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Name Category Published
Guillory v. Roe
Because of defendant's lack of diligence in exhausting claims, his petition for writ of habeas corpus isn't entitled to equitable tolling. 		Criminal Law and Procedure May 13, 2003
People v. Williams
Non-violent drug offender whose third probation was revoked prior to Proposition 36 is no longer eligible for probation under the act. 		Criminal Law and Procedure May 13, 2003
Koerner v. Grigas
Claim that criminal defendant was denied direct appeal from conviction was improperly dismissed as procedurally defaulted. 		Criminal Law and Procedure May 6, 2003
Ivy v. Pontesso
Defendant who had opportunity to present claim during habeas proceeding may not bring claim under other federal law. 		Criminal Law and Procedure May 6, 2003
Massaro v. United States
Claim of ineffective assistance of counsel may be brought in collateral proceeding even if it was not raised on direct appeal. 		Criminal Law and Procedure May 2, 2003
People v. Tatum
Videotaped statement of elderly victim was admissible under exception to hearsay rule. 		Criminal Law and Procedure Apr. 30, 2003
People v. Gutierrez
Defendant who was advised of immigration consequences of guilty plea cannot withdraw plea. 		Criminal Law and Procedure Apr. 10, 2003
People v. De Porceri
Assault with intent to commit lewd acts on child qualifies as serious felony under Three Strikes Law. 		Criminal Law and Procedure Apr. 10, 2003
Daniel W., a Minor
Hearsay statement of minor victim of sexual abuse is admissible when made for purpose of medical diagnosis and treatment. 		Criminal Law and Procedure Apr. 10, 2003
McClure v. Thompson
Defense attorney's disclosure of location of murder victims' bodies did not constitute ineffective assistance of counsel. 		Criminal Law and Procedure Apr. 9, 2003
People v. Reliford
Given entirety of evidence and trial record, there is no reasonable likelihood that jury was misled by language of challenged instruction. 		Criminal Law and Procedure Apr. 9, 2003
In re Martinez
Prisoner should have received presentence credit for time spent in prison for conviction that was later reversed. 		Criminal Law and Procedure Apr. 9, 2003
People v. Hernandez
Trial court abuses discretion in discharging juror from panel near end of trial, and double jeopardy bars retrial. 		Criminal Law and Procedure Apr. 9, 2003
People v. Haselman
Evidence of prior uncharged sexual offenses need only be proved by preponderance of evidence. 		Criminal Law and Procedure Apr. 9, 2003
Alford v. Superior Court (People)
Court abuses discretion in denying 'Pitchess' motion on grounds that effective protective order could not be issued. 		Criminal Law and Procedure Apr. 8, 2003
People v. Wheeler
Wife's hearsay statement regarding her adultery is admissible as statement against social interest. 		Criminal Law and Procedure Apr. 8, 2003
People v. Belmares
Resisting officer is not lesser included offense of deterring officer. 		Criminal Law and Procedure Apr. 8, 2003
People v. Karapetyan
Juror was improperly dismissed for failure to deliberate. 		Criminal Law and Procedure Apr. 7, 2003
People v. Abbaszadeh
Defense counsel's failure to object to 'Mello' instruction during voir dire is excused because objection would have been futile. 		Criminal Law and Procedure Apr. 7, 2003
People v. Morales
Where jury found defendant had previous violent felony conviction, sentence enhancement applies to all counts of current conviction. 		Criminal Law and Procedure Apr. 3, 2003
Manriquez v. Gourley
Arresting officer complied with 15-minute period of 'continuous observation' before administering breath test. 		Criminal Law and Procedure Apr. 2, 2003
People v. Sanchez
Law requiring former gang member to disclose areas he frequents is unconstitutionally vague. 		Criminal Law and Procedure Apr. 2, 2003
U.S. v. Taylor
Defendant who participated in escape phase of shooting is not liable as accessory after the fact. 		Criminal Law and Procedure Apr. 1, 2003
U.S. v. Garcia
Sentencing court is not required to provide notice before departing upward from Chapter 7 recommended sentencing range. 		Criminal Law and Procedure Apr. 1, 2003
Ortiz-Sandoval v. Clarke
Denial of ineffective assistance of counsel claim was not contrary to or unreasonable application of clearly established federal law. 		Criminal Law and Procedure Apr. 1, 2003
Woodford v. Garceau
For purposes of AEDPA, action is not considered 'pending' until application for habeas relief is filed in federal court. 		Criminal Law and Procedure Apr. 1, 2003
Smith v. Ratelle
Equitable tolling is available to pro se litigant where court erroneously dismissed timely filed petition. 		Criminal Law and Procedure Apr. 1, 2003
U.S. v. Chavaria-Angel
District court may rely on uncertified court records to establish nature of defendant's prior offenses. 		Criminal Law and Procedure Apr. 1, 2003
People v. Goldberg
Defendant convicted of driving under influence of controlled substance is ineligible for drug treatment under Proposition 36. 		Criminal Law and Procedure Apr. 1, 2003
People v. Hayes
Recklessly setting fire does not qualify as crime of force or violence under mentally disordered offender statutes. 		Criminal Law and Procedure Apr. 1, 2003
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