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U.S. v. Wilkes
Court may compel defense witness’s immunity absent prosecutorial misconduct where fact-finding process would be distorted through prosecution’s decisions. 		Criminal Law and Procedure Oct. 19, 2011
People v. Miranda
Manner in which child victim testified regarding sexual molestation is sufficient evidence to show her lack of capacity to consent to sexual acts. 		Criminal Law and Procedure Oct. 18, 2011
U.S. v. Carper
Night-vision devices do not qualify as ‘non-fully automatic small arms’ for purposes of calculating sentence of defendant convicted of illegal exportation. 		Criminal Law and Procedure Oct. 16, 2011
People v. Williams
Motion to withdraw plea is untimely where motion was filed after court sentenced defendant to prison, and suspended sentence pending completion of probation. 		Criminal Law and Procedure Oct. 16, 2011
People v. Espiritu
Trial court errs in ordering further deliberations after jury returned ‘not true’ verdict regarding allegation court determined to be inconsistent with other jury findings. 		Criminal Law and Procedure Oct. 16, 2011
People v. Lopez
Special instruction on imminent danger does not foreclose application of imperfect self-defense where there is no likelihood of confusion over meaning of imminence. 		Criminal Law and Procedure Oct. 16, 2011
U.S. v. Urena
Refusal to instruct on self-defense is proper where defendant claimed that use of derogatory word was serious threat, which made him feel that he was in danger. 		Criminal Law and Procedure Oct. 13, 2011
U.S. v. Reyes
Allegations of prosecutorial misconduct are insufficient to vacate CEO's securities fraud conviction because evidence showing personal profits from granting of stock options was not false. 		Criminal Law and Procedure Oct. 13, 2011
U.S. v. McEnry
Court errs in using personal conduct, instead of offense’s elements, in choosing analogous sentencing guideline for defendant convicted of serving as airman without certificate. 		Criminal Law and Procedure Oct. 13, 2011
Ochoa v. Superior Court (Glasgow)
In proceeding challenging denial of parole, court abuses discretion by ordering disclosure of or nonreliance on confidential information from prison informants. 		Criminal Law and Procedure Oct. 13, 2011
James v. Schriro
Counsel’s failure to investigate and present mitigating evidence of defendant’s life history, mental incapacity, and substance abuse constitutes deficient performance. 		Criminal Law and Procedure Oct. 12, 2011
People v. Valenzuela
Trial court does not have duty to give instruction on imperfect self-defense because defendant’s fear of harm from gang members was not unreasonable. 		Criminal Law and Procedure Oct. 12, 2011
People v. Davis
Reports prepared by nontestifying physicians are not 'testimonial' out-of-court statements and as such, they are admissible under Sixth Amendment. 		Criminal Law and Procedure Oct. 12, 2011
In re Rodriguez
Board’s finding of unsuitability for parole is supported by some evidence where defendant refused to speak about crime and lacked insight into motivation for murder. 		Criminal Law and Procedure Oct. 10, 2011
In re Cabrera
Inmate’s possession of drawings signed by gang affiliate does not show direct link between two to support inmate’s validation as gang member. 		Criminal Law and Procedure Oct. 9, 2011
People v. Quiroz
Probation condition requiring defendant to submit record of income and expenditures is not overbroad where imposed to assure defendant makes progress in paying restitution. 		Criminal Law and Procedure Oct. 6, 2011
Carrera v. Ayers
Ineffective assistance claim fails where petitioner did not prove that failure to raise challenge to discharge venire based on alleged group-based peremptory challenges was unreasonable. 		Criminal Law and Procedure Oct. 4, 2011
People v. Larkins
Lay opinion testimony identifying defendant in videos has sufficient foundation for admissibility where identifier matched photo and name to videos. 		Criminal Law and Procedure Oct. 4, 2011
U.S. v. Gilchrist
Court properly imposes enhancement for obstruction of justice where defendant committed perjury following initiation of criminal investigation. 		Criminal Law and Procedure Oct. 3, 2011
U.S. v. King
Willful injection of wastewater without permit is sufficient to prove Safe Drinking Water Act violation, and proof of adverse effect is not required. 		Criminal Law and Procedure Oct. 3, 2011
People v. Lopez
Defendant’s act of luring victim into secluded alley reflects utter indifference to victim’s life, which supports special circumstance for robbery-murder. 		Criminal Law and Procedure Oct. 2, 2011
U.S. v. Krupa
Search warrant is valid where discovery of single image of child pornography is accompanied by exigent circumstances to support finding of probable cause. 		Criminal Law and Procedure Oct. 2, 2011
People v. Uribe
Prosecutor’s false testimony given in proceedings on remand following reversal of conviction does not impair defendant’s right to fair trial justifying dismissal. 		Criminal Law and Procedure Oct. 2, 2011
People v. Boulter
Search of jail lockers where visitor placed belongings, which occurred without warrant and on prison property, constitutes valid administrative search. 		Criminal Law and Procedure Sep. 29, 2011
People v. Kisling
Amendment to statutes providing for commitment of sexually violent predators does not violate single-subject requirement where changes related to common purpose of improving sex offender laws. 		Criminal Law and Procedure Sep. 28, 2011
U.S. v. Barraza-Lopez
Preindictment time limit under Speedy Trial Act restarts when underlying complaint is dismissed and charges are later refiled. 		Criminal Law and Procedure Sep. 28, 2011
People v. Robinson
Prior conviction for being felon in possession of firearm is admissible as crime of moral turpitude despite potential to violate statute without moral blame. 		Criminal Law and Procedure Sep. 28, 2011
People v. Espiritu
Trial court errs in ordering further deliberations after jury returned ‘not true’ verdict regarding allegation court determined to be inconsistent with other jury findings. 		Criminal Law and Procedure Sep. 28, 2011
People v. Trejo
Defendant is not denied right to fair trial due to contentious plea bargaining negotiations, during which confusion arose as to prosecutor’s offer. 		Criminal Law and Procedure Sep. 27, 2011
Stokley v. Ryan
Defendant is not entitled to habeas relief where, regardless of admissibility of new evidence, he fails to show counsel’s representation fell below standard of reasonableness. 		Criminal Law and Procedure Sep. 26, 2011
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