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Name Category Published
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 Dec. 7, 2006
In re Weider
Prisoner is unsuitable for parole if viciousness of his crime indicates that his release would pose unreasonable risk to public safety. 		Criminal Law and Procedure Dec. 7, 2006
People v. Lowe
Right to speedy trial is violated when delay in trial denies defendant possibility of receiving concurrent sentences. 		Criminal Law and Procedure Dec. 7, 2006
People v. Butler
Trial court's erroneous reliance on non-recidivist aggravating factors to impose upper term sentence is harmless. 		Criminal Law and Procedure Dec. 7, 2006
In re Schmidt
California Youth Authority may not release on parole person committed under Section 1800 of Welfare and Institutions Code. 		Criminal Law and Procedure Dec. 7, 2006
Correll v. Ryan
Defendant has right to new penalty phase trial where his attorney failed to present mitigating evidence. 		Criminal Law and Procedure Dec. 7, 2006
Plumlee v. Del Papa
Distrust arising from defendant's objectively reasonable belief that counsel is leaking information provides basis for substitution of counsel. 		Criminal Law and Procedure Dec. 7, 2006
U.S. v. Hungerford
Sufficient evidence supports convictions where defendant helped plan robberies and accepted money from each crime. 		Criminal Law and Procedure Dec. 7, 2006
U.S. v. Nguyen
Misdemeanor nolo contendere convictions are not sufficient to support conviction for violating terms of release under supervision. 		Criminal Law and Procedure Dec. 7, 2006
People v. Dominguez
Defendant arguing actual consent is not entitled to instruction on 'Mayberry' rape defense, nor nonkiller felony-murder liability, once convicted of underlying rape. 		Criminal Law and Procedure Dec. 7, 2006
People v. Lewis
Defendants, convicted of murder and sentenced to death, are not entitled to relief on their 'Batson-Wheeler' claims. 		Criminal Law and Procedure Dec. 7, 2006
Snow-Erlin v. United States
Claim for negligent miscalculation of parole release date amounted to false imprisonment claim that was barred by Federal Tort Claims Act. 		Criminal Law and Procedure Dec. 6, 2006
U.S. v. District Court (Harrod)
Court was required to obtain government's consent prior to ordering non-jury trial at criminal defendants' request. 		Criminal Law and Procedure Dec. 6, 2006
U.S. v. Rodriquez
Motion to suppress firearm is properly denied where search was performed pursuant to valid consent. 		Criminal Law and Procedure Dec. 6, 2006
U.S. v. Nichols
Sentencing enhancement based on defendant's use or possession of firearm in connection with another felony offense is proper. 		Criminal Law and Procedure Dec. 6, 2006
People v. Kendrick
Defendant convicted of Proposition 36 crime may enter into plea bargain that permits sentencing under determinate sentencing law. 		Criminal Law and Procedure Dec. 6, 2006
Roy v. Lampert
Where habeas petitioners made sufficient allegations that they pursued claims diligently, they are entitled to evidentiary hearing on issue of equitable tolling. 		Criminal Law and Procedure Dec. 6, 2006
U.S. v. Durham
Maximum sentence for providing marijuana without remuneration to person under 21 is two years. 		Criminal Law and Procedure Dec. 5, 2006
Stephens v. Herrera
Where petitioner has not asserted actual innocence, 'escape hatch' exception that would allow filing of habeas corpus petition, is not invoked. 		Criminal Law and Procedure Dec. 5, 2006
U.S. v. Rowland
Motion to suppress is properly denied where there was reasonable suspicion that defendant violated Guam's drug importation laws. 		Criminal Law and Procedure Dec. 5, 2006
King v. LaMarque
Where amended habeas petition was denied, government must show that California's 'substantial delay' rule is sufficiently clear and consistently applied. 		Criminal Law and Procedure Dec. 5, 2006
U.S. v. Castillo
Defendant's entry of unconditional guilty plea deprives appellate court of jurisdiction to consider pre-plea constitutional claims. 		Criminal Law and Procedure Dec. 5, 2006
U.S. v. Baza-Martinez
Prior conviction for taking 'indecent liberties' with minor does not qualify as child abuse, or crime of violence under U.S. Sentencing Guidelines. 		Criminal Law and Procedure Dec. 5, 2006
People v. Balkin
Substantial evidence does not support defendant's conviction for failing to register as sex offender. 		Criminal Law and Procedure Dec. 4, 2006
U.S. v. Kuchinski
Conviction for receipt and possession of child pornography is proper where defendant's double jeopardy argument fails. 		Criminal Law and Procedure Dec. 1, 2006
People v. Villalobos
Burglary convictions are proper where hotel or motel room rented as temporary habitation is deemed inhabited dwelling. 		Criminal Law and Procedure Dec. 1, 2006
Boyette on Habeas Corpus
Order 		Criminal Law and Procedure Nov. 29, 2006
Belmontes v. Woodford
Death sentence is vacated because trial judge failed to instruct jury that it was required to consider defendant's principal mitigation evidence. 		Criminal Law and Procedure Nov. 28, 2006
People v. Brown
Case against offender presented continuing, not successive prosecution, thus protections against double jeopardy did not prohibit retrial on battery and assault charges. 		Criminal Law and Procedure Nov. 28, 2006
People v. Budwiser
Defendant's due process rights were not violated where court held single hearing on two petitions to revoke probation. 		Criminal Law and Procedure Nov. 28, 2006
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