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Name Category Published
People v. Foster
Court erred in finding adequate administrative remedy for alleged defects in parole revocation proceedings where administrative review regulations had been repealed. 		Criminal Law and Procedure Oct. 24, 2006
U.S. v. Clark
Congress' Foreign Commerce Clause power extends to regulating commercial sex acts abroad. 		Criminal Law and Procedure Oct. 23, 2006
People v. Queen
Prior convictions were properly treated as strikes where defendant attacked prosecutor shortly after guilty verdicts on prior crimes were read. 		Criminal Law and Procedure Oct. 23, 2006
People v. Kirk
Defendant is ineligible for deferred entry of judgment because he pleaded guilty to drug offense in federal court few months prior. 		Criminal Law and Procedure Oct. 23, 2006
People v. Jose Y.
Denial of motion to exclude evidence is proper where minor cannot contest nonintrusive patdown search at school. 		Criminal Law and Procedure Oct. 23, 2006
In re Andrade
Despite erroneously requiring offender to have dual parole plans, parole board's decision to deny parole based solely on commitment offense was proper. 		Criminal Law and Procedure Oct. 23, 2006
Stark v. Hickman
Habeas petitioner's due process right was violated when court charged jury that petitioner was to be presumed 'conclusively sane' by jury. 		Criminal Law and Procedure Oct. 23, 2006
Lara v. Ryan
In attempted murder case, denial of petition for habeas corpus is upheld where it is absolutely certain that jury found express malice. 		Criminal Law and Procedure Oct. 23, 2006
U.S. v. Almazan-Becerra
Sentence enhancement is not proper where disjunctive guilty plea does not 'unequivocally establish' that defendant committed drug trafficking offense. 		Criminal Law and Procedure Oct. 23, 2006
People v. Rubio
In sexual battery case against massage therapist, new trial is proper where juror failed to disclose that she could not hear testimony. 		Criminal Law and Procedure Oct. 23, 2006
People v. Thompson
Discovery motion for officers' personnel files was properly denied because it failed to present plausible, specific factual scenario of officer misconduct. 		Criminal Law and Procedure Oct. 23, 2006
Kim v. Superior Court (People)
Words alone are sufficient to constitute act in furtherance of agreement to engage in prostitution when unequivocal and unambiguous. 		Criminal Law and Procedure Oct. 22, 2006
People v. Brock
Prisoner's escape conviction stands where improper introduction of plea negotiations confession did not cause prejudice. 		Criminal Law and Procedure Oct. 22, 2006
People v. Ramirez
Night Stalker's argument that trial court erred in granting his request to substitute counsel is rejected. 		Criminal Law and Procedure Oct. 22, 2006
People v. Modiri
Group beating principles in jury instruction did not negate requirement that defendant personally inflict great bodily harm on victim. 		Criminal Law and Procedure Oct. 22, 2006
People v. Terrell
Secretly recorded telephonic confession that did not take place under conditions constituting custodial interrogation was properly admitted at defendant's trial. 		Criminal Law and Procedure Oct. 22, 2006
U.S. v. Hill
Affidavit describing images of partially nude minors was sufficient to establish probable cause to support warrant to search suspect's computer storage media. 		Criminal Law and Procedure Oct. 22, 2006
People v. Alvarado
Prosecutor's comments, vouching for integrity of office and victim, constituted prejudicial misconduct. 		Criminal Law and Procedure Oct. 22, 2006
People v. Ledesma
Court erred in failing to instruct jury on theft as lesser offense of robbery, but error does not require reversal of death sentence. 		Criminal Law and Procedure Oct. 22, 2006
People v. Rogers
In capital case, court was not required to instruct that multiple murder special circumstance required finding of intent to kill for both murders. 		Criminal Law and Procedure Oct. 22, 2006
Thompson v. County of Los Angeles
Where law does not support claim that use of trained police dog constitutes deadly force, unreasonable force jury instruction was proper. 		Criminal Law and Procedure Oct. 22, 2006
People v. Hayes
Conviction for battery with injury is reversed where court failed to instruct, sua sponte, on lesser included offense of battery without injury. 		Criminal Law and Procedure Oct. 22, 2006
People v. Jeffery
Where offender was convicted of drug possession and transportation, court should have specified reasons for not committing her to rehabilitation center. 		Criminal Law and Procedure Oct. 22, 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 Oct. 22, 2006
People v. Stanley
Judgment sentencing defendant to death was proper, but aggregate determinate sentence for his noncapital offenses must be reduced by two years. 		Criminal Law and Procedure Oct. 22, 2006
People v. MacArthur
Where defendant was convicted of receiving stolen property, jury should have been instructed with definition of 'stolen' and 'theft.' 		Criminal Law and Procedure Oct. 22, 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 Oct. 22, 2006
People v. Garcia
Collateral estoppel bars state from prosecuting benefit recipients for welfare fraud who have been exonerated in administrative proceedings. 		Criminal Law and Procedure Oct. 22, 2006
People v. Massie
In torture case, offender harbored specific intent to cause extreme pain even if he acted 'in explosion of violence.' 		Criminal Law and Procedure Oct. 22, 2006
People v. Green
Commitment order is not proper where act of kicking out window of police car does not fall within Mentally Disordered Offender statute. 		Criminal Law and Procedure Oct. 22, 2006
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