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Name Category Published
Byrd v. Lewis
Defendant's retention of drunk woman's car 'beyond scope of consent' impermissibly lowers prosecution's burden of proof when used to establish criminal intent. 		Criminal Law and Procedure Dec. 11, 2007
Kimbrough v. U.S.
Cocaine guidelines, like all other sentencing guidelines, are advisory only and must be one factor warranting consideration for sentencing. 		Criminal Law and Procedure Dec. 10, 2007
Watson v. United States
Under 18 U.S.C. Section 924(c)(1)(A), defendant did not 'use' firearm when he received it in trade for drugs. 		Criminal Law and Procedure Dec. 10, 2007
Gall v. U.S.
Sentence that deviates from recommended Federal Sentencing Guidelines range is reviewed under abuse of discretion standard. 		Criminal Law and Procedure Dec. 10, 2007
U.S. v. Corona- Verbera
Pre-indictment delay is not violation of due process where defendant fails to prove actual prejudice. 		Criminal Law and Procedure Dec. 9, 2007
People v. Moussabeck
Court has no duty to instruct on misdemeanor child abuse as lesser included offense of felony infliction of physical injury on child. 		Criminal Law and Procedure Dec. 9, 2007
People v. Campos
In drive-by shooting, defendant with concurrent intent to fire at passengers within targeted victim's 'kill zone' is guilty of attempted murder. 		Criminal Law and Procedure Dec. 9, 2007
People v. Kelly
Video presentation that factually and realistically portrays murder victim’s life and supplements testimony by sole victim-impact witness is admissible. 		Criminal Law and Procedure Dec. 6, 2007
People v. Prosser
Court upholds restitution orders for jewelry stolen by real estate broker who does not challenge victims' testimony of items' estimated value. 		Criminal Law and Procedure Dec. 5, 2007
People v. Superior Court (Maldonado)
If victim reported childhood sexual abuse in 2001, but did not allege ‘substantial sexual conduct,' charges filed in 2006 are not time-barred. 		Criminal Law and Procedure Dec. 5, 2007
U.S. v. Macias-Valencia
Mandatory minimum sentence applies to convictions for conspiracy and attempt to distribute methamphetamine despite absence of actual contraband in commission of offense. 		Criminal Law and Procedure Dec. 5, 2007
U.S. v. Holt
Enhancements are proper if offense involved knowing misrepresentation of participant's identity to persuade or coerce minor to engage in prohibited sexual conduct. 		Criminal Law and Procedure Dec. 5, 2007
U.S. v. Zalapa
Defendant who fails to object to multiple convictions and sentences does not waive right to raise double jeopardy challenge on appeal. 		Criminal Law and Procedure Dec. 5, 2007
Logan v. U.S.
Offender who retained civil rights and whose postconviction legal status remained unaltered by any state dispensation is not exempted from enhanced sentencing. 		Criminal Law and Procedure Dec. 4, 2007
Cooper v. Brown
Petitioner’s actual innocence claim fails to satisfy either 'Schlup v. Delo' or AEDPA standards when there is overwhelming evidence of his guilt. 		Criminal Law and Procedure Dec. 4, 2007
Smith v. Patrick
State court's affirmance of conviction is unreasonable application of law where wholly unsupported by evidence that mother shook baby to death. 		Criminal Law and Procedure Dec. 4, 2007
People v. Zacarias
Defendant is not vicariously liable for kidnapping for financial gain where federal crime of alien transportation does not support underlying conspiracy charge. 		Criminal Law and Procedure Dec. 4, 2007
People v. Muhammad
Even if defendant satisfies separate penalty provisions for crime of stalking, he may only be convicted of one count of stalking. 		Criminal Law and Procedure Dec. 3, 2007
People v. Tillotson
Trial court errs in failing to instruct on element of crime, imposing multiple status enhancements and imposing concurrent sentences without explanation. 		Criminal Law and Procedure Dec. 3, 2007
People v. Adanandus
To dispute peremptory challenges, defendant must prove prima facie case, state has burden to offer race-neutral justifications, and court decides purposeful discrimination. 		Criminal Law and Procedure Dec. 3, 2007
Abernathy v. Superior Court (People)
In cases where death penalty may be imposed, daily transcripts of preliminary hearing must be prepared, certified and distributed to court and parties. 		Criminal Law and Procedure Dec. 3, 2007
People v. Alford
Application of $20 security fee prior to operative date of its enacting legislation is proper because legislature intended that this fee apply retroactively. 		Criminal Law and Procedure Dec. 3, 2007
People v. Jones
Fundamental purpose of felony murder rule is deterrence of negligent or accidental killings that occur in commission of dangerous felonies. 		Criminal Law and Procedure Dec. 3, 2007
In re Dannenberg
Governor's parole grant reversal is not supported by some evidence where defendant's continued danger to society is based solely on commitment offense. 		Criminal Law and Procedure Dec. 3, 2007
People v. Taylor
Probation revocation restitution fine is proper where defendant is placed on felony probation by suspending imposition of sentence. 		Criminal Law and Procedure Dec. 2, 2007
Q-Soft Inc. v. Superior Court (Mahallaty)
In white collar crime offenses, courts should balance interest in reimbursing victim for losses, while protecting legitimate property interests of innocent third persons. 		Criminal Law and Procedure Dec. 2, 2007
People v. Hazle
Drug offender's eligibility for Proposition 36 probation is determined by three noticed revocation petitions, not individual allegations of relapse. 		Criminal Law and Procedure Dec. 2, 2007
People v. Norman
Trial court must give unanimity instruction for jury to agree on defendant's criminal act where prosecution charges two discrete, unsupported thefts. 		Criminal Law and Procedure Dec. 2, 2007
In re McSherry
Attempt of crime is generally governed by general attempt statute except where committed by recidivist offender, and thus treated as felony. 		Criminal Law and Procedure Nov. 29, 2007
People v. Cobb
Defendant classified as Mentally Disordered Offender has no due process right to have trial on his petition before release date. 		Criminal Law and Procedure Nov. 29, 2007
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