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Name Category Published
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 Sep. 6, 2006
People v. McSherry
In case involving attempt to annoy or molest child, prosecution of defendant was untimely where absent prior conviction, underlying offense was misdemeanor. 		Criminal Law and Procedure Sep. 6, 2006
U.S. v. Knows His Gun
In child sexual assault case, sentencing enhancements under U.S. Sentencing Guidelines are proper where court stated it would not be bound by guidelines. 		Criminal Law and Procedure Sep. 6, 2006
U.S. v. Chief
Defendant's indictment was timely under 2003 amended statute of limitations for sexual abuse crimes, which allows prosecution during life of child. 		Criminal Law and Procedure Sep. 6, 2006
People v. Munoz
Trial court violated defendant's Sixth Amendment rights by denying his motion to relieve his retained attorney. 		Criminal Law and Procedure Aug. 30, 2006
People v. Shabtay
Penal Code Section 484e(b) precludes multiple convictions where prosecution alleges defendant acquired access cards within any consecutive 12-month period. 		Criminal Law and Procedure Aug. 30, 2006
In re Corban
Prosecution had discretion to allege either of two enhancements punishing mother for death of child because neither enhancement was more specific. 		Criminal Law and Procedure Aug. 30, 2006
People v. Reynolds
Pre-1983 no contest pleas and corresponding convictions may be used in Sexually Violent Predator Act proceedings. 		Criminal Law and Procedure Aug. 30, 2006
People v. Chatman
In automatic death penalty appeal, sufficient evidence supports finding of torture-murder special circumstance. 		Criminal Law and Procedure Aug. 30, 2006
People v. Boyer
Incriminating evidence would inevitably have been obtained or was otherwise procured by means sufficiently attenuated from Fourth Amendment violation committed against defendant. 		Criminal Law and Procedure Aug. 30, 2006
People v. King
In possession of weapon case where prohibited weapon is 'short-barreled rifle' only defendant's knowledge of shortness of rifle must be established. 		Criminal Law and Procedure Aug. 30, 2006
People v. Jurado
In death penalty case, evidence is sufficient to support lying-in-wait special circumstance where defendant launched surprise attack on victim. 		Criminal Law and Procedure Aug. 28, 2006
People v. Severance
Court had power to direct verdict of sanity when there was no substantial evidence that offender was insane at time of crimes. 		Criminal Law and Procedure Aug. 28, 2006
People v. Bobbit
Plea agreement did not preserve issue that court did not have authority to impose upper term sentence upon offender. 		Criminal Law and Procedure Aug. 28, 2006
People v. Huggins
Possibly valid claim of instructional error at defendant's competency trial before guilt phase was harmless. 		Criminal Law and Procedure Aug. 28, 2006
People v. Chapple
Determining whether seized vest is bulletproof vest is proper subject for expert opinion testimony but not for lay opinion testimony. 		Criminal Law and Procedure Aug. 28, 2006
People v. Umana
Notwithstanding fact that party reported alleged sexual assault to police, delivery of letter demanding money from victim was attempted extortion. 		Criminal Law and Procedure Aug. 28, 2006
People v. Russell
Probable cause to search residence did not exist where only fact known to police was that suspect was legally cultivating marijuana. 		Criminal Law and Procedure Aug. 28, 2006
People v. Wilson
'Likely,' as used in Penal Code Section 273a, means substantial danger of great bodily harm or death to child. 		Criminal Law and Procedure Aug. 28, 2006
People v. Thimmes
Offender received ineffective assistance of counsel where court's ruling was based on mistake of law to which counsel failed to object. 		Criminal Law and Procedure Aug. 28, 2006
People v. Huggins
Possibly valid claim of instructional error at defendant's competency trial before guilt phase was harmless. 		Criminal Law and Procedure Aug. 28, 2006
U.S. v. Delamora
Term of supervised release is tolled for fugitive during time that he absconds from supervision until he is found. 		Criminal Law and Procedure Aug. 28, 2006
People v. Carrasco
Firing gun after threat was made and two hours before defendant received money supports allegation of personally discharging firearm during commission of robbery. 		Criminal Law and Procedure Aug. 25, 2006
U.S. v. Staffeldt
Wiretap evidence is suppressed where it could not be concluded that wiretap application had been authorized. 		Criminal Law and Procedure Aug. 25, 2006
U.S. v. Clark
In unlawful possession of firearm case, resentencing is necessary because it cannot be determined whether court made factual finding to support enhancement. 		Criminal Law and Procedure Aug. 25, 2006
U.S. v. Beng-Salazar
Sentence is not proper where defendant preserved his claim that he has right to resentencing pursuant to advisory sentencing guidelines. 		Criminal Law and Procedure Aug. 25, 2006
U.S. v. Weber
Penile plethysmograph testing, as condition of supervised release, was imposed without necessary evidentiary record, justification and findings. 		Criminal Law and Procedure Aug. 24, 2006
U.S. v. Manzo-Jurado
Seemingly innocuous behavior does not justify investigatory stop of suspected illegal aliens unless accompanied by particularlarized conduct that corroborates officer's suspicions. 		Criminal Law and Procedure Aug. 24, 2006
U.S. v. Juvenile
In transferring juvenile to adult status, court must exercise its discretion to assume or decline to assume his guilt. 		Criminal Law and Procedure Aug. 24, 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 Aug. 24, 2006
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