Ryan
Habeas petitioner who failed to develop facts necessary for ineffective assistance claim is entitled to hearing on diligence and reasonableness of efforts. 		Criminal Law and Procedure Jan. 13, 2010
People v. Gonzalez
Trial court errs in imposing gang statute's minimum parole eligibility period in addition to 25-year gun enhancement. 		Criminal Law and Procedure Jan. 13, 2010
McDaniel v. Brown
Court may only consider evidence on record to determine if jury conviction was rational. 		Criminal Law and Procedure Jan. 12, 2010
U.S. v. Mausali
Defendant waives claim of outrageous government conduct of which he is aware where he failed to assert it before trial. 		Criminal Law and Procedure Jan. 12, 2010
U.S. v. Pineda-Moreno
No reasonable expectation of privacy exists in driveway where no steps are taken to exclude passersby. 		Criminal Law and Procedure Jan. 12, 2010
People v. Branner
Evidence cannot be suppressed where police relied in good faith on relevant search laws that were subsequently made unlawful. 		Criminal Law and Procedure Jan. 12, 2010
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