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Name Category Published
U.S. v. Porta
Court decision to allow supplemental arguments does not result in impermissible coercion where court did not inquire into reasons for jury’s deadlock. 		Criminal Law and Procedure Aug. 9, 2011
U.S. v. Aguilar-Reyes
Under Federal Rule of Criminal Procedure 35(a), district court does not have jurisdiction to resentence defendant over 14 days after initial sentencing. 		Criminal Law and Procedure Aug. 9, 2011
U.S. v. Washington
Motion is disguised successive motion under 28 U.S.C. Section 2255 where it alleged claims, rather than defect, in integrity of federal habeas proceedings. 		Criminal Law and Procedure Aug. 9, 2011
People v. Green
Aggregation of losses to support sentence enhancement for loss exceeding $50,000 is improper where losses were sustained from two distinct schemes of embezzlement. 		Criminal Law and Procedure Aug. 8, 2011
U.S. v. Stinson
Venue is proper in district where defendant committed essential conduct of committing violent crime, even where physical element of crime occurred elsewhere. 		Criminal Law and Procedure Aug. 8, 2011
U.S. v. Bingham
Convictions for murders as violent crimes in aid of racketeering are sufficiently supported by evidence that defendant gave order to go to war with prison gang. 		Criminal Law and Procedure Aug. 5, 2011
U.S. v. Espinoza-Baza
Court may exclude defendant’s proferred evidence regarding grandfather’s alienage to prove his own alienage due to limited probative value and potential for confusion. 		Criminal Law and Procedure Aug. 5, 2011
People v. Buza
Seizure of DNA pursuant to statute, which required DNA samples from felony arrestees immediately following arrest, violates Fourth Amendment. 		Criminal Law and Procedure Aug. 5, 2011
U.S. v. Houston
Government does not violate disclosure duty where recollection of informant's interviewer is substantially similar to evidence of interview notes used by defense. 		Criminal Law and Procedure Aug. 4, 2011
U.S. v. McCarty
Airport search of defendant’s luggage, which was conducted during course of limited administrative search, is not unlawful. 		Criminal Law and Procedure Aug. 4, 2011
Close v. Thomas
Bureau of Prisons is not required to prioritize nonviolent offenders, who are eligible for residential drug abuse treatment programs, based on potential early release dates. 		Criminal Law and Procedure Aug. 4, 2011
U.S. v. Stanley
Co-owner of computer, who had access to all materials, has authority to consent to search of unprotected files found to contain child pornography. 		Criminal Law and Procedure Aug. 3, 2011
Lee v. Lampert
Credible claim of actual innocence constitutes equitable exception for filing otherwise untimely habeas petition under Antiterrorism and Effective Death Penalty Act. 		Criminal Law and Procedure Aug. 3, 2011
People v. Cruz
Statute providing probation officer with sole discretion regarding use of monitoring device is unconstitutional because it deprives court of authority to supervise probation conditions. 		Criminal Law and Procedure Aug. 3, 2011
Stark v. Superior Court (People)
Provisions criminalizing public officer’s acts and omissions involving public funds require that defendant knew or was criminally negligent in failing to know underlying duties. 		Criminal Law and Procedure Aug. 2, 2011
People v. Gonzales and Soliz
Court properly denies defendant’s request to inform penalty retrial jury of first jury’s verdict on counts not at issue in retrial. 		Criminal Law and Procedure Jul. 29, 2011
People v. Thomas
Joinder of two different murder charges does not prejudice defendant because murders were of same class and strength of evidence was evenly balanced. 		Criminal Law and Procedure Jul. 29, 2011
Greenway v. Schriro
Attempts to amend initial post-conviction petition are not procedurally barred or waived when no previous collateral proceeding took place. 		Criminal Law and Procedure Jul. 29, 2011
U.S. v. Spentz
Court properly declines to give jury instruction regarding entrapment defense where agent's offer of potentially large reward did not amount to inducement. 		Criminal Law and Procedure Jul. 29, 2011
In re Sampson
Amendment denying conduct credits to gang members does not violate ex post facto principles where inmate continues to demonstrate gang affiliation following statute’s effective date. 		Criminal Law and Procedure Jul. 29, 2011
People v. Mitchell
Sentence must be reduced where part of sentence was based on enhancement with which defendant was never charged and which he did not admit committing. 		Criminal Law and Procedure Jul. 27, 2011
U.S. v. Yepez
Federal courts must credit California state court orders modifying probationary terms in applying safety valve provision for sentencing purposes. 		Criminal Law and Procedure Jul. 26, 2011
People v. Stillwell
Prosecutor does not fail to prove reliability of narcotics detection dog used to sniff vehicle although narcotics were not found in vehicle. 		Criminal Law and Procedure Jul. 26, 2011
People v. Clair
Defendant’s sexual abuse against minor daughter supports conviction for felony child endangerment because manner of abuse was likely to produce great bodily harm. 		Criminal Law and Procedure Jul. 25, 2011
John-Charles v. State
Defendant has no absolute, constitutional right to reappointment of counsel mid-trial after defendant’s intelligent and knowing waiver of right to counsel. 		Criminal Law and Procedure Jul. 25, 2011
U.S. v. Dann
Restitution order may not order parent to turn over accrued child support payments to victim where children have not reached age of majority. 		Criminal Law and Procedure Jul. 25, 2011
People v. Superior Court (World Wide Rush LLC)
California’s criminal discovery statutes do not preclude prosecutor from obtaining production of corporate documents that are nontestimonial. 		Criminal Law and Procedure Jul. 25, 2011
People v. Bennett
Police officers do not violate defendant's constitutional rights by stopping him based on parking violation subject to civil enforcement. 		Criminal Law and Procedure Jul. 22, 2011
People v. Roldan
Conviction for failing to provide proof of insurance is improper where there is no evidence that officer made demand or request for proof. 		Criminal Law and Procedure Jul. 22, 2011
People v. Patel
Probation condition proscribing conduct punishable for presence, possession, association, or other action requires scienter for violation. 		Criminal Law and Procedure Jul. 21, 2011
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