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Case #	Name	Category	Court	Judge	Published
S064415	People v. Bramit Commutation instruction provided in response to death penalty jury question about impact of future legislation on sentence is not prejudicial error.	Criminal Law and Procedure			Jul. 17, 2009
S069959	People v. Lewis Trial court did not error by admitting photographs of murder victim and scene of crime into evidence.	Criminal Law and Procedure			Jul. 17, 2009
H032249	People v. Miller Unjustified shackling of defendant during trial is not harmless error where restraints had prejudicial effect on defendant and jury.	Criminal Law and Procedure			Jul. 16, 2009
C059154	People v. Hudson No violation of defendant's constitutional rights where jury instruction allows rejection of witness testimony based on inconsistent out-of-court statements.	Criminal Law and Procedure			Jul. 16, 2009
D053080	People v. Fields Exclusion of polygraph test questions in sexually violent predator commitment proceeding constitutes harmless error.	Criminal Law and Procedure			Jul. 16, 2009
D052147	People v. Blount Request to override terms of negotiated plea bargain properly declined where court lacked jurisdiction to impose lower sentence.	Criminal Law and Procedure			Jul. 16, 2009
A121195	People v. Osborne Pat-down search warranted where officer observes screwdrivers and pliers near defendant suspected of burglarizing vehicle.	Criminal Law and Procedure			Jul. 16, 2009
08-30180	U.S. v. Olander The crime of receiving child pornography does not require intent to distribute.	Criminal Law and Procedure			Jul. 16, 2009
A117853	People v. Dillon Trial court is not required to instruct jury on defendant’s belief that consent existed where victim acted unequivocally.	Criminal Law and Procedure			Jul. 15, 2009
07-10541	U.S. v. Young Motion to suppress gun found in hotel room properly granted where no affirmative actions taken to evict patron.	Criminal Law and Procedure			Jul. 15, 2009
08-30075	U.S. v. Overton Sexual exploitation of minor convictions not double jeopardy violation where one statute required proof of guardian status and other did not.	Criminal Law and Procedure			Jul. 15, 2009
06-50552	U.S. v. Gerritsen Amateur-radio host having represented himself at least nine previous times cannot argue his waiver of right to counsel was ineffective.	Criminal Law and Procedure			Jul. 14, 2009
A119501	People v. Hernandez Placement of armed sheriff behind defendant during his testimony violates due process right to fair trial.	Criminal Law and Procedure			Jul. 14, 2009
S157820	People v. Traylor Second complaint charging negligent vehicular manslaughter not barred by dismissal of first complaint for vehicular manslaughter with gross negligence.	Criminal Law and Procedure			Jul. 14, 2009
C057782	People v. Stuckey Defendant's right to appointment of defense experts is only available at trial and does not extend to sentencing.	Criminal Law and Procedure			Jul. 13, 2009
07-15087	Ramirez v. Yates Limitations period for filing federal habeas petition may be tolled where prisoner lacked knowledge of decision and access to legal files.	Criminal Law and Procedure			Jul. 13, 2009
07-15700	Kardoh v. U.S. <EM>In pari delicto</EM> doctrine bars return of money used to illegally obtain alien registration cards.	Criminal Law and Procedure			Jul. 13, 2009
S034072	People v. Curl No right to jury trial or application of beyond a reasonable doubt standard to determine constitutional validity of prior conviction in capital case.	Criminal Law and Procedure			Jul. 10, 2009
C059868	People v. Ochoa Marijuana possession conviction occurring more than two years before current offenses does not negate eligibility for deferred entry of judgment.	Criminal Law and Procedure			Jul. 10, 2009
S157565	People v. McNeal Statute prohibiting driving 'under the influence' presents rebuttable presumption that allows defendant to introduce partition ratio evidence.	Criminal Law and Procedure			Jul. 10, 2009
07-17322	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			Jul. 10, 2009
B200408	People v. Sizemore Trial court properly removes defendant from Proposition 36 drug treatment program where defendant was unamenable to treatment.	Criminal Law and Procedure			Jul. 10, 2009
07-16731	Ali v. Hickman Comparative juror analysis shows that prosecutor's use of peremptory challenges to strike African-American jurors were not race-neutral.	Criminal Law and Procedure			Jul. 9, 2009
F054603	People v. Ramon Gang expert's testimony alone does not constitute 'sufficient evidence' for sentencing enhancement.	Criminal Law and Procedure			Jul. 9, 2009
S024833	People v. Farley Denial of change of venue motion is proper where defendant could not show reasonable likelihood of unfair trial.	Criminal Law and Procedure			Jul. 7, 2009
S064337	People v. Rogers Death sentence imposed on second degree murder count is improper where sentence only applied to two first degree murders.	Criminal Law and Procedure			Jul. 7, 2009
08-30317	U.S. v. Old Chief Sentencing enhancement for physical restraint of victim in stabbing offense is proper.	Criminal Law and Procedure			Jul. 7, 2009
C055620	People v. Johndrow Defendant declared sexually violent predator has sufficient access to judicial review of commitment to satisfy due process requirements.	Criminal Law and Procedure			Jul. 3, 2009
S154847	People v. Nguyen Juvenile adjudication can be used to enhance adult sentence despite lack of right to jury trial in juvenile proceedings.	Criminal Law and Procedure			Jul. 3, 2009
A120767	People v. Bamberg Conviction for preparing false evidence stands where defendant intended to defraud court into believing that photographs depicted a different location.	Criminal Law and Procedure			Jul. 2, 2009