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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
U.S. v. Fasthorse
Sexual abuse conviction is upheld based on reasonable conclusion that victim was physically unable to decline participation in sexual act while asleep. 		Criminal Law and Procedure Apr. 3, 2011
People v. Kim
Court may not impose additional life sentences pursuant to plea agreement without giving defendant opportunity to withdraw his plea. 		Criminal Law and Procedure Mar. 31, 2011
U.S. v. Cotterman
Government’s border search authority extends beyond actual border, and may include transporting property away from border for proper evaluation. 		Criminal Law and Procedure Mar. 31, 2011
People v. Lara
Court has discretion in determining whether prior strike enhancement, which was ‘dismissed’ under plea agreement, affects defendant’s presentence credits. 		Criminal Law and Procedure Mar. 31, 2011
In re Jackson
Parole may not be denied based on defendant’s refusal to admit guilt alone absent showing that he would present risk of danger to society if released. 		Criminal Law and Procedure Mar. 31, 2011
People v. Vinson
Amendment to Penal Code Section 666, which requires proof of three prior convictions for certain offenders, applies retroactively to defendant. 		Criminal Law and Procedure Mar. 30, 2011
People v. Moon
Conduct credits are properly denied to defendant convicted of murder, even when defendant is granted probation. 		Criminal Law and Procedure Mar. 30, 2011
People v. Delgado
Trial court errs in failing to instruct on aiding and abetting based on evidence that defendant did not personally move victim in kidnapping. 		Criminal Law and Procedure Mar. 30, 2011
People v. Varela
Defendant’s conviction for evading police officer while driving motor vehicle is proper because ‘pocket bike’ is within definition of ‘motor vehicle.’ 		Criminal Law and Procedure Mar. 30, 2011
People v. Moon
Conduct credits are properly denied to defendant convicted of murder, even when defendant is granted probation. 		Criminal Law and Procedure Mar. 30, 2011
People v. Arias
Denial of motion for judgment of acquittal on kidnapping charge is proper where evidence shows defendant involuntarily moved victim some distance. 		Criminal Law and Procedure Mar. 30, 2011
People v. Meneses
Sufficient evidence supports jury’s finding that defendant caused great bodily injury after sexual conduct with 12-year-old victim, which resulted in impregnation. 		Criminal Law and Procedure Mar. 28, 2011
People v. Schlimbach
Under Unlawful Liquor Sale Abatement Law, bar constitutes nuisance based on handful of incidents of unlawful alcohol sales to obviously intoxicated persons. 		Criminal Law and Procedure Mar. 28, 2011
People v. Gann
Co-conspirator’s statements supporting conspiracy to make murder seem like home-invasion robbery are properly admitted as evidence under hearsay exception. 		Criminal Law and Procedure Mar. 25, 2011
People v. Superior Court (Brim)
Delay in penalty phase due to lengthy investigation does not constitute good cause to allow empanelling of separate juries in capital case. 		Criminal Law and Procedure Mar. 25, 2011
U.S. v. Buenrostro
Under Federal Rules, state prisoner may not bring new claim that would otherwise be barred as successive, without showing fraud on previous habeas court. 		Criminal Law and Procedure Mar. 24, 2011
People v. Yarbrough
Conviction for first degree burglary based on erroneous jury instruction is improper because evidence suggested that defendant was found outside unenclosed balcony. 		Criminal Law and Procedure Mar. 24, 2011
People v. Koontz
Trial court is vested with discretion to strike prior serious felony conviction to afford maximum allowable presentence conduct credits. 		Criminal Law and Procedure Mar. 24, 2011
People v. Sanchez
Certified letter, which was offered as sole evidence to show defendant was not registered owner of firearm, is inadmissible as violative of Sixth Amendment. 		Criminal Law and Procedure Mar. 24, 2011
People v. Kim
Probation condition referencing specific statutory provisions is not unconstitutionally vague for lack of explicit knowledge requirement necessarily implied from statute. 		Criminal Law and Procedure Mar. 23, 2011
People v. McCullough
Jail booking fees are not reviewable on appeal absent timely objection by defendant during sentencing phase. 		Criminal Law and Procedure Mar. 23, 2011
Felkner v. Jackson
Ninth Circuit errs in reversing state court's decision to uphold prosecutor’s peremptory challenges where decision to reverse denial was dismissive and had no basis. 		Criminal Law and Procedure Mar. 22, 2011
U.S. v. Guo
Statute prohibiting persons from knowingly attempting to export thermal imaging cameras without license is not void for vagueness. 		Criminal Law and Procedure Mar. 18, 2011
U.S. v. Harrell
‘Relating to’ parenthetical contained in aggravated identity theft statute is descriptive term, and does not limit violations covered under statute. 		Criminal Law and Procedure Mar. 18, 2011
People v. Nychay
Defendant is not entitled to recalculation of presentence custody credit where there was no new sentence following remand for correction of sentencing errors. 		Criminal Law and Procedure Mar. 18, 2011
People v. Moore
Remarks on reasonable doubt standard during voir dire that did not create reasonable likelihood of unconstitutional misapplication by jury do not warrant reversal. 		Criminal Law and Procedure Mar. 18, 2011
People v. Rios
Probation officers may lawfully detain person found in residence of juvenile probationer to determine if probationer violated terms of his probation. 		Criminal Law and Procedure Mar. 17, 2011
People v. Ramirez
Juvenile’s sentence for attempted murder, which essentially amounts to life without parole, is not unconstitutional because offense is arguably ‘homicide offense.’ 		Criminal Law and Procedure Mar. 17, 2011
U.S. v. Doss
Witness tampering charge is improper where defendant requests that his wife exercise her marital privilege against testifying, and does not engage in ‘corrupt’ persuasion. 		Criminal Law and Procedure Mar. 16, 2011
U.S. v. Fernandes
Court has mandatory duty to require person convicted of sex offense to register as sex offender as condition of probation. 		Criminal Law and Procedure Mar. 15, 2011
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