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Name Category Published
People v. Gutierrez
Three-year old son's out-of-court statement implicating father in mother's murder is deemed inadmissible as spontaneous statement. 		Criminal Law and Procedure Feb. 20, 2009
People v. Scott
In case of McDonald's robbery, employees are deemed to constructively possess business owner's property. 		Criminal Law and Procedure Feb. 20, 2009
People v. Soper
Although evidence would not have been cross-admissible, trial court's decision not to sever charged offenses was proper. 		Criminal Law and Procedure Feb. 20, 2009
U.S. v. Norwood
Under Sixth Amendment, affidavit containing certificate of nonexistence of record, which was presented to show absence of legal income, is admissible. 		Criminal Law and Procedure Feb. 19, 2009
U.S. v. Garcia-Cardenas
Use of prior conviction as basis for sentencing enhancement and calculation of criminal history score does not constitute impermissible double counting. 		Criminal Law and Procedure Feb. 18, 2009
U.S. v. Autery
Abuse of discretion review is proper in case where sentence varies substantially from U.S. Sentencing Guidelines. 		Criminal Law and Procedure Feb. 17, 2009
People v. Romero-Arellano
Use of 'the People' in jury instructions is not violation of due process. 		Criminal Law and Procedure Feb. 13, 2009
Musladin v. Lamarque
Habeas petition is denied even though defense counsel was not consulted prior to trial court's response to jury note. 		Criminal Law and Procedure Feb. 13, 2009
People v. Jackson
Enhancements are properly stayed for prior serious felony convictions on charges not brought and tried separately. 		Criminal Law and Procedure Feb. 12, 2009
People v. Watkins
Defendant who conceals probation search condition by misrepresenting his identity is estopped from contesting subsequent search's validity. 		Criminal Law and Procedure Feb. 11, 2009
People v. Hamlin
Torture may be demonstrated by continuing course of conduct in series of acts. 		Criminal Law and Procedure Feb. 11, 2009
People v. Graff
Court improperly allows jury to convict defendant based on charges not established at preliminary hearing. 		Criminal Law and Procedure Feb. 11, 2009
In re Ross
Habeas corpus petition is granted where Governor's written decision to deny parole failed to articulate nexus between facts and current dangerousness. 		Criminal Law and Procedure Feb. 11, 2009
Mendez v. Knowles
Jury allowed to infer commission of charged crime based on previous sexual offense proven beyond reasonable doubt. 		Criminal Law and Procedure Feb. 11, 2009
U.S. v. Beltran-Moreno
Defendants may be convicted and sentenced for multiple violations of 18 U.S.C. Section 924(c) so long as each count is supported by separate predicate offense. 		Criminal Law and Procedure Feb. 11, 2009
People v. Zanoletti
Multiple convictions are appropriate where married couple is charged with operating insurance fraud mill. 		Criminal Law and Procedure Feb. 11, 2009
Solovik v. Yates
Sixth Amendment right to confront witnesses is infringed where defendant is denied right to establish that key witness lied under oath. 		Criminal Law and Procedure Feb. 11, 2009
U.S. v. Selby
BPA official who actively participates in internal agency deliberations resulting in sales commissions to husband is guilty of felony conflict of interest. 		Criminal Law and Procedure Feb. 10, 2009
People v. Jackson
Death sentence is upheld where court allowed prosecutor to ask jurors to put themselves in place of victim's family. 		Criminal Law and Procedure Feb. 6, 2009
Wilson v. Belleque
Jurisdiction for habeas corpus petition was proper where defendant was deemed "in custody" under 28 U.S.C. Section 2241(c)(3). 		Criminal Law and Procedure Feb. 6, 2009
U.S. v. Alvarado-Martinez
Court properly relies on rap sheet based on fingerprint matching to calculate defendant's criminal history score. 		Criminal Law and Procedure Feb. 6, 2009
U.S. v. Romero-Ochoa
Court lacks collateral jurisdiction over appeal challenging its refusal to provide pretrial ruling on defendant's request to strike aggravated felony in indictment. 		Criminal Law and Procedure Feb. 6, 2009
People v. Beyah
Although jury may not infer consciousness of guilt due to knowingly false statements in testimony, specific circumstance permits their consideration. 		Criminal Law and Procedure Feb. 5, 2009
People v. Sanders
Waiver is valid where return hearing is not mandatory under Welfare and Institutions Code Section 3053(a). 		Criminal Law and Procedure Feb. 5, 2009
People v. Bartell
Bank that covers amount of defendant's forged checks is 'direct victim' of criminality meriting restitution order. 		Criminal Law and Procedure Feb. 5, 2009
U. S. v. Al Nasser
Transporter of illegal aliens not 'stopped' for purposes of Fourth Amendment receives no lighter sentence despite lack of profit from scheme. 		Criminal Law and Procedure Feb. 5, 2009
In re Gomez
'Cunningham v. California' applies retroactively to cases in which judgment was not final at time of decision in 'Blakely v. Washington.' 		Criminal Law and Procedure Feb. 3, 2009
People v. Tabb
Employee who stole from his employer can be convicted of either grand theft or grand theft by employee but not both. 		Criminal Law and Procedure Feb. 2, 2009
Moses v. Payne
Exclusion of expert witness testimony is proper where precedent has not established violation of constitutional right to present evidence. 		Criminal Law and Procedure Feb. 2, 2009
People v. Castillo
SVP's two-year commitment period must be corrected to conform to indeterminate life term mandated by SVPA as modified by Proposition 83. 		Criminal Law and Procedure Feb. 2, 2009
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