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People v. Davis
Order 		Criminal Law and Procedure Jan. 13, 2012
U.S. v. Lopez-Avila
Double jeopardy does not bar retrial following mistrial where prosecutor altered statements from guilty plea hearing to make it seem that defendant lied. 		Criminal Law and Procedure Jan. 13, 2012
Perry v. New Hampshire
Eyewitness identifications can be admitted as evidence where there is no improper police conduct involved in obtaining them. 		Criminal Law and Procedure Jan. 12, 2012
Gonzalez v. Thaler
For state prisoner who does not seek review in state’s highest court, judgment is final for purposes of one-year statute of limitations when time for seeking review expires. 		Criminal Law and Procedure Jan. 11, 2012
Smith v. Cain
Prosecution’s failure to disclose notes containing statements of eyewitness, which alone sufficed to undermine confidence in conviction, amounts to 'Brady' violation. 		Criminal Law and Procedure Jan. 11, 2012
U.S. v. Alcala-Sanchez
Resentencing before different judge is required following government’s breach of plea agreement despite prosecution's admission of mistake and substitution of sentencing recommendation. 		Criminal Law and Procedure Jan. 11, 2012
People v. Holford
In prosecution for possession of child pornography, 25-minute video of child pornography may be shown to jury in its entirety because of high probative value. 		Criminal Law and Procedure Jan. 11, 2012
People v. Clancey
Leniency offer is improper judicial plea bargaining where it was conditioned on defendant pleading to all counts and operated as commitment by court to impose offered sentence. 		Criminal Law and Procedure Jan. 11, 2012
People v. Pearson
Trial court may not excuse prospective juror based on vague views regarding capital punishment where views would not prevent performance of duties. 		Criminal Law and Procedure Jan. 10, 2012
Davenport v. Superior Court (People)
Flaw in protocol used in assessing whether defendant met criteria for commitment as sexually violent predator does not affect court’s jurisdiction over proceedings. 		Criminal Law and Procedure Jan. 9, 2012
U.S. v. Havelock
Defendant who sent threatening communications to media outlets and websites is not guilty of mailing threatening communications because corporations are not natural persons. 		Criminal Law and Procedure Jan. 9, 2012
In re David
Parole residence restriction, which required parolee to live at least 35 miles away from victim, does not apply to victim's next of kin. 		Criminal Law and Procedure Jan. 9, 2012
U.S. v. Russell
Officer’s request to conduct search of person for narcotics, along with suspect’s voluntary consent to search, encompasses groin area. 		Criminal Law and Procedure Jan. 6, 2012
People v. Maultsby
Defendant, who pled not guilty and appealed only his admission of prior conviction, may appeal without obtaining certificate of probable cause. 		Criminal Law and Procedure Jan. 6, 2012
U.S. v. Rodriguez-Ocampo
Order of removal that provided no opportunity for judicial review may not be used to support 16-level sentencing enhancement under U.S.S.G. Section 2L1.2(b). 		Criminal Law and Procedure Jan. 3, 2012
In re Shaputis
Reviewing court may not reweigh evidence in rejecting Board of Parole Hearings’s finding of inmate’s unsuitability for parole. 		Criminal Law and Procedure Dec. 30, 2011
Estrella v. Ollison
Court commits harmless error in imposing upper term sentence based on fact of defendant’s prior conviction, which had not been proven beyond reasonable doubt. 		Criminal Law and Procedure Dec. 30, 2011
People v. Archuleta
Admission of testimonial hearsay as basis evidence to support expert opinions does not violate Sixth Amendment's confrontation clause. 		Criminal Law and Procedure Dec. 30, 2011
U.S. v. Valenzuela-Espinoza
Statements made over six hours after defendant’s arrest must be suppressed under ‘McNabb-Mallory’ rule because delay in presenting defendant to magistrate was unreasonable. 		Criminal Law and Procedure Dec. 29, 2011
U.S. v. Shetler
Government fails to bear burden of showing that inculpatory statements to DEA officials were not product of concededly illegal searches of suspect's home and garage. 		Criminal Law and Procedure Dec. 29, 2011
Parker v. Small
Supplemental jury instructions based on 'People v. Moore,' which encouraged deadlocked jury to reach verdict in murder prosecution, is not coercive per se. 		Criminal Law and Procedure Dec. 28, 2011
People v. Davis
Federal prosecution for failing to register as sex offender does not bar subsequent state prosecution because prosecutions did not involve same conduct. 		Criminal Law and Procedure Dec. 28, 2011
People v. Gregerson
Court properly places burden of proof essential for relief by means of outpatient treatment on mentally disordered offender to show suitability for treatment. 		Criminal Law and Procedure Dec. 27, 2011
People v. James
Jail’s system for legal research does not violate right to self-representation where inmates had reasonable access to materials through legal research assistants. 		Criminal Law and Procedure Dec. 27, 2011
People v. Bowman
Prosecution may use defendant’s selective silence in response to questioning after receiving 'Miranda' warnings as adoptive admissions because defendant spoke with detective voluntarily. 		Criminal Law and Procedure Dec. 27, 2011
Opinion of Harris
Victim advocate may not be excluded from interview of sexual assault victim by law enforcement authorities where victim chooses to have advocate present. 		Criminal Law and Procedure Dec. 27, 2011
Harrison v. Board of Parole Hearings (People)
Determination that prisoner meets mentally disordered offender status is improper given that records are doubtful that he was evaluated by qualified health professionals. 		Criminal Law and Procedure Dec. 27, 2011
People v. Ahmed
Court may impose weapon and great-bodily-injury sentencing enhancements for same act under specific statute, despite general statute’s prohibition. 		Criminal Law and Procedure Dec. 23, 2011
People v. Hunter
'Pinpoint instruction,' which lightened prosecution’s burden to prove firearm enhancement, is erroneous, but does not require reversal because error was harmless. 		Criminal Law and Procedure Dec. 23, 2011
In re Lira
Defendant is not entitled to credit for period of continued incarceration following erroneous denial of parole, but is entitled to credit following Governor’s erroneous veto. 		Criminal Law and Procedure Dec. 22, 2011
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