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Name Category Published
U.S. v. Roblero-Solis
Court's failure to individually determine that each defendant’s plea is voluntary during en masse plea hearing violates Federal Rules of Criminal Procedure. 		Criminal Law and Procedure Dec. 2, 2009
Sainez v. Venables
Statute of limitations does not bar extradition where Mexican arrest warrant was equivalent of U.S. indictment and tolled U.S. statute of limitations. 		Criminal Law and Procedure Dec. 2, 2009
People v. Reyes
Suppression motion fails where defendant does not have reasonable expectation of privacy in exterior of mail in area accessible to others. 		Criminal Law and Procedure Dec. 1, 2009
U.S. v. Truong
Stolen gift cards are ‘access devices’ for sentencing purposes because they access accounts that make provision of goods, money, or services possible. 		Criminal Law and Procedure Dec. 1, 2009
Porter v. McCollum
Counsel's failure to present mitigating evidence regarding veteran defendant’s military service and childhood abuse constitutes prejudicial error. 		Criminal Law and Procedure Nov. 30, 2009
U.S. v. Berger
Although correctly rejecting application of civil loss calculation for securities fraud, trial court errs by not estimating actual harm caused by defendant. 		Criminal Law and Procedure Nov. 30, 2009
People v. Zarazua
Defendant’s constructively filed appeals motion is valid although 15-day waiting period was violated because government failed to show lack of merit 		Criminal Law and Procedure Nov. 30, 2009
People v. Dotson
Mere presence of unobserved temporary registration sticker does not defeat reasonable suspicion requirement for making investigatory stops. 		Criminal Law and Procedure Nov. 30, 2009
People v. Lyons
Incarcerated appellant is only entitled to hearing of untimely appeal if he diligently attempted to timely file and prison officials caused delay. 		Criminal Law and Procedure Nov. 29, 2009
People v. Smith
Hearsay evidence that is probative of disputed element of fraudulent intent is admissible for non-hearsay purpose of proving that intent. 		Criminal Law and Procedure Nov. 29, 2009
People v. Scott
Trial court must consider closeness of two strikes where prior convictions for robbery and carjacking arose out of same facts. 		Criminal Law and Procedure Nov. 26, 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 Nov. 26, 2009
U.S. v. Mohsen
Contempt of court conviction is upheld where legally attained evidence showed that defendant applied for passport to flee country. 		Criminal Law and Procedure Nov. 26, 2009
People v. Freitas
Probation conditions are unconstitutional when they prohibited defendant’s possession of weapons or stolen goods without requiring knowledge. 		Criminal Law and Procedure Nov. 24, 2009
People v. Tuggles
Trial court may deny motion for jury contact information while maintaining discretion to subpoena jury for misconduct inquiries. 		Criminal Law and Procedure Nov. 24, 2009
U.S. v. Tupuola
Defendant's sentence based solely on career offender guidelines is not eligible for modification due to retroactive amendment of crack cocaine guidelines. 		Criminal Law and Procedure Nov. 24, 2009
People v. Reynolds
Counsel who concedes that client’s petition is frivolous does not provide ineffective assistance because dismissal is obviously inescapable. 		Criminal Law and Procedure Nov. 23, 2009
People v. Ochoa
Gang expert opinion is insufficient to show crime was committed for benefit of gang and to secure true finding of gang enhancement. 		Criminal Law and Procedure Nov. 23, 2009
People v. Johnson
Defendant must obtain certificate of probable cause before appealing conviction based on ineffective assistance regarding request to withdraw no contest plea. 		Criminal Law and Procedure Nov. 23, 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 Nov. 23, 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 Nov. 23, 2009
Gardner v. Schwarzenegger
Bill allowing incarceration of drug offenders is invalid where proposition passed by voters prohibits incarceration for those offenses. 		Criminal Law and Procedure Nov. 23, 2009
People v. Bell
For simple kidnapping conviction, jury must determine whether defendant’s movement of victim was substantial or merely incidental to intended associated crime. 		Criminal Law and Procedure Nov. 22, 2009
In re Ronje
Invalid determination of prisoner as sexually violent predator must be remedied with new evaluations. 		Criminal Law and Procedure Nov. 19, 2009
People v. Rios
Defendant’s statement is admissible when made knowingly and voluntarily after advisement of rights although defendant did not expressly waive those rights. 		Criminal Law and Procedure Nov. 19, 2009
U.S. v. Gutierrez-Sanchez
District court properly calculates Guidelines sentence where defendant's plea statement established commission of additional offense. 		Criminal Law and Procedure Nov. 18, 2009
Langhorne v. Superior Court (People)
Under Sexually Violent Predator Act, untimely petition for recommitment is not subject to dismissal where failure occurred due to good faith mistake. 		Criminal Law and Procedure Nov. 17, 2009
People v. Phu
Restitution for illegal diversion of electricity used in marijuana operation is valid when power diversion was measured from date utility service began. 		Criminal Law and Procedure Nov. 17, 2009
People v. Archer
Patient’s conviction requires factual determination that amount possessed is not reasonably related to medical needs due to unconstitutionality of marijuana act’s possession limit. 		Criminal Law and Procedure Nov. 17, 2009
Wong v. Belmontes
Attorney who decides against presenting more humanizing evidence does not prejudice client where doing so would have opened doors to aggravating evidence. 		Criminal Law and Procedure Nov. 16, 2009
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