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Blair v. Martel
Antiterrorism and Effective Death Penalty Act requires denial of habeas petition where no Supreme Court decision clearly establishes due process right to speedy appeal. 		Criminal Law and Procedure Jul. 21, 2011
People v. Rushing
Defendant fails to show bias in prosecution’s peremptory challenge where juror expressed religious prejudice and sympathy for gang members. 		Criminal Law and Procedure Jul. 21, 2011
People v. Bell
For purposes of grand theft conviction, renter has sufficient intent to permanently deprive lessor of leasehold interest to extent of failure to pay rent. 		Criminal Law and Procedure Jul. 21, 2011
People v. Canizalez
Sufficient evidence supports second-degree murder conviction based on subjective awareness of risk of death that street racing created. 		Criminal Law and Procedure Jul. 21, 2011
In re Stone
Court improperly orders release of parolee based on prior failure to provide notice of retention decision by Board of Prison Hearings. 		Criminal Law and Procedure Jul. 20, 2011
U.S. v. Bagdasarian
Conviction for threatening to kill or harm presidential candidate is improper where speaker did not have subjective intent to threaten candidate. 		Criminal Law and Procedure Jul. 20, 2011
People v. Taylor
Court may award victim restitution for contingency fees without first determining whether fee was reasonable under lodestar method. 		Criminal Law and Procedure Jul. 20, 2011
People v. Urke
Probation condition that prohibited defendant, who was convicted of committing lewd act on a minor, from being in presence of minors is proper. 		Criminal Law and Procedure Jul. 20, 2011
U.S. v. Maier
Court properly exercises discretion to vacate possession of child pornography charge and sentence under distribution charge based on defendant’s significant criminal activity. 		Criminal Law and Procedure Jul. 19, 2011
People v. Voravongsa
Sex offender registration and prior convictions are ‘sentencing facts,’ which are not subject to motion to dismiss under Penal Code Section 1385. 		Criminal Law and Procedure Jul. 18, 2011
U.S. v. Sepulveda-Barraza
Expert testimony regarding structure and operation of drug-trafficking organizations, including unknowing couriers, is properly admitted. 		Criminal Law and Procedure Jul. 18, 2011
People v. James
Court may consider dismissed prior strike for purposes of sentencing, and enhanced custody credit provisions do not require pleading and proof. 		Criminal Law and Procedure Jul. 15, 2011
People v. Superior Court (Wright)
Fraudulent voting charges are reinstated where presumption that legislator's domicile is address in voter registration form does not apply. 		Criminal Law and Procedure Jul. 13, 2011
In re Richardson
Habeas relief for ineffective assistance of appellate counsel is denied where claim is based on trial counsel’s assistance that court did not find deficient. 		Criminal Law and Procedure Jul. 13, 2011
Brown v. Horell
Habeas corpus petition is properly denied although interrogator coerced defendant into confessing by conditioning his ability to see his child on cooperation with police. 		Criminal Law and Procedure Jul. 13, 2011
People v. Bivert
Evidence tending to prove defendant was White supremacist is relevant and admissible in proving motive and intent to kill. 		Criminal Law and Procedure Jul. 12, 2011
In re Crew
Defendant fails to show ineffective assistance of counsel where mitigating evidence of alleged abuse could not reasonably have been discovered at time of trial. 		Criminal Law and Procedure Jul. 12, 2011
Richter v. Harrington
State court reasonably denies ineffective assistance claim where there was no reasonable probability that attorney’s introduction of evidence would have changed verdict. 		Criminal Law and Procedure Jul. 12, 2011
Ngo v. Giurbino
Defendant, who shot at rival gang members during car chase, has specific intent to kill each occupant given prior opportunity to observe occupants. 		Criminal Law and Procedure Jul. 12, 2011
U.S. v. Duncan
Court errs in failing to hold hearing where reasonable doubt as to defendant’s competence is shown based on experts’ findings and defendant’s unusual statements. 		Criminal Law and Procedure Jul. 12, 2011
U.S. v. Kennedy
Government fails to establish causal connection justifying victim restitution where evidence only shows generalized harm of defendant’s conduct. 		Criminal Law and Procedure Jul. 12, 2011
U.S. v. Quinzon
Condition of supervised release requiring that monitoring technology be installed on computer-related devices is proper. 		Criminal Law and Procedure Jul. 12, 2011
People v. Williams
Robbery conviction is properly predicated on theft by false pretenses where defendant used force when fleeing store after acquisition of property. 		Criminal Law and Procedure Jul. 12, 2011
Garcia v. Texas
State is not required to stay execution so that Congress may consider whether to enact legislation that might authorize collateral attack on judgment. 		Criminal Law and Procedure Jul. 11, 2011
U.S. v. Gonzalez-Melchor
Appellate waiver is invalid because district court’s active participation in negotiating waiver in exchange for reduced sentence was inherently coercive. 		Criminal Law and Procedure Jul. 11, 2011
People v. Famalaro
Change of venue motion is properly denied where size of community shows defendant would receive fair trial despite heavy media coverage of case. 		Criminal Law and Procedure Jul. 8, 2011
People v. Loy
Jury instruction on prior sexual crimes is proper in light of instructions repeatedly admonishing jury as to reasonable doubt standard. 		Criminal Law and Procedure Jul. 8, 2011
People v. Murphy
Defendant's submission of false stolen vehicle report must be prosecuted as misdemeanor under Vehicle Code, not under more general statute. 		Criminal Law and Procedure Jul. 8, 2011
Hurles v. Ryan
Judicial recusal is appropriate where trial judge becomes involved in capital defendant’s interlocutory appeal by making statements regarding evidence of guilt before trial. 		Criminal Law and Procedure Jul. 8, 2011
People v. Verni
Owner of apartment damaged as result of defendant’s aggravated mayhem conviction is entitled to restitution. 		Criminal Law and Procedure Jul. 8, 2011
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