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Name Category Published
People v. Warner
Defendant is not subject to sentence enhancement where it is not shown that prior crime amounted to serious felony. 		Criminal Law and Procedure Oct. 18, 2006
People v. Cook
Numerous claims raised by capital defendant are dismissed due to timeliness or lack of merit. 		Criminal Law and Procedure Oct. 18, 2006
People v. Standish
Failure to grant defendant own recognizance (OR) release pending preliminary examination did not deny substantial right where error did not affect hearing's outcome. 		Criminal Law and Procedure Oct. 18, 2006
Williams v. Stewart
Convict's petition for post-conviction relief was properly denied where evidence presented against him was sufficient to support death sentence. 		Criminal Law and Procedure Oct. 17, 2006
Rivas-Gomez v. Gonzales
Conviction under Oregon Revised Statutes, which criminalizes as felony sexual intercourse with person under 16, constitutes aggravated felony under United States Code. 		Criminal Law and Procedure Oct. 17, 2006
U.S. v. Biggs
District court's application of incorrect legal standard for self-defense requires reversal of defendant's conviction for assault with dangerous weapon. 		Criminal Law and Procedure Oct. 17, 2006
U.S. v. Piccolo
Escape from halfway house is not crime of violence under U.S. Sentencing Guidelines. 		Criminal Law and Procedure Oct. 17, 2006
Goldyn v. Hayes
Conviction for writing bad checks was improper where accused's bank guaranteed her checks regardless of her account status. 		Criminal Law and Procedure Oct. 17, 2006
People v. Sanchez
Under Penal Code Section 22, defense evidence of voluntary intoxication may not be used to negate implied malice. 		Criminal Law and Procedure Oct. 17, 2006
U.S. v. Bahamonde
Exclusion of government agent's testimony because defendant failed to comply with Dept. of Homeland Security's regulation violated defendant's due process rights. 		Criminal Law and Procedure Oct. 17, 2006
People v. Perry
On automatic appeal, capital defendant's challenges to burden of proof and his absence from bench conference were denied. 		Criminal Law and Procedure Oct. 17, 2006
U.S. v. Huerta-Pimental
Original imposition of supervised release as part of sentence, and court's revocation of supervised release with additional term of imprisonment, were constitutional. 		Criminal Law and Procedure Oct. 17, 2006
U.S. v. Lopez-Torres
Defendant's sentence enhancement is proper where his conviction for shooting at occupied vehicle is categorically crime of violence under U.S. Sentencing Guidelines. 		Criminal Law and Procedure Oct. 17, 2006
U.S. v. Romero-Martinez
'Obliterated' means to have 'removed completely' under U.S. Sentencing Guidelines section addressing serial numbers on guns. 		Criminal Law and Procedure Oct. 17, 2006
U.S. v. Miranda-Guerena
In drug trafficking case, traffic stop that precipitated government's search and seizure was supported by reasonable suspicion of traffic violation. 		Criminal Law and Procedure Oct. 17, 2006
Kenna v. District Court for the Central District (United States)
Crime Victims Rights Act does not confer general right for victims to obtain disclosure of pre-sentence report. 		Criminal Law and Procedure Oct. 17, 2006
People v. Jordan
Structuring error in sentencing pursuant to plea bargain may be reviewed on appeal if agreement was for maximum sentence, not specified sentence. 		Criminal Law and Procedure Oct. 17, 2006
Perez v. Rosario
Ineffective assistance of counsel claim fails when plea bargain offer was based on same legal mistake that denied effective assistance of counsel. 		Criminal Law and Procedure Oct. 17, 2006
U.S. v. Estrada
Finding offender guilty of possessing substance knowing it would be for manufacture did not require proof offender knew pills were pseudoephedrine. 		Criminal Law and Procedure Oct. 17, 2006
U.S. v. Lyons
In telemarketing fraud case, government did not err in introducing evidence that over 80 percent of donations went to telemarketers. 		Criminal Law and Procedure Oct. 17, 2006
U.S. v. Carty
District court must articulate on record its consideration of sentencing factors of 18 U.S.C. Section 3553(a) and its reasons for imposing sentence. 		Criminal Law and Procedure Oct. 17, 2006
U.S. v. Mix
In kidnapping and aggravated sexual abuse case, life sentence was reasonable where court considered factors beyond sentencing guidelines. 		Criminal Law and Procedure Oct. 17, 2006
People v. Lopez
Priest accused of molesting children did not receive fair trial where prosecutor's statements were based on opinion rather than evidence. 		Criminal Law and Procedure Oct. 16, 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 Oct. 16, 2006
U.S. v. Miqbel
Adequate statement of reasons must accompany district court's imposition of sentence outside recommended guidelines. 		Criminal Law and Procedure Oct. 16, 2006
U.S. v. Thornton
Offender's conviction for driving with blood alcohol level of 0.08 was includable in calculating his criminal history score. 		Criminal Law and Procedure Oct. 16, 2006
In re Carlos
Photographic line-up that displayed suspect's photo directly above his name and identification number was unnecessarily suggestive. 		Criminal Law and Procedure Oct. 16, 2006
Opinion of Lockyer
Confidential marital communications privilege does not apply when married peace officer is interrogated during investigation into misconduct by officer's spouse. 		Criminal Law and Procedure Oct. 16, 2006
People v. Delgado
In case involving domestic violence, application of Penal Code Section 1203.097 to offenses occurring in 1993 violated prohibition against ex post facto laws. 		Criminal Law and Procedure Oct. 16, 2006
County of Orange v. Lexington National Insurance Corp.
Court's failure to send notice of bail bond forfeiture to surety resulted in loss of jurisdiction to enter summary judgment against surety. 		Criminal Law and Procedure Oct. 16, 2006
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