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Name Category Published
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. 12, 2010
People v. Hollie
10-year limitations period for sex offenses applies on appeal although court did not base its ruling on 10-year limitations period at trial. 		Criminal Law and Procedure Jan. 11, 2010
U.S. v. Capener
Attorney fee award is improper where government did not act frivolously in failing to perform further investigation after relying on expert opinion. 		Criminal Law and Procedure Jan. 11, 2010
U.S. v. Burkholder
Striking of written victim impact statements from presentence report does not violate victims’ right to be heard under Crime Victims’ Rights Act. 		Criminal Law and Procedure Jan. 11, 2010
People v. Orozco
Defendant cannot waive challenge of ineffective assistance of counsel when claimed ineffectiveness relates to plea containing that waiver. 		Criminal Law and Procedure Jan. 11, 2010
Norwood v. Vance
Prison officials have qualified immunity where inmate was denied outdoor exercise during lockdowns imposed because of ongoing violent incidents. 		Criminal Law and Procedure Jan. 8, 2010
U.S. v. $186,416.00 in U.S. Currency
Declaration acknowledging medical marijuana status, which was attached to filing for return of illegally seized currency, does not provide probable cause. 		Criminal Law and Procedure Jan. 8, 2010
Cook v. Lamarque
Peremptory challenges used to strike African American jurors must be substantially motivated by discriminatory intent to be invalid. 		Criminal Law and Procedure Jan. 8, 2010
People v. Maikhio
Seizure of protected California spiny lobster from defendant’s car is unreasonable and does not serve special need that would justify suspicionless search. 		Criminal Law and Procedure Jan. 7, 2010
Harrison v. Gillespie
Double Jeopardy applies when judge improperly declares mistrial without granting jury poll request that may have resulted in acquittal of death penalty. 		Criminal Law and Procedure Jan. 6, 2010
U.S. v. Forrester
Defendant is not entitled to redacted portions of wiretap application where government is able to defend warrant without relying on redacted information. 		Criminal Law and Procedure Jan. 6, 2010
U.S. v. Morales
Court does not have authority to reduce sentence if sentence would be reduction of imprisonment based on revocation of supervised release. 		Criminal Law and Procedure Jan. 6, 2010
U.S. v. Laurico-Yeno
Prior conviction for inflicting corporal injury on partner constitutes categorical crime of violence for purposes of sentencing enhancement. 		Criminal Law and Procedure Jan. 5, 2010
U.S. v. Mancinas-Flores
Trial court’s rejection of guilty plea that lacks reasoning of such action is not proper. 		Criminal Law and Procedure Jan. 4, 2010
People v. Thompson
Minute order and abstract of judgment may prevail over oral pronouncements of court when conflicting sentences are indicated in record. 		Criminal Law and Procedure Dec. 31, 2009
U.S. v. Anchrum
Instruction that failed to require jury to find that defendant’s use of vehicle could cause death or serious injury is harmless error. 		Criminal Law and Procedure Dec. 31, 2009
U.S. v. No Runner
Finding collateral order doctrine inapplicable, appeals court lacks review jurisdiction over district court’s non-final determination of defendant’s competency to stand trial. 		Criminal Law and Procedure Dec. 31, 2009
Ford v. Pliler
District court does not affirmatively mislead pro se litigant when it fails to advise on issues related to statute of limitations. 		Criminal Law and Procedure Dec. 31, 2009
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 Dec. 30, 2009
People v. Murphy
Recently enacted misdemeanor Vehicle Code statutes do not preempt felony conviction of offering false information for filing. 		Criminal Law and Procedure Dec. 30, 2009
People v. Pham
Totality of circumstances, rather than express representations, determine whether defendant is guilty of sexual battery by fraud. 		Criminal Law and Procedure Dec. 30, 2009
People v. Taylor
Same standard is applied for determining competency to stand trial and competency for self-representation in capital case. 		Criminal Law and Procedure Dec. 29, 2009
U.S. v. Noster
Search and seizure of truck lawful where probable cause existed showing defendant had fraudulently obtained vehicle and failed to make payments. 		Criminal Law and Procedure Dec. 29, 2009
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 Dec. 29, 2009
People v. Sanchez
Positioning of deputy near defendant during testimony is not inherently prejudicial where court has discretion to maintain such security measures. 		Criminal Law and Procedure Dec. 28, 2009
People v. Leal
Convictions for rape and sexual penetration by artifice stand where defendant intended to induce wife to believe that he was her husband. 		Criminal Law and Procedure Dec. 24, 2009
People v. Tarris
Trial court may order defendant convicted of unlawful disposal of hazardous waste to pay restitution for costs as condition of probation. 		Criminal Law and Procedure Dec. 23, 2009
People v. Ulloa
Co-tenancy does not constitute complete defense to burglary where there is evidence that defendant no longer had unconditional possessory interest in apartment. 		Criminal Law and Procedure Dec. 23, 2009
People v. Franco
Defendant’s personal use of controlled substances in own home does not violate statute barring maintenance of place for selling or using controlled substances. 		Criminal Law and Procedure Dec. 23, 2009
People v. Johnson
Proposed jury instruction on force is properly denied in assault case because it did not add or detract from issue of self-defense. 		Criminal Law and Procedure Dec. 23, 2009
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