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Name Category Published
People v. Giordano
Ordering defendant to pay restitution to victim's wife did not violate original plea agreement. 		Criminal Law and Procedure Nov. 16, 2006
People v. Nelson
Where 26-year delay in prosecuting rape suspect was result of insufficient evidence and limited forensic technology, due process violation did not occur. 		Criminal Law and Procedure Nov. 16, 2006
Alhusainy v. Superior Court (People)
Plea bargain's requirement that felon abscond out-of-state to avoid sentencing, without providing for his return, is unconstitutional banishment and invalidates his plea. 		Criminal Law and Procedure Nov. 16, 2006
People v. Hofsheier
Requiring defendant to register as sex offender under Penal Code Section 290 violates his right to equal protection. 		Criminal Law and Procedure Nov. 15, 2006
People v. Warner
Minor's statement about molestation made to child protective services interviewer is testimonial, but admissible because minor testified about acts revealed in interview. 		Criminal Law and Procedure Nov. 15, 2006
Fernando R., a Minor
Determination of whether statement resulted from police interrogation does not rest upon one feature, such as whether it occurred in formal setting. 		Criminal Law and Procedure Nov. 15, 2006
People v. Callahan
Offender was not entitled to custody credit for pretrial confinement on new charge because he remained confined under unrelated insanity commitment. 		Criminal Law and Procedure Nov. 10, 2006
Renderos v. Ryan
Extension of statute of limitations for sex offenses with minors does not violate Ex Post Facto Clause, as declared in 'Stogner v. California.' 		Criminal Law and Procedure Nov. 9, 2006
Williams v. Superior Court (City of Anaheim)
Defendant may file sealed affidavit in support of 'Pitchess' motion to avoid revealing privileged material to prosecution and police. 		Criminal Law and Procedure Nov. 9, 2006
In re Smith
Reversal of defendant's conviction did not preclude court from completing previously-initiated sexually violent predator proceedings against him. 		Criminal Law and Procedure Nov. 9, 2006
People v. Chance
Where defendant was not pointing gun at officer, no substantial evidence supports conviction for assault with firearm on peace officer. 		Criminal Law and Procedure Nov. 9, 2006
People v. Lamas
Street terrorism charge did not require jury instruction that defendant must commit separate felony in addition to underlying gang-related felony. 		Criminal Law and Procedure Nov. 9, 2006
People v. Giles
Hearsay statement of witness was admissible because appellant's wrongdoing caused witness to be unavailable to testify. 		Criminal Law and Procedure Nov. 9, 2006
People v. McSherry
Three-year limitations period applied where offender's prior lewd act conviction combined with attempted molestation of child conviction constituted felony. 		Criminal Law and Procedure Nov. 8, 2006
People v. Esquibel
Defendant's constitutional right to open trial is not violated where two spectators were excluded during testimony of minor. 		Criminal Law and Procedure Nov. 8, 2006
People v. Bueno
Where People failed to prove prior conviction for battery with serious bodily injury was serious felony, offense did not qualify as 'strike.' 		Criminal Law and Procedure Nov. 8, 2006
People v. Calhoun
Street racer whose opponent's crash killed two people is not subject to vehicular manslaughter enhancement for fleeing scene of crime. 		Criminal Law and Procedure Nov. 8, 2006
People v. Miller
Prosecutor who conceded vehicle stop was invalid cannot later demand full suppression hearing. 		Criminal Law and Procedure Nov. 8, 2006
U.S. v. Elliott
Where district court correctly found defendant's counsel had conflict of interest, court did not err in ruling manifest necessity justified mistrial. 		Criminal Law and Procedure Nov. 8, 2006
U.S. v. Montgomery
'Ameline' requires district court to obtain views of counsel before it decides whether resentencing is warranted. 		Criminal Law and Procedure Nov. 8, 2006
U.S. v. Ruiz
Where there is no evidence linking defendants to weapons, evidence is insufficient to support firearms possession convictions. 		Criminal Law and Procedure Nov. 8, 2006
Reynoso v. Giurbino
Writ of habeas corpus is properly granted where defense counsel failed to question witnesses, who placed defendant at murder scene, about reward. 		Criminal Law and Procedure Nov. 8, 2006
U.S. v. Washington
Under 18 U.S.C. Section 924, judge must impose higher minimum sentence even if he, not jury, made determination that firearm was brandished. 		Criminal Law and Procedure Nov. 8, 2006
U.S. v. Mueller
Despite 'U.S. v. Booker,' probation is not available as alternative for incarceration for defendant convicted of receiving child pornography. 		Criminal Law and Procedure Nov. 8, 2006
U.S. v. Cienfuegos
Restitution amount for future lost income to manslaughter victim's estate must be redetermined under Mandatory Victims Restitution Act of 1996. 		Criminal Law and Procedure Nov. 8, 2006
Yee v. Duncan
Despite prosecutor failing to offer gender-neutral explanation for peremptory challenge, state courts reasonably found defendant did not meet ultimate burden under 'Batson.' 		Criminal Law and Procedure Nov. 8, 2006
U.S. v. Stevens
In child pornography case, court's application of amended version of U.S. Sentencing Guidelines violated constitutional prohibition against ex post facto laws. 		Criminal Law and Procedure Nov. 8, 2006
Comer v. Schriro
Habeas writ is granted based on due process violations during sentencing, even though petitioner competently and voluntarily waived his habeas appeal right. 		Criminal Law and Procedure Nov. 8, 2006
Frierson v. Woodford
Denial of habeas relief with respect to penalty phase is not proper where defense attorney failed to present mitigation evidence. 		Criminal Law and Procedure Nov. 8, 2006
U.S. v. Howard
District-wide leg shackling policy that diminishes dignity of detainees appearing in court was justified for safety reasons. 		Criminal Law and Procedure Nov. 8, 2006
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