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Name Category Published
U.S. v. Charles
Defendant's convictions for possessing controlled substance for sale can be used as career offender enhancements for sentencing purposes. 		Criminal Law and Procedure Sep. 11, 2009
People v. Gutierrez
Admission of narrative portion of sexual assault examination report violates defendant's right to confrontation but is not prejudicial error. 		Criminal Law and Procedure Sep. 11, 2009
People v. Quiles
Juvenile adjudications for burglary and second degree robbery properly used to impose upper term where crimes were of increasing seriousness. 		Criminal Law and Procedure Sep. 11, 2009
Smith v. Lockyer
Trial court improperly attempts to coerce verdict where judge instructed jury to examine specific inconsistencies in statements. 		Criminal Law and Procedure Sep. 10, 2009
Birotte v. Superior Court (People)
One-year limitations period for filing complaint after DNA has conclusively established identity of suspect requires more than positive identification of suspect. 		Criminal Law and Procedure Sep. 10, 2009
People v. Mcintosh
Defendant not entitled to withdraw plea after retired judge becomes unavailable. 		Criminal Law and Procedure Sep. 10, 2009
U.S. v. Bride
District court may not reduce sentence imposed pursuant to plea agreement where sentence was not based on subsequently lowered sentencing range. 		Criminal Law and Procedure Sep. 9, 2009
U.S. v. $6,190.00 in U.S. Currency
Federal court may strike fugitive’s claim to assets in forfeiture proceeding where he failed to appear in state criminal proceeding. 		Criminal Law and Procedure Sep. 9, 2009
People v. Cardona
Juvenile unfitness is properly determined by judge, rather than jury. 		Criminal Law and Procedure Sep. 9, 2009
People v. Morgain
Prosecutor may draw negative inferences from material witness' refusal to testify where she was granted immunity. 		Criminal Law and Procedure Sep. 9, 2009
People v. Lawrence
CALCRIM jury instructions properly conveyed standard of assessing witness credibility in attempted murder case. 		Criminal Law and Procedure Sep. 9, 2009
Friedman v. Boucher
Government employees not entitled to qualified immunity where forcible warrantless taking of DNA sample violated clearly established Fourth Amendment rights. 		Criminal Law and Procedure Sep. 9, 2009
Doe v. Brown
Defendant remains subject to sex offender registration and public disclosure of information where conviction was dismissed for successful completion of probation. 		Criminal Law and Procedure Sep. 4, 2009
U.S. v. Knight
District court must reduce maximum term of supervised release by aggregate length of all terms of imprisonment imposed upon revocation. 		Criminal Law and Procedure Sep. 3, 2009
People v. Burton
Trial court retains jurisdiction to revoke probation after expiration of probation term despite tolling based on unproven probation violation. 		Criminal Law and Procedure Sep. 2, 2009
People v. Lopez
Blood alcohol laboratory report constitutes inadmissible hearsay evidence where defendant could cross-examine creator of report who was available to testify. 		Criminal Law and Procedure Sep. 2, 2009
U.S. v. Inzunza
District judge properly relies on co-conspirator statements and party opponent admissions to convict former city councilman of extortion. 		Criminal Law and Procedure Sep. 2, 2009
People v. Villalobos
Restitution fine imposed at sentencing does not violate plea bargain where parties left issue of fines to trial court's discretion. 		Criminal Law and Procedure Sep. 1, 2009
People v. Shaw
Jury instruction for annoying and molesting minor correctly tailors unnatural sexual interest to victim of crime. 		Criminal Law and Procedure Sep. 1, 2009
People v. Brookfield
Sentence enhancement for companion’s firearm use is improper where court also imposed life term for participation in street gang. 		Criminal Law and Procedure Sep. 1, 2009
People v. Jones
Defendant who shoots into inhabited dwelling to benefit criminal street gang subject to life term and enhancement for personally discharging firearm. 		Criminal Law and Procedure Sep. 1, 2009
People v. Tran
Street terrorism conviction based on murder or attempted murder improper where defendant intended to benefit his gang in both acts. 		Criminal Law and Procedure Sep. 1, 2009
U.S. v. Gallenardo
Mistrial denied where taped conversation containing information about other sexual allegations against defendant was played to jury. 		Criminal Law and Procedure Aug. 31, 2009
U.S. v. Comprehensive Drug Testing, Inc.
Government may not claim plain view doctrine to retain drug test records of baseball players after conducting broad seizure of computer files. 		Criminal Law and Procedure Aug. 28, 2009
U.S. v. Cardenas-Mendoza
Court errs by not striking witness testimony under Jencks Act where government failed to provide substitute for missing transcript. 		Criminal Law and Procedure Aug. 28, 2009
People v. Davis
'Rescue doctrine' renders admissible defendant's confession elicited without attorney present four days after invoking right to counsel. 		Criminal Law and Procedure Aug. 28, 2009
People v. Anderson
Double jeopardy does not bar retrial of sentencing allegation where jury convicts on substantive crime only. 		Criminal Law and Procedure Aug. 28, 2009
People v. Perez
Probation condition prohibiting defendant from being within 500 feet of any court is overbroad. 		Criminal Law and Procedure Aug. 27, 2009
People v. Hach
Jury instruction for second degree felony murder based on shooting at occupied vehicle is harmless error. 		Criminal Law and Procedure Aug. 27, 2009
People v. Cannedy
Recusal of district attorney's office is improper where prosecutor intended to offer office employee’s testimony regarding uncharged similar acts by defendant. 		Criminal Law and Procedure Aug. 27, 2009
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