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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
People v. Edwards
Prior drug conviction enhancement is status enhancement and may only be applied once for aggregated sentence, rather than imposed on each of defendant’s counts. 		Criminal Law and Procedure May 25, 2011
People v. Roberts
Prosecutor’s statement in underlying prior conviction to support sentencing enhancement is not admissible under adoptive admission exception to hearsay rule. 		Criminal Law and Procedure May 25, 2011
U.S. v. Eriksen
Trustee of 401(k) retirement plan commits embezzlement by failing to contribute to plan and using employee contributions for operating expenses. 		Criminal Law and Procedure May 24, 2011
U.S. v. Lettiere
Court properly uses statutory definition of ‘brandish,’ which was clearly defined under statute, even if statutory interpretation varied from ordinary meaning. 		Criminal Law and Procedure May 24, 2011
Williams v. Cavazos
Court violates Sixth Amendment by removing holdout juror where there was reasonable probability that discharge stemmed from views on merits. 		Criminal Law and Procedure May 24, 2011
U.S. v. Diaz-Ramirez
Answers given during group plea hearing do not violate defendants’ due process rights where affirmative evidence shows plea was entered knowingly and willfully. 		Criminal Law and Procedure May 24, 2011
In re Nguyen
Mental health evaluator’s failure to explore petitioner's behavior does not amount to evidence of dangerousness for purposes of reversal of parole grant. 		Criminal Law and Procedure May 24, 2011
U.S. v. Kent
Threat of enhanced charges during plea negotiations, later carried out after defendant rejects offer, does not constitute vindictiveness that warrants striking of enhancement. 		Criminal Law and Procedure May 24, 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 May 23, 2011
People v. Heslington
Court errs in ordering complete unsealing of affidavit where previous substantial disclosure already provided defendant with necessary material. 		Criminal Law and Procedure May 23, 2011
People v. Perez
Court may use ‘prison packets’ or business records kept by penal institutions in proving defendant’s prior convictions for sentencing purposes. 		Criminal Law and Procedure May 20, 2011
People v. Superior Court (Rigby)
Court acts in excess of jurisdiction by permitting sexually violent predator to petition for conditional release while not currently committed. 		Criminal Law and Procedure May 20, 2011
People v. Racklin
In revocation hearing, probationer’s admission, which was elicited by police officers absent 'Miranda' warning, is admissble. 		Criminal Law and Procedure May 20, 2011
People v. Vines
Court may excuse prospective juror when her belief on death penalty would prevent performance of her duties as juror. 		Criminal Law and Procedure May 20, 2011
People v. Gray
Defendant waives his attorney-client communication privilege regarding documents brought to stand and used to refresh his memory in testifying. 		Criminal Law and Procedure May 20, 2011
Leavitt v. Arave
Attorney’s strategic decision not to further investigate defendant’s mental health condition for resentencing purposes is reasonable. 		Criminal Law and Procedure May 18, 2011
Kentucky v. King
Officers’ conduct of knocking and announcing presence before entry does not create ‘exigency’ invalidating warrantless search. 		Criminal Law and Procedure May 17, 2011
People v. Stipo
Internet subscriber does not have reasonable expectation of privacy over Internet protocol address obtained from service provider. 		Criminal Law and Procedure May 17, 2011
U.S. v. Escamilla-Rojas
Petitioner’s guilty plea at group plea hearing does not amount to constitutional violation absent showing plea was entered unknowingly and involuntarily. 		Criminal Law and Procedure May 13, 2011
People v. Arceo
Admission of testimony from witnesses, who recounted inculpatory statements by codefendants, does not violate Sixth Amendment right to confront adverse witnesses. 		Criminal Law and Procedure May 13, 2011
In re Vicks
Law imposing longer deferral period for parole hearing poses significant risk that inmate would spend increased period of incarceration in violation of ex post facto principles. 		Criminal Law and Procedure May 12, 2011
People v. Riazati
Convictions for animal neglect require showing that defendant exposed animals to high risk of great bodily injury, not death. 		Criminal Law and Procedure May 12, 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 May 12, 2011
Harrison v. Gillespie
Trial court does not subject defendant to double jeopardy by declining to poll jury before discharging it because it was unable to reach verdict. 		Criminal Law and Procedure May 11, 2011
Velasquez v. Kirkland
Court properly dismisses federal habeas petition filed more than two years from date on which conviction became final and absent showing petitioner was entitled to tolling. 		Criminal Law and Procedure May 11, 2011
U.S. v. Tsosie
Defendant may appeal restitution award following plea agreement where agreement fails to give estimate of restitution amount he is exposed to. 		Criminal Law and Procedure May 11, 2011
People v. Nunez
Term of years sentence that acts as sentence of actual life in prison without possibility of parole violates constitutional standards when applied to juvenile nonhomicide offenders. 		Criminal Law and Procedure May 11, 2011
People v. Jaska
Grand theft convictions based on series of thefts against employer are proper where they were not committed under one intention, impulse, and plan. 		Criminal Law and Procedure May 10, 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 May 10, 2011
People v. Cottone
Court errs in not submitting to jury issue of whether defendant appreciated wrongfulness of prior sexual misconduct, which occurred 32 years ago. 		Criminal Law and Procedure May 10, 2011
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