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Name Category Published
People v. Zackery
Judge erroneously sentenced offender on count for which he did not plead no contest and was not convicted of. 		Criminal Law and Procedure Jan. 19, 2007
U.S. v. Baldrich
Defendant's due process rights were not violated where all facts in confidential sentencing recommendation were discussed in presentence report or open court. 		Criminal Law and Procedure Jan. 19, 2007
U.S. v. Gonzalez-Perez
Court's imposition of sentence enhancement is not proper where prior conviction under Florida's false imprisonment statute is not 'crime of violence'. 		Criminal Law and Procedure Jan. 19, 2007
U.S. v. Ressam
Conviction for carrying explosive during falsification of customs declaration is not proper where relational element is required. 		Criminal Law and Procedure Jan. 19, 2007
People v. Costello
Rule of forfeiture by wrongdoing rendered Confrontation Clause unavailable to defendant who murdered victim. 		Criminal Law and Procedure Jan. 17, 2007
People v. Bufford
Court improperly denied motion to set and impose restitution where court retains jurisdiction until economic losses of victim are determined. 		Criminal Law and Procedure Jan. 17, 2007
Alvarado v. Superior Court (People)
Personal use of firearm enhancement cannot stand where there was no evidence of defendant's gun-related conduct beyond passive exposure. 		Criminal Law and Procedure Jan. 17, 2007
U.S. v. Sandoval-Mendoza
If defendant raises entrapment defense, medical expert opinion testimony demonstrating his unusual vulnerability to inducement due to his medical condition may be admissible. 		Criminal Law and Procedure Jan. 12, 2007
People v. Valencia
When hearsay declarant's statement is admitted for its truth, declarant must have personal knowledge of subject matter of her testimony. 		Criminal Law and Procedure Jan. 12, 2007
U.S. v. Jimenez-Ortega
Remand for resentencing is necessary where judge opined that defendant had willfully provided 'incredible testimony,' without discussing materiality of false statements. 		Criminal Law and Procedure Jan. 12, 2007
U.S. v. Fort
In federal criminal prosecution of alleged gang members, police reports are not discoverable under Federal Rule of Criminal Procedure Section 16(a)(2). 		Criminal Law and Procedure Jan. 12, 2007
Burton v. Stewart
District court lacks jurisdiction to review petitioner's second habeas corpus petition if appropriate court of appeals did not issue order authorizing such review. 		Criminal Law and Procedure Jan. 12, 2007
U.S. v. Resendiz-Ponce
Indictment alleging attempted re-entry under 8 U.S.C. Section 1326 did not have to allege particular overt act of offense. 		Criminal Law and Procedure Jan. 12, 2007
Smith v. Baldwin
Habeas petitioner made showing of actual innocence sufficient to overcome procedural default with respect to claims regarding his felony murder conviction. 		Criminal Law and Procedure Jan. 12, 2007
Carrillo v. Superior Court (People)
Because there was no legal necessity for trial court's sua sponte declaration of mistrial, defendant's motion to bar retrial should have been granted. 		Criminal Law and Procedure Jan. 11, 2007
People v. Vu
Where gang member was convicted of conspiracy to commit murder, independent evidence sufficiently corroborated accomplice testimony. 		Criminal Law and Procedure Jan. 11, 2007
People v. Rodriguez
In case involving motion to suppress evidence, there is material question of fact as to legality of traffic stop. 		Criminal Law and Procedure Jan. 11, 2007
U.S. v. Santiago
Absent objection to accuracy of pre-sentence report, review is under plain error standard even if district court expressed concern with report's accuracy. 		Criminal Law and Procedure Jan. 11, 2007
U.S. v. Lence
In case involving attorney's conviction for bank fraud, resentencing by original sentencing judge is necessary. 		Criminal Law and Procedure Jan. 11, 2007
U.S. v. Peters
Court's refusal to grant defendant credit against sentence is proper where it lacked statutory authority to do so. 		Criminal Law and Procedure Jan. 10, 2007
Carrington v. United States
Under extraordinary circumstances where district court requests opportunity to resentence defendants it formerly sentenced under mandatory federal guidelines, recall of mandate is warranted. 		Criminal Law and Procedure Jan. 10, 2007
People v. Brandon
Separate consecutive sentences for pimping and procurement of child or pandering is not improper punishment of same act under separate provisions of law 		Criminal Law and Procedure Jan. 10, 2007
People v. Lewis
Defendant's motion seeking release from penalties was erroneously denied where he fulfilled conditions of probation. 		Criminal Law and Procedure Jan. 10, 2007
People v. Galland
Practice of allowing affiant officer to retain portion of original search warrant affidavit violated defendant's due process right. 		Criminal Law and Procedure Jan. 10, 2007
Barnett v. Superior Court (People)
Defendant's request for original notes taken by 22 out-of-state officers who conducted interviews of testifying witnesses was erroneously denied. 		Criminal Law and Procedure Jan. 10, 2007
Kennedy v. Superior Court (People)
Defendant who seeks postconviction discovery has not shown he would have been entitled to requested materials at time of trial. 		Criminal Law and Procedure Jan. 10, 2007
People v. Bradley
Whether public official's expenditure was personal or municipal is decisive issue for jury to determine if official committed misappropriation. 		Criminal Law and Procedure Jan. 10, 2007
U.S. v. Staten
Sentence enhancement imposed upon convicted drug offender was improper where court failed to make factual determination required by U.S. Sentencing Guidelines. 		Criminal Law and Procedure Jan. 10, 2007
People v. Cuevas
In challenging legality of sentence, defendant need not obtain certificate of probable cause where there was no agreement as to sentencing 'lid'. 		Criminal Law and Procedure Jan. 10, 2007
Hydrick v. Hunter
Where sexually violent predators challenge conditions of confinement, Eleventh Amendment does not bar claim for damages against defendants in their individual capacities. 		Criminal Law and Procedure Jan. 10, 2007
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