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Name Category Published
U.S. v. Evanston
Court may not inquire into reasons for jury's deadlock and allow supplemental argument where doing so created opportunity for interference with jury's fact-finder role. 		Criminal Law and Procedure Jul. 6, 2011
U.S. v. Rahman
General waiver of right to appeal includes appeal of denial of motion to withdraw guilty plea. 		Criminal Law and Procedure Jul. 6, 2011
People v. Carbajal
Court may not send jury back for further deliberations on punishment allegation because it was inconsistent with jury's verdict on charges. 		Criminal Law and Procedure Jul. 6, 2011
People v. Vangelder
Court errs in excluding evidence that criticized reliability of data produced by breath test machines as not materially different from partition ratio evidence. 		Criminal Law and Procedure Jul. 5, 2011
People v. Virgil
Defendant has no right to be present at sidebar conferences where he failed to show his presence bore reasonably substantial relation to his defense. 		Criminal Law and Procedure Jul. 1, 2011
People v. Castaneda
Kidnapping conviction is reversed where erroneous instruction as to asportation element in kidnapping charge prejudiced defendant. 		Criminal Law and Procedure Jul. 1, 2011
U.S. v. Snyder
Statutory term of 'building' and address constitute sufficient proof that second-degree burglary qualified as violent felony for purposes of sentencing enhancement. 		Criminal Law and Procedure Jul. 1, 2011
Bible v. Schriro
State prisoner is not entitled to successive habeas petition where claim of new evidence is made after significant delay and does not show innocence. 		Criminal Law and Procedure Jun. 29, 2011
People v. Superior Court (Gilbert)
Civil commitment petition is improperly dismissed where delay in referring defendant for evaluation as sexually violent predator was honest mistake. 		Criminal Law and Procedure Jun. 29, 2011
People v. Ellison
Conviction for carrying concealed loaded weapon, which defendant had no permit for, does not violate defendant’s right to bear arms. 		Criminal Law and Procedure Jun. 29, 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 Jun. 29, 2011
People v. McDonough
Denial of outpatient status is improper where court found details of program lacking, but did not find that defendant was currently insane. 		Criminal Law and Procedure Jun. 29, 2011
People v. Sherow
Consent defense to burglary is not collateral to elements of offense, and therefore must be proved by reasonable doubt standard, not preponderance of evidence. 		Criminal Law and Procedure Jun. 28, 2011
People v. Tucker
Good cause exists for delay of trial due to medically necessary quarantine brought on by inmate contracting swine flu during global pandemic. 		Criminal Law and Procedure Jun. 28, 2011
People v. Skiles
Faxed copy of defendant’s indictment is admissible to prove conviction was sufficient for strike where copy was substantially similar to certified copies of court records. 		Criminal Law and Procedure Jun. 27, 2011
Schleining v. Thomas
Prisoner is ineligible for federal Good Conduct Time for time served in state prison before being sentenced on charge in federal court. 		Criminal Law and Procedure Jun. 27, 2011
U.S. v. Chapman
Court properly denies defendants’ motion to reopen where subsequent internal memo reinforces dismissal for prosecutorial misconduct that does not constitute fraud. 		Criminal Law and Procedure Jun. 27, 2011
People v. Woodward
‘One Strike Law’ requires pleading of any fact serving to increase penalty, not absence of fact that might decrease penalty sought. 		Criminal Law and Procedure Jun. 27, 2011
People v. Sifuentes
Doctrine of constructive possession does not support conviction for possession of firearm by felon where defendant did not have right to control gun. 		Criminal Law and Procedure Jun. 27, 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 Jun. 26, 2011
Bullcoming v. New Mexico
Forensic report created to serve as evidence in criminal proceeding is testimonial and defendant has right to confront analyst who prepared report. 		Criminal Law and Procedure Jun. 23, 2011
Freeman v. U.S.
Court has authority to consider sentencing amendments reducing defendant’s applicable range, even when defendant is sentenced subject to plea agreement. 		Criminal Law and Procedure Jun. 23, 2011
People v. Moore
Criminal defendant does not have right to hybrid representation because right to be represented and right to self-representation are mutually exclusive. 		Criminal Law and Procedure Jun. 23, 2011
U.S. v. Renzi
Congressman may not invoke Speech and Debate Clause to preclude extortion charges where his negotiations with private parties involved promises of future favorable legislation. 		Criminal Law and Procedure Jun. 23, 2011
People v. Johnigan
Implied malice finding for second-degree murder following fatality caused by intoxicated motorist does not require previous act of prior conviction or alcohol-related accident. 		Criminal Law and Procedure Jun. 23, 2011
Reina-Rodriguez v. U.S.
Appellate decision limiting definition of ‘burglary’ under Armed Career Criminal Act applies retroactively. 		Criminal Law and Procedure Jun. 22, 2011
U.S. v. Martinez
Records maintained by local police department in murder investigation, which related to prosecution of RICO case, are exempt from discovery. 		Criminal Law and Procedure Jun. 22, 2011
Griffith v. Superior Court (People)
Misdemeanors joined with felonies are subject to being set aside if not supported by evidence presented at preliminary hearing. 		Criminal Law and Procedure Jun. 21, 2011
U.S. v. Flores-Perez
Appellate court lacks jurisdiction to review motion to dismiss superseding indictment based on double jeopardy claim relying on assertion of erroneous denial of acquittal motion. 		Criminal Law and Procedure Jun. 21, 2011
People v. Patel
Probation condition proscribing conduct punishable for presence, possession, association, or other action requires scienter for violation. 		Criminal Law and Procedure Jun. 21, 2011
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