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People v. Hume
Attorney-defendant is not entitled to offset of restitution award to victims who also received reimbursement from California State Bar Client Security Fund. 		Criminal Law and Procedure Jun. 21, 2011
People v. Maikhio
Game warden may make vehicle stop based on reasonable suspicion that angler caught lobster that was out of season in violation of statute. 		Criminal Law and Procedure Jun. 20, 2011
Alaimalo v. U.S.
Prisoner is entitled to habeas relief where he makes showing of actual innocence that he was unable to raise in previous habeas proceedings. 		Criminal Law and Procedure Jun. 20, 2011
People v. Wrentmore
Court’s grant of defendant’s request to invoke statutory right to self-representation may not be disturbed absent miscarriage of justice. 		Criminal Law and Procedure Jun. 20, 2011
U.S. v. Wiles
Attempted sexual assault relates to generic charge for sexual assault and is predicate offense that allows court to impose enhanced sentencing. 		Criminal Law and Procedure Jun. 19, 2011
People v. Hunt
Admission of gang evidence does not violate due process right to fair trial when it allows permissible inferences and is relevant in proving gang enhancement allegations. 		Criminal Law and Procedure Jun. 19, 2011
U.S. v. Park
Conviction under California’s first-degree burglary statute is ‘crime of violence’ for federal sentencing purposes. 		Criminal Law and Procedure Jun. 19, 2011
People v. Reyes
Officer lacks objectively reasonable suspicion for traffic stop based on observastion of single Florida license plate on rear of defendant's vehicle. 		Criminal Law and Procedure Jun. 19, 2011
J.D.B. v. North Carolina
Child’s age is relevant in determining reasonableness of interrogation in light of totality of circumstances. 		Criminal Law and Procedure Jun. 16, 2011
Tapia v. U.S.
Sentencing court may not impose or lengthen defendant’s prison term to ensure completion of drug abuse program. 		Criminal Law and Procedure Jun. 16, 2011
Davis v. U.S.
No constitutional violation exists where search that later turned out to be unconstitutional was performed in strict compliance with then-existing laws. 		Criminal Law and Procedure Jun. 16, 2011
Bond v. U.S.
Petitioner has standing to challenge validity of statute on ground that statute interferes with state sovereignty. 		Criminal Law and Procedure Jun. 16, 2011
U.S. v. Holmes
In applying higher base offense level for setting public lands afire, court must state basis for finding land suffered more than short-term damage. 		Criminal Law and Procedure Jun. 16, 2011
U.S. v. Landa
Previous conviction for driving with blood-alcohol content of .05 percent while under 21 is not similar to juvenile status offense. 		Criminal Law and Procedure Jun. 15, 2011
People v. Reynolds
Defendant subject to three-year maximum term of commitment is not entitled to precommitment custody credit where maximum prison term for his offenses would be longer. 		Criminal Law and Procedure Jun. 15, 2011
People v. Sojka
Court errs in failing to instruct jury regarding defendant’s mistaken belief of victim’s consent where testimony provides evidence of good faith belief consent existed. 		Criminal Law and Procedure Jun. 14, 2011
People v. Tran
Prosecution’s ability to present evidence of other gang members’ offenses does not require exclusion of defendant’s own offense to show pattern of gang activity. 		Criminal Law and Procedure Jun. 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 Jun. 13, 2011
Magness v. Superior Court (People)
Use of remote control to open garage door does not constitute ‘entry’ justifying charge of completed burglary where there was no physical intrusion into building. 		Criminal Law and Procedure Jun. 12, 2011
In re Ryner
Reinstatement of decision to grant parole is proper where Governor’s reversal was not supported by evidence of inmate’s current dangerousness. 		Criminal Law and Procedure Jun. 12, 2011
Thompson v. Runnel
Order 		Criminal Law and Procedure Jun. 10, 2011
DePierre v. U.S.
‘Cocaine base’ under Anti-Drug Abuse Act does not only refer to ‘crack cocaine,’ but includes cocaine in its chemically basic form. 		Criminal Law and Procedure Jun. 10, 2011
Sykes v. U.S.
Prior state conviction for using vehicle to knowingly flee police is properly determined to be ‘violent felony’ for sentencing purposes. 		Criminal Law and Procedure Jun. 10, 2011
Ocampo v. Vail
Admission of hearsay testimony of absent witness, which incriminated defendant in criminal prosecution, may violate confrontation clause, even if statements were not delivered verbatim. 		Criminal Law and Procedure Jun. 10, 2011
U.S. v. Scott
Defendant is not prejudiced by judge's improper comments and interruptions where judge gave curative instructions regarding conduct at issue. 		Criminal Law and Procedure Jun. 9, 2011
U.S. v. Gonzalez-Aparicio
Plain-error standard applies in determining sentencing error where defendant failed to object to enhancement in prior proceedings. 		Criminal Law and Procedure Jun. 9, 2011
People v. Gerber
Insufficient evidence exists for child pornography conviction where defendant superimposed child’s head on adult bodies. 		Criminal Law and Procedure Jun. 9, 2011
In re Villanueva
Retrial of mistried enhancement allegations that were not dismissed in second trial is proper, even if greater aggregate sentence results. 		Criminal Law and Procedure Jun. 9, 2011
In re Copley
Trial court issues proper remedy by vacating Governor’s decision and reinstating Board of Parole Hearings' decision finding defendant suitable for parole. 		Criminal Law and Procedure Jun. 9, 2011
People v. Campos
Court lacks authority to strike gang allegation and refuse to impose alternate penalty in felony conviction that carried life imprisonment as punishment. 		Criminal Law and Procedure Jun. 9, 2011
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