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Name Category Published
People v. Modiri
Defendant's sentence was improperly enhanced in absence of finding that he personally inflicted great bodily injury upon victim. 		Criminal Law and Procedure Aug. 16, 2006
People v. Vasquez
Defendant's conviction of assault with intent to commit rape is not lesser included offense of attempted forcible rape. 		Criminal Law and Procedure Aug. 16, 2006
People v. Cottle
Court improperly denied defendant's request to reopen jury selection in order to exercise peremptory challenge. 		Criminal Law and Procedure Aug. 15, 2006
U.S. v. Arreola
Where statute defines only single offense, indictment against defendant was not duplicitous. 		Criminal Law and Procedure Aug. 9, 2006
Holmes v. South Carolina
Third-party guilt evidentiary rule violates defendant's right to have meaningful opportunity to present complete defense. 		Criminal Law and Procedure Aug. 9, 2006
Rasberry v. Garcia
Court is not obligated to inform pro se habeas petitioner of potentially exhausted claims that petitioner failed to include in habeas petition. 		Criminal Law and Procedure Aug. 9, 2006
U.S. v. Evans-Martinez
District court should have provided notice to offender of its intent to sentence him outside range suggested by Sentencing Guidelines. 		Criminal Law and Procedure Aug. 9, 2006
People v. Hinton
Capital offender whose allegations of prosecutorial misconduct were unfounded was not entitled to new trial. 		Criminal Law and Procedure Aug. 8, 2006
U.S. v. Casch
In jury trial, it is not for court to determine that venue exists, but any such error is subject to harmless error analysis. 		Criminal Law and Procedure Aug. 8, 2006
U.S. v. Pintado-Isiordia
Court failed to make clear on record which approach it relied on when it concluded that defendant's conviction was crime of violence. 		Criminal Law and Procedure Aug. 8, 2006
U.S. v. Morales-Perez
Conviction under California Health and Safety Code Section 11351.5 categorically qualifies as drug trafficking offense under federal Sentencing Guidelines. 		Criminal Law and Procedure Aug. 8, 2006
Benitez v. Garcia
Federal habeas courts may enforce limitations on punishment of extradited fugitive if punishment exceeds that imposed by extraditing country. 		Criminal Law and Procedure Aug. 7, 2006
Hydrick v. Hunter
Where sexually violent predators challenge conditions of confinement, Eleventh Amendment does not bar claim for damages against defendants in their individual capacities. 		Criminal Law and Procedure Aug. 7, 2006
U.S. v. Rios
Conviction for possession of firearm in furtherance of drug crime was improper where firearm was not readily accessible to offender during crime. 		Criminal Law and Procedure Aug. 7, 2006
Mendoza v. Carey
Prisoner's inability to obtain Spanish-language legal materials may entitle him to equitable tolling for his petition for writ of habeas corpus. 		Criminal Law and Procedure Aug. 7, 2006
Little v. Crawford
Habeas corpus petitioner failed to show alleged Nevada Supreme Court's misapplication of law violated his federal constitutional rights. 		Criminal Law and Procedure Aug. 7, 2006
People v. Sturm
Death penalty sentence is not proper where cumulative effect of judge's misconduct requires reversal. 		Criminal Law and Procedure Aug. 7, 2006
In re Alcox
Attorney's failure to investigate alibi witnesses did not amount to ineffective assistance where accused made incriminating statements concerning guilt. 		Criminal Law and Procedure Aug. 7, 2006
People v. Espana
Offender's request to have DNA samples removed from data bank was properly denied in light of amendment to applicable Penal Code provisions. 		Criminal Law and Procedure Aug. 7, 2006
People v. Alford
Retroactive application of statute imposing court security fee is necessary to facilitate legislation's purpose of funding court security. 		Criminal Law and Procedure Aug. 7, 2006
Hart v. Parks
Police officers did not violate defendant's constitutional rights when they arrested him for his suspected role in theft of Oscar statuettes. 		Criminal Law and Procedure Aug. 6, 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 Aug. 4, 2006
U.S. v. Kim
In case of pharmacist convicted of selling cold remedies containing pseudoephedrine, his vagueness challenge against 21 U.S.C. Section 841(c)(2) is rejected. 		Criminal Law and Procedure Aug. 4, 2006
Clark v. Brown
Court's failure to give felony-murder special circumstance jury instruction violated offender's due process right to present defense. 		Criminal Law and Procedure Aug. 4, 2006
U.S. v. Staten
Sentence enhancement imposed upon convicted drug offender was improper where court failed to make factual determination required by U.S. Sentencing Guidelines. 		Criminal Law and Procedure Aug. 4, 2006
U.S. v. Ortuno-Higareda
Although releasee was not given written copy of supervised release conditions, releasee had imputed knowledge of condition that he not commit crime. 		Criminal Law and Procedure Aug. 4, 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 Aug. 4, 2006
U.S. v. Scott
Police may not conduct search based on less than probable cause of individual released while awaiting trial. 		Criminal Law and Procedure Aug. 4, 2006
U.S. v. Espinoza-Cano
District court did not err in considering police report to determine whether defendant had suffered prior aggravated felony conviction. 		Criminal Law and Procedure Jul. 27, 2006
U.S. v. Diaz-Argueta
In illegal re-entry case, sentence is not proper where court, other than using Sentencing Guidelines, failed to give reason for its sentence. 		Criminal Law and Procedure Jul. 26, 2006
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