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In re Smith
Board’s decision denying parole is supported by some evidence where defendant appeared agitated and angry at hearing, despite exemplary record and rehabilitative efforts. 		Criminal Law and Procedure Jun. 9, 2011
In re Aragon
Board of Parole Hearings properly denies parole to inmate who refused to address substance abuse problem, which supported finding that he posed threat to public safety. 		Criminal Law and Procedure Jun. 9, 2011
People v. Butler
Crime of fraudulent presentation of multiple claims for same loss is not limited to presentation of claims to more than one insurer. 		Criminal Law and Procedure Jun. 8, 2011
McNeill v. U.S.
Whether prior drug conviction qualifies as ‘serious drug offense’ under Armed Career Criminal Act is determined by maximum term of imprisonment at time of conviction. 		Criminal Law and Procedure Jun. 7, 2011
Styre v. Adams
Separate hearing is not required before governor can reverse board’s grant of parole to prisoner, who did not dispute receiving procedural protection. 		Criminal Law and Procedure Jun. 7, 2011
People v. Law
Firearm enhancement is supported by substantial evidence where witnesses testified as to seeing, touching, and hearing defendant’s use of gun. 		Criminal Law and Procedure Jun. 7, 2011
People v. Frandsen
Jury instruction regarding imperfect self-defense is proper where defendant participated in ongoing imprisonment of victim who lawfully attempted escape. 		Criminal Law and Procedure Jun. 7, 2011
Sessoms v. Runnels
Petitioner is not entitled to federal habeas relief where state court decisions, which found that right to counsel was not unequivocally asserted, were not unreasonable. 		Criminal Law and Procedure Jun. 6, 2011
People v. Ardoin
Conviction is upheld although court erred in declining to reopen case for defense argument following modification of felony-murder instruction. 		Criminal Law and Procedure Jun. 6, 2011
People v. Anderson
Trial court has no obligation to provide instruction on defense of accident where defendant's theory attempted to negate intent element of crime. 		Criminal Law and Procedure Jun. 3, 2011
People v. Gonzales
Although prosecutor’s emotional remarks were improperly allowed, conviction is reasonable due to substantial evidence of horrendous murder. 		Criminal Law and Procedure Jun. 3, 2011
People v. Zambia
Pandering in violation of Penal Code Section 266i applies to defendant who encouraged victim to engage in future acts of prostitution, whether or not victim is already prostitute. 		Criminal Law and Procedure Jun. 3, 2011
U.S. v. Buckles
Defendant who detrimentally relies on misinformation from court’s clerk may be entitled to equitable tolling of untimely motion. 		Criminal Law and Procedure Jun. 3, 2011
U.S. v. Baptist
Fair Sentencing Act, which was enacted to restore fairness to federal cocaine sentencing, does not apply to defendants sentenced before date of enactment. 		Criminal Law and Procedure Jun. 3, 2011
U.S. v. Rodriguez-Castro
Drug courier is not entitled to minor-role sentencing reduction given defendant’s significant involvement in planning for offense and substantial quantity of drugs seized. 		Criminal Law and Procedure Jun. 3, 2011
People v. Cordell
Fraudulent conveyance of access card conviction is not supported by sufficient evidence where evidence shows defendant only ‘used’ card without permission. 		Criminal Law and Procedure Jun. 2, 2011
U.S. v. Lynn
Dual convictions for both receiving and possessing child pornography violates double jeopardy prohibition where convictions are based on same conduct. 		Criminal Law and Procedure Jun. 1, 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. 1, 2011
Ashcroft v. Al-Kidd
Attorney General is entitled to immunity over arrest of federal material witness based on lawfully obtained warrant, even if motive was questionable. 		Criminal Law and Procedure Jun. 1, 2011
McGill v. Superior Court (People)
Failure to recall witness-defendant accused of perjury before grand jury violates Penal Code Section 939.7. 		Criminal Law and Procedure Jun. 1, 2011
Emery v. Clark
Gang enhancement does not require that specific intent to further criminal gang activity be apart from criminal conduct of underlying offense. 		Criminal Law and Procedure May 31, 2011
People v. Carmona
Denial of motion to suppress evidence obtained from traffic stop is improper where no reasonable suspicion existed that driver violated Vehicle Code. 		Criminal Law and Procedure May 31, 2011
People v. Guzman
Reporting requirement for motorboat accident does not violate constitutional right against self-incrimination since liability arises only in absence of compliance. 		Criminal Law and Procedure May 31, 2011
Haney v. Adams
Petitioner may not raise 'Batson' claim alleging discriminatory use of peremptory challenges if he failed to object to prosecution’s challenges at trial. 		Criminal Law and Procedure May 27, 2011
Fowler v. U.S.
Under witness tampering statute, government must show reasonable likelihood communication would be made to federal officer where defendant’s intent in killing applied to all officers. 		Criminal Law and Procedure May 27, 2011
U.S. v. Tinklenberg
Pretrial motion exclusion under Speedy Trial Act applies automatically when motion is filed, regardless of whether motion actually caused delay. 		Criminal Law and Procedure May 27, 2011
U.S. v. Ellis
Government’s recommendation to apply high-end of sentencing range does not constitute argument to increase offense level calculation in violation of plea agreement. 		Criminal Law and Procedure May 27, 2011
People v. Holmberg
Victim restitution order against defendant convicted of concealing stolen property is proper where defendant's conduct was substantial factor in depriving victims. 		Criminal Law and Procedure May 27, 2011
People v. Galvez
Gang sentencing enhancement is properly applied where expert testimony shows defendant’s attack of witness was committed for benefit of criminal street gang. 		Criminal Law and Procedure May 26, 2011
People v. Eckard
Prior out-of-state indecent exposure conviction does not render defendant subject to felony sentencing under Penal Code section 314. 		Criminal Law and Procedure May 26, 2011
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