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Name Category Published
People v. Superior Court (Edwards)
Defendant is still eligible for probation under Proposition 36, despite already being on probation for other nonqualifying offenses. 		Criminal Law and Procedure Jan. 4, 2007
People v. Ortega
Prosecution did not have to prove which gang subset defendant was member of for jury to find true criminal street gang allegation. 		Criminal Law and Procedure Jan. 2, 2007
People v. Williams
In case involving murder in course of rape, death sentence is proper where there were neutral bases for peremptory challenges. 		Criminal Law and Procedure Jan. 2, 2007
People v. Woods
Narcotics convictions are not proper where prosecutor's actions constituted prejudicial misconduct. 		Criminal Law and Procedure Jan. 2, 2007
U.S. v. Combs
District court's determination on limited 'Ameline' remand is reviewed for reasonableness to determine if district court understood its post-'Booker' sentencing discretion. 		Criminal Law and Procedure Dec. 22, 2006
People v. Wright
Medical Marijuana Program applied retroactively to entitle defendant to compassionate use instruction on transportation count. 		Criminal Law and Procedure Dec. 21, 2006
In re Miller
Board of Parole Hearings was not entitled to rely on unsworn hearsay statements in revoking parole. 		Criminal Law and Procedure Dec. 20, 2006
In re Burton
Habeas corpus petitioner fails to meet his burden of proving that counsel disregarded clearly expressed desire to present guilt phase defense. 		Criminal Law and Procedure Dec. 20, 2006
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 Dec. 20, 2006
People v. Conrad
In case where prosecutorial delay caused loss of testimony, dismissal was improper where prejudice could have been substantially mitigated. 		Criminal Law and Procedure Dec. 20, 2006
People v. Smart
Where defendants were convicted of only one qualifying crime, one of two sentencing enhancements against each must be stricken. 		Criminal Law and Procedure Dec. 20, 2006
People v. Segura
Trial court had continuing authority to modify terms and conditions of probation, even over prosecutor's objection and despite plea agreement. 		Criminal Law and Procedure Dec. 20, 2006
U.S. v. Cardenas-Juarez
'Safety valve' provision of 18 U.S.C. Section 3553(f) required court to impose sentence pursuant to advisory sentencing guidelines. 		Criminal Law and Procedure Dec. 20, 2006
U.S. v. Luong
Good faith exception to exclusionary rule did not apply where warrant to search suspected drug manufacturer's residence was clearly lacking in probable cause. 		Criminal Law and Procedure Dec. 15, 2006
U.S. v. Boulware
In tax evasion case, court properly rejected taxpayer's defense where taxpayer failed to demonstrate funds received constituted return of capital. 		Criminal Law and Procedure Dec. 15, 2006
People v. Aleem
Where San Francisco provided appropriate venue, it could consent to having sexual assault case tried in San Mateo. 		Criminal Law and Procedure Dec. 15, 2006
People v. Williams
Conviction for carrying loaded firearm is not proper where prosecution fails to establish constitutional reasonableness of seizure and search of car. 		Criminal Law and Procedure Dec. 15, 2006
People v. Marchman
Involuntary mental health recommitment proceedings are permitted if patient's mental disorder is not in remission or cannot be kept in remission without treatment. 		Criminal Law and Procedure Dec. 15, 2006
People v. Bowers
Recommitment was warranted where substantial evidence supported finding that offender suffered from mental illness that made it difficult to control her behavior. 		Criminal Law and Procedure Dec. 15, 2006
U.S. v. Zepeda-Martinez
Although district court committed 'Apprendi' error by enhancing alien's sentence, error was harmless. 		Criminal Law and Procedure Dec. 15, 2006
People v. Garcia
'Terry v. Ohio' does not justify patdown search for identification. 		Criminal Law and Procedure Dec. 15, 2006
Carey v. Musladin
During murder trial, court did not 'unreasonably apply clearly established federal law' when it allowed courtroom spectators to wear buttons displaying victim's image. 		Criminal Law and Procedure Dec. 15, 2006
Raley v. Ylst
Reversal of death sentence is not required where jury did not consider constitutionally forbidden topics during sentencing. 		Criminal Law and Procedure Dec. 14, 2006
People v. Trujillo
Defendant's post-conviction statement that does not describe nature of his crime cannot be used to establish that crime was for 'serious felony.' 		Criminal Law and Procedure Dec. 13, 2006
Musladin v. Lamarque
Defendant's constitutional rights were violated when trial spectators were permitted to wear buttons depicting murder 'victim.' 		Criminal Law and Procedure Dec. 12, 2006
People v. Hoang
Court may raise issue of target offenses not requested by prosecutor and instruct jury on natural and probable consequences doctrine for those offenses. 		Criminal Law and Procedure Dec. 11, 2006
Murillo v. Superior Court (People)
Requests for admissions may not be propounded in civil commitment hearing, because they eliminate due process protections normally afforded by hearing process. 		Criminal Law and Procedure Dec. 8, 2006
People v. Carr
Trial court gave defendant adequate notice of specific term of 'Vargas' waiver that he violated so he could prepare defense. 		Criminal Law and Procedure Dec. 8, 2006
People v. Cage
Neither assault victim's statement to doctor nor statement to police officer engaged in informal fact gathering was testimonial. 		Criminal Law and Procedure Dec. 7, 2006
People v. Martinez
Dept. of Toxic Substances Control qualifies as victim entitled to restitution for cleanup costs. 		Criminal Law and Procedure Dec. 7, 2006
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