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Name Category Published
Polanski v. Superior Court (People)
Roman Polanski's request for dismissal of criminal prosecution based on judicial misconduct is properly denied under fugitive disentitlement doctrine. 		Criminal Law and Procedure Dec. 22, 2009
People v. Bejarano
Defendant's severe depression does not excuse his duty to register annually as convicted sex offender. 		Criminal Law and Procedure Dec. 22, 2009
People v. Hernandez
Jury is not required to unanimously agree that defendant entered residence intending to commit sodomy or rape for purposes of life sentence. 		Criminal Law and Procedure Dec. 21, 2009
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 Dec. 21, 2009
U.S. v. Bays
Idaho pardon does not expunge prior conviction from subsequent calculation of criminal history category for sentencing purposes. 		Criminal Law and Procedure Dec. 18, 2009
People v. Saleem
Statute prohibiting possession of body armor is unconstitutionally vague where statute failed to provide notice as to which vests constituted illegal armor. 		Criminal Law and Procedure Dec. 18, 2009
People v. Copass
Conviction for evading police officer with willful disregard for others’ safety stands although officer deactivated lights when he lost sight of offender. 		Criminal Law and Procedure Dec. 16, 2009
People v. Ten Thousand One Hundred Fifty Three Dollars and Thirty Eight Cents ($10,153.38) in U.S. Currency
Failure to try forfeiture proceeding in conjunction with underlying criminal offense precludes entry of order of forfeiture for $10,153.38. 		Criminal Law and Procedure Dec. 15, 2009
In re Masoner
Governor’s reversal of board’s decision to place prisoner on parole is correctly ordered vacated by court without violating due process. 		Criminal Law and Procedure Dec. 15, 2009
People v. Sanchez
Where defendant's gang participation conviction is predicated on his direct commission of robbery, Penal Code Section 654 bars his punishment for both. 		Criminal Law and Procedure Dec. 15, 2009
Pinholster v. Ayers
Ineffective assistance of counsel occurs during penalty phase where counsel failed to investigate mitigating conditions. 		Criminal Law and Procedure Dec. 14, 2009
Cox v. Ayers
Counsel who elects to pursue strategy that was not based on defendant’s limited childhood abuse does not provide ineffective assistance of counsel. 		Criminal Law and Procedure Dec. 14, 2009
People v. Limon
Guilty plea given under advisement of possible immigration consequences cannot be overturned under Penal Code Section 1016.5. 		Criminal Law and Procedure Dec. 14, 2009
People v. Butler
Jailed defendant can still represent himself in murder trial even if he has disciplinary restrictions that hinder his trial preparation. 		Criminal Law and Procedure Dec. 11, 2009
Robinson v. Kramer
Defendant who challenges court’s denial of motion to substitute counsel must separately challenge that denial as infringing on right to self-representation. 		Criminal Law and Procedure Dec. 10, 2009
People v. Cason
Pimp is still guilty of pandering if woman has only contemplated working as prostitute and if woman has engaged in prostitution before. 		Criminal Law and Procedure Dec. 9, 2009
Beard v. Kindler
State court's rejection of defendant's appeal based on firmly established state law is not inadequate simply because law is discretionary. 		Criminal Law and Procedure Dec. 9, 2009
People v. Ervine
Government search of privileged information is only violation of right to counsel if searching agency communicated the privileged information to prosecuting agency. 		Criminal Law and Procedure Dec. 8, 2009
Michigan v. Fisher
Police can reasonably enter home without warrant to render emergency assistance or protect an occupant from imminent injury. 		Criminal Law and Procedure Dec. 8, 2009
U.S. v. Curtin
Lifetime term of supervision does not constitute vindictive sentence where term was grounded in evidence and designed to protect public interest. 		Criminal Law and Procedure Dec. 6, 2009
U.S. v. Monghur
Inmate does not waive expectation of privacy to justify warrantless search where he told associate about hidden firearm during recorded conversation. 		Criminal Law and Procedure Dec. 6, 2009
People v. Fulton
Without certificate of probable cause, defendant’s admission of prior prison term allegation cannot be withdrawn, nor could its validity be attacked. 		Criminal Law and Procedure Dec. 3, 2009
In re Gomez
Inmate convicted of multiple felonies, whose violent felony sentence was stayed, is not subject to Penal Code Section 2933.1 credit limit. 		Criminal Law and Procedure Dec. 3, 2009
People v. Zielesch
Defendant’s conviction stands despite courtroom spectators having worn commemorative buttons during trial where co-conspirator’s unplanned murder of patrol officer was foreseeable. 		Criminal Law and Procedure Dec. 3, 2009
U.S. v. Thompson
Trial court satisfies heightened standard for assessment of competence for self-representation by conducting comprehensive evidentiary hearing to determine pro se defendant's competence. 		Criminal Law and Procedure Dec. 3, 2009
U.S. v. Kuo
Under 18 U.S.C. Section 241, restitution for victims of forced prostitution is not measured by amount defendants received for their sex acts. 		Criminal Law and Procedure Dec. 3, 2009
Bradway v. Cate
Special circumstance of lying in wait is not vague where circumstance required specific intent to kill and first degree murder statute did not. 		Criminal Law and Procedure Dec. 3, 2009
People v. Cohens
Sex offender’s liability for willful failure to register requires proof of his actual knowledge that he was required to register particular residence. 		Criminal Law and Procedure Dec. 2, 2009
In re Gray
Absent valid local rule of court holding otherwise, notice of appeal in criminal case may be filed with courtroom clerk. 		Criminal Law and Procedure Dec. 2, 2009
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 Dec. 2, 2009
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