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Name Category Published
People v. Failla
Following unsuccessful petition for certificate of rehabilitation, new period of rehabilitation begins from date of denial of petition. 		Criminal Law and Procedure Oct. 16, 2006
People v. Reed
Courts should consider only statutory elements in deciding whether defendant may be convicted of multiple charged offenses. 		Criminal Law and Procedure Oct. 16, 2006
People v. Demetrulias
Evidence of robbery and assault is admissible to establish motive and intent for felony-murder that took place earlier that same night. 		Criminal Law and Procedure Oct. 16, 2006
People v. Vasquez
In murder case, participation of conflicted prosecutor did not result in due process violations. 		Criminal Law and Procedure Oct. 16, 2006
People v. Jenkins
Foreign convictions do not constitute strikes if, based upon comparison of statutory language, criminalized conduct differs from that required in California. 		Criminal Law and Procedure Oct. 16, 2006
People v. Misa
Trial court did not err in imposing serious felony prior enhancement twice on recidivist defendant. 		Criminal Law and Procedure Oct. 16, 2006
People v. Parker
California's five-year residency requirement entitling ex-felon to certificate of rehabilitation does not violate U.S. Constitution. 		Criminal Law and Procedure Oct. 16, 2006
U.S. v. Johnson
Proposed defense for convicted felon's gun possession, and proposed jury instruction that required inquiry into circumstances and motivations for possession are rejected. 		Criminal Law and Procedure Oct. 16, 2006
People v. Avila
Capital defendant's claims of error in guilt and penalty phases of trial did not warrant reversal of murder conviction. 		Criminal Law and Procedure Oct. 15, 2006
Stokes v. Schriro
Trial court committed 'Apprendi' error when it used judicial findings to increase defendant's sentence beyond statutory maximum. 		Criminal Law and Procedure Oct. 13, 2006
People v. Misa
Trial court did not err in imposing serious felony prior enhancement twice on recidivist defendant. 		Criminal Law and Procedure Oct. 5, 2006
Jeffrey T., a Minor
Court's conclusion that it could not order juvenile's records sealed was proper where assault offense was committed past age of 14. 		Criminal Law and Procedure Oct. 5, 2006
Brierton v. Dept. of Motor Vehicles
DMV's suspension of driver's license did not violate separation of powers doctrine where term imposed was different from that in criminal case. 		Criminal Law and Procedure Oct. 4, 2006
U.S. v. Decoud
Motion for evidentiary hearing was properly denied where record did not support defendants' claim that jury exerted racial pressure on sole African-American juror. 		Criminal Law and Procedure Oct. 4, 2006
People v. Hudson
Conviction for attempting to elude officers was improper where court failed to properly instruct jury regarding what is 'distinctively marked' police vehicle. 		Criminal Law and Procedure Oct. 4, 2006
People v. Jenan
Order that recused entire district attorney's office was proper where attorney who witnessed charged crime would testify at trial. 		Criminal Law and Procedure Oct. 4, 2006
People v. Jenkins
Foreign convictions do not constitute strikes if, based upon comparison of statutory language, criminalized conduct differs from that required in California. 		Criminal Law and Procedure Oct. 4, 2006
People v. Ramirez
If pedestrian crossing roadway is not creating immediate hazard to himself or others, officer lacks probable cause to detain and search him. 		Criminal Law and Procedure Oct. 4, 2006
CTC Real Estate Services v. Lepe
Victim of identity theft has right to surplus funds that resulted from fraud even though perpetrator did not receive such funds. 		Criminal Law and Procedure Oct. 4, 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 Oct. 3, 2006
U.S. v. Espinoza-Cano
In determining if prior conviction qualifies as aggravated felony, court may consider police report incorporated into complaint that recites mutually agreed-upon facts. 		Criminal Law and Procedure Oct. 3, 2006
U.S. v. Ziegler
Employee who accessed child pornographic websites had no objectively reasonable expectation of privacy in his workplace computer. 		Criminal Law and Procedure Oct. 3, 2006
U.S. v. Flatter
Where officers had no reason to believe defendant was armed or dangerous, search was unlawful and evidence seized must be suppressed. 		Criminal Law and Procedure Oct. 3, 2006
U.S. v. Ellsworth
Different scienter requirements of sentencing enhancements for felons in possession of stolen firearms and stolen explosives do not violate Equal Protection Clause. 		Criminal Law and Procedure Oct. 3, 2006
People v. Misa
Trial court did not err in imposing serious felony prior enhancement twice on recidivist defendant. 		Criminal Law and Procedure Oct. 2, 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 Oct. 2, 2006
People v. Castro
Anonymous tip that includes some basis for tipster's knowledge, coupled with alleged threat to another person's safety, justifies 'Terry' traffic stop. 		Criminal Law and Procedure Sep. 27, 2006
People v. Pilster
Court's failure to instruct jury to consider defendant's pre-arrest statement only on issue of credibility was erroneous, but harmless. 		Criminal Law and Procedure Sep. 27, 2006
People v. Oliver
Substantial evidence exists that pursuing police vehicle displayed at least one lighted red lamp and was distinctively marked. 		Criminal Law and Procedure Sep. 26, 2006
People v. Lamont
Trial court erroneously denied suppression motion of passenger in vehicle that was illegally stopped. 		Criminal Law and Procedure Sep. 26, 2006
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