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Name Category Published
Bible v. Ryan
Defendant's ineffective assistance of counsel claim denied where counsel's failure to pursue mitigating evidence of brain damage did not show actual prejudice. 		Criminal Law and Procedure Jul. 2, 2009
Vigilant Insurance Co. v. Chiu
Restitution order does not preclude victim's assignee from pursuing separate civil action based on criminal conviction. 		Criminal Law and Procedure Jul. 1, 2009
People v. Ebaniz
Testimony of defendant convicted of same murder deemed 'newly discovered evidence' warranting reversal of judgment and new trial. 		Criminal Law and Procedure Jul. 1, 2009
People v. Taylor
Under Sexually Violent Predator Act, retroactive application of indeterminate term of commitment to individuals whose initial commitment predated amendments is constitutional. 		Criminal Law and Procedure Jul. 1, 2009
U.S. v. Showalter
Motion to withdraw guilty plea based on newly discovered evidence is properly denied where defendant knew about witnesses at time of plea. 		Criminal Law and Procedure Jun. 30, 2009
People v. Ulloa
Prior conviction of gang-related alternate penalty provision is not 'serious felony' where no evidence showed that defendant was charged with felony. 		Criminal Law and Procedure Jun. 30, 2009
People v. Aldana
Conviction for knowingly keeping false accounts reversed where defendant was not county officer in control of public moneys. 		Criminal Law and Procedure Jun. 30, 2009
In re Martinez
Habeas petition premised on lack of consular notification, previously rejected on merits, is barred as successive. 		Criminal Law and Procedure Jun. 30, 2009
People v. Hajjaj
Remoteness of available courtroom is 'good cause' for continuance of trial beyond statutory time limit. 		Criminal Law and Procedure Jun. 30, 2009
Phelps v. Alameida
Intervening change in law allows for reconsideration of petition seeking relief from judgment under federal rules. 		Criminal Law and Procedure Jun. 29, 2009
People v. Cervantes
Probation improperly revoked after defendant, an undocumented alien, fails to show at review hearing because he was in federal custody. 		Criminal Law and Procedure Jun. 29, 2009
In re Jenkins
Work and school performance points available only to inmates participating in qualifying programs. 		Criminal Law and Procedure Jun. 29, 2009
People v. Sweeney
Trial court violates due process by determining whether charges against mentally retarded defendant involved great injury or serious threat of harm. 		Criminal Law and Procedure Jun. 26, 2009
Melendez-Diaz v. Massachusetts
Admission of analysis certificates proving substance seized was cocaine and showing amount recovered is violation of defendant's right to confrontation. 		Criminal Law and Procedure Jun. 26, 2009
People v. Dieck
Award of conduct credit requires sentence, not actual confinement, of six days or more. 		Criminal Law and Procedure Jun. 26, 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 Jun. 25, 2009
U.S. v. Tran
Conspiracy conviction reversed where mere presence in vehicle containing drugs is sole evidence of defendant's involvement. 		Criminal Law and Procedure Jun. 25, 2009
U.S. v. Paulk
Sentence controlled by statutory mandatory minimum is ineligible for reduction after amendment of Sentencing Guidelines. 		Criminal Law and Procedure Jun. 25, 2009
People v. Govea
Delay in <EM>Marsden</EM> hearing insufficent to show prejudice requiring reversal. 		Criminal Law and Procedure Jun. 24, 2009
People v. Millard
Restitution for economic loss may be reduced to reflect victim's comparative negligence. 		Criminal Law and Procedure Jun. 24, 2009
U.S. v. Sanchez
District court's refusal to consider post-sentence factors on limited <EM>Ameline</EM> remand is proper. 		Criminal Law and Procedure Jun. 24, 2009
Kessee v. Mendoza-Powers
Habeas relief denied where state court's finding that crime committed while on probation amounted to 'prior conviction' is reasonable. 		Criminal Law and Procedure Jun. 24, 2009
U.S. v. Mitchell
Insufficient evidence of bias found where juror in drug case had uncle killed by drug dealer 10 years ago. 		Criminal Law and Procedure Jun. 24, 2009
U.S. v. Medina-Villa
Sexual offense against child under 14 remains 'crime of violence' warranting sixteen-level increase even though statutory rape convictions now exempt. 		Criminal Law and Procedure Jun. 24, 2009
Tennison v. City and County of San Francisco
Homicide inspectors may not escape duty to disclose exculpatory evidence where plaintiffs were wrongly accused of murder. 		Criminal Law and Procedure Jun. 24, 2009
People v. Valdez
Disallowing probation to husband convicted of raping his spouse with foreign object does not violate equal protection. 		Criminal Law and Procedure Jun. 23, 2009
People v. Medina
Shooting death of rival gang member is reasonably foreseeable consequence of assault in gang confrontation. 		Criminal Law and Procedure Jun. 23, 2009
In re Hovanski
45-day hold placed on inmate for completion of sexually violent predator evaluation one day prior to release date is proper. 		Criminal Law and Procedure Jun. 22, 2009
District Attorney's Office for the Third Judicial District v. Osborne
Defendant does not have procedural due process right to access State's DNA evidence for post-conviction DNA testing. 		Criminal Law and Procedure Jun. 19, 2009
Yeager v. U.S.
Jury's acquittal on one count and failure to return verdict on others does not affect acquittal's preclusive force under Double Jeopardy Clause. 		Criminal Law and Procedure Jun. 19, 2009
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