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Name Category Published
People v. Herndon
Deputies' use of force to compel fingerprinting violates due process rights but is not prejudicial error requiring reversal for new trial. 		Criminal Law and Procedure May 3, 2007
People v. Crandell
Defendant is not entitled to relief where parties intend plea bargain to leave amount of restitution fine to court's discretion. 		Criminal Law and Procedure Apr. 30, 2007
U.S. v. Heredia
Willful ignorance instruction must address defendant's motive for avoiding truth, and is subject to review for abuse of discretion. 		Criminal Law and Procedure Apr. 30, 2007
People v. Prince
Knives properly admitted to show motive where defendant uses such weapons in multiple murders and burglaries. 		Criminal Law and Procedure Apr. 30, 2007
Smith v. Texas
Texas defendant's challenge to special-issue questions are preserved on appeal where capital jury's nullification charge never cured defective instruction. 		Criminal Law and Procedure Apr. 27, 2007
Brewer v. Quarterman
Texas court impermissibly fails to allow jury to consider mitigating evidence, tending to diminish culpability, in deciding death sentence. 		Criminal Law and Procedure Apr. 27, 2007
Abdul-Kabir v. Quarterman
Juries must give meaningful consideration and effect to relevant mitigating evidence that may provide basis for not imposing death penalty on particular defendant. 		Criminal Law and Procedure Apr. 27, 2007
People v. Carlin
Defendant in sexually violent predator hearing is entitled to due process, but not jury instruction defining 'offending act' or regarding unanimity. 		Criminal Law and Procedure Apr. 27, 2007
People v. Diaz
Maximum sentence judge may impose without additional findings is statutory mid-term sentence under Determinate Sentencing Law. 		Criminal Law and Procedure Apr. 26, 2007
Troppman v. Valverde
Proof of actual driving, immediately before arrest for suspicion of driving under influence, is not required to suspend driver's license. 		Criminal Law and Procedure Apr. 26, 2007
People v. Safety National Casualty Corp.
Bail is exonerated where bond terms only guarantee appearance through judgment and court continues truant on probation. 		Criminal Law and Procedure Apr. 25, 2007
People v. Smith
Deadly weapons enhancement may be applied to animal cruelty cases. 		Criminal Law and Procedure Apr. 25, 2007
People v. Shadden
Defendant cannot be relieved of criminal responsibility by unilaterally giving himself permission to shoot car he owns jointly with girlfriend. 		Criminal Law and Procedure Apr. 25, 2007
People v. Guess
Admission of preliminary hearing testimony into evidence allowed where witness is unavailable and defendant had opportunity to cross-examine. 		Criminal Law and Procedure Apr. 25, 2007
People v. Perrusquia
Fact that officer's suspicions of criminal activity proved true cannot be used to retroactively justify defendant's detention. 		Criminal Law and Procedure Apr. 25, 2007
People v. The Broderick Boys
Default judgment enjoining street gang is void for lack of notice if gang is not 'unincorporated association' and only one member is served. 		Criminal Law and Procedure Apr. 24, 2007
U.S. v. Castillo-Basa
If issue of defendant's veracity was decided at prior trial for different offense, later prosecution for perjury is barred by double jeopardy. 		Criminal Law and Procedure Apr. 24, 2007
People v. Schnabel
Court in child molestation case properly admits into evidence defendant's prior sex offenses and instructs jury on their use. 		Criminal Law and Procedure Apr. 24, 2007
People v. Waymire
Court properly imposes upper term where defendant admitted to violating his probation. 		Criminal Law and Procedure Apr. 20, 2007
Brazzel v. State of Washington
Defendant charged with two offenses, and convicted of only one, cannot be retried on second offense if his conviction is later reversed. 		Criminal Law and Procedure Apr. 20, 2007
People v. Lindsey
Defendant cannot suppress gun where officer reasonably suspects person matching description in 911 call was armed and involved in reported crime. 		Criminal Law and Procedure Apr. 19, 2007
James v. U.S.
Attempted burglary conviction is 'violent felony' for sentencing purposes under Armed Career Criminal Act. 		Criminal Law and Procedure Apr. 19, 2007
U.S. v. Murphy
If defendant stipulates to removal of juror, verdict rendered by remaining jurors is still unanimous, even if dismissed juror was holdout for acquittal. 		Criminal Law and Procedure Apr. 19, 2007
U.S. v. Leonard
Court need not give defendant advance notice that it is considering sentence above range prescribed by Federal Sentencing Guidelines for parole violation. 		Criminal Law and Procedure Apr. 19, 2007
U.S. v. Thrasher
Ineffective assistance of counsel claim denied after defendant argues attorney failed to call witness as promised in opening statement. 		Criminal Law and Procedure Apr. 19, 2007
U.S. v. King
Defendant's right to speedy trial is not violated under Speedy Trial Act and Sixth Amendment, despite addition of several superseding indictments. 		Criminal Law and Procedure Apr. 19, 2007
People v. Chavez
Penalty assessments imposed on mandatory drug laboratory fees are subject to state court construction surcharge. 		Criminal Law and Procedure Apr. 19, 2007
People v. Weaver
In drunk driving case, probation is properly denied where 'victim vulnerability' was relevant factor considered by court. 		Criminal Law and Procedure Apr. 19, 2007
People v. Kaplan
Court erred by failing to hold second competency hearing after defendant jumped from second tier of jail. 		Criminal Law and Procedure Apr. 18, 2007
In re Montoya
Defense attorney's failure to pursue 'taint hearing' in child molestation case does not amount to ineffective assistance of counsel. 		Criminal Law and Procedure Apr. 18, 2007
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