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Name Category Published
U.S. v. Brooks
Reversal in vouching cases occurs if impropriety seriously affects fairness, integrity, or reputation of proceedings or failure to reverse conviction amounts to miscarriage of justice. 		Criminal Law and Procedure Nov. 29, 2007
U.S. v. Kriesel
Conditional releases have severely diminished expectations of privacy and Fourth Amendment does not necessarily prohibit police officer from conducting suspicionless searches. 		Criminal Law and Procedure Nov. 29, 2007
People v. Mendoza
Stepdaughter's sexual abuse accusations are admissible against father to show motive for subsequent killing. 		Criminal Law and Procedure Nov. 29, 2007
People v. Garry
Drug evidence seized from defendant whom officer bathes in police light and rushes toward with questions must be suppressed. 		Criminal Law and Procedure Nov. 29, 2007
People v. Young
Trial court may reopen closing arguments in effort to break jury deadlock. 		Criminal Law and Procedure Nov. 28, 2007
People v. Ibarra
Defendant unsuccessfully challenges jury instructions' addition of emotional distress element to assault and failure to define causation of 'credible threat' in stalking. 		Criminal Law and Procedure Nov. 28, 2007
People v. Flores
Imposition of consecutive terms does not violate defendant's Sixth Amendment rights because there is no requirement that court find aggravating circumstances. 		Criminal Law and Procedure Nov. 28, 2007
People v. Beltran
Presumed inference regarding defendant’s blood alcohol level must follow proved fact beyond reasonable doubt if it is sole basis for his DUI conviction. 		Criminal Law and Procedure Nov. 28, 2007
Beaty v. Schriro
Statement considered involuntary if extracted by threat, violence or implied promise that overbears suspect's will in light of all attendant circumstances. 		Criminal Law and Procedure Nov. 28, 2007
People v. Sun
Where defendant received multiple sentence enhancements, only one additional term of imprisonment shall be imposed for each crime. 		Criminal Law and Procedure Nov. 28, 2007
People v. Lacefield
Failure to instruct on lesser included misdemeanor offense of resisting peace officer is reversible error. 		Criminal Law and Procedure Nov. 28, 2007
Doe v. Woodford
Defendant's guilty plea is voluntarily made during two-hour delay before opening arguments and after thorough colloquy with court. 		Criminal Law and Procedure Nov. 27, 2007
People v. Scott
Law criminalizing consensual sexual relationships between adult members of opposite sexes who are related by consanguinity is not unconstitutional. 		Criminal Law and Procedure Nov. 27, 2007
People v. Lincoln
Court’s conclusion that certain aggravating factors justified imposition of upper-term sentence is unsupported by jury’s finding of firearm use and great bodily injury. 		Criminal Law and Procedure Nov. 27, 2007
Chambers v. Superior Court (San Diego Police Dept.)
Counsel may use derivative information from 'Pitchess' disclosure in prior case on behalf of different defendant after obtaining same disclosures in later case. 		Criminal Law and Procedure Nov. 26, 2007
People v. Giordano
Surviving spouse may receive direct restitution in amount of husband's lost economic support due to drunk driver's criminal act. 		Criminal Law and Procedure Nov. 26, 2007
People v. Rodriguez
Single act of using firearm may not enhance defendant’s punishment for assault and augment his already enhanced punishment under gang enhancement as well. 		Criminal Law and Procedure Nov. 25, 2007
People v. Landaverde
Father's admittedly continuous sexual abuse of daughter is aggravating factor that need not be found true by jury in imposing upper term. 		Criminal Law and Procedure Nov. 25, 2007
People v. Thurman
Defendant who pleads guilty cannot appeal carjacking conviction without certificate of probable cause nor challenge counsel's refusal to move for new trial. 		Criminal Law and Procedure Nov. 25, 2007
Fisher v. City of San Jose
In stand-off situation, officers must attempt to obtain arrest warrant if exigency of situation dissipates to point where they may safely do so. 		Criminal Law and Procedure Nov. 20, 2007
People v. King
Absent evidence that defendant harbored separate intent to commit murder during robbery and burglary, separate sentences for each crime are inappropriate. 		Criminal Law and Procedure Nov. 20, 2007
People v. Andra
Where defendant had opportunity to reflect and renew her intent between commission of multiple crimes, concurrent sentences for each crime is proper. 		Criminal Law and Procedure Nov. 20, 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 Nov. 19, 2007
U.S. v. Garcia
Court may impose sentence within range of plea agreement and condition supervised release on implied number of drug tests and disclosure requirements. 		Criminal Law and Procedure Nov. 19, 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 Nov. 18, 2007
People v. Bonnetta
Judge's orders purportedly striking additional terms of imprisonment must be reversed because judge failed to comply with Penal Code Section 1385. 		Criminal Law and Procedure Nov. 18, 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 Nov. 15, 2007
People v. McCoy
Senate Bill No. 425 applies to cocaine possession case, affecting calculation of state court construction penalty. 		Criminal Law and Procedure Nov. 15, 2007
Bourquez v. Superior Court (People)
Amendments to Sexually Violent Predator Act contain implied savings clause preserving court’s jurisdiction to proceed on pending petitions to extent commitment. 		Criminal Law and Procedure Nov. 15, 2007
In re Bell
Homeless man's testimony that vengeful witness recanted accusation does not prove actual innocence of robbery-murder defendant or that trial was tainted. 		Criminal Law and Procedure Nov. 15, 2007
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