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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
U.S. v. Garcia-Guerrero
Court errs in calculating defendant’s base offense level for crime which defendant was not convicted of and carried much more serious penalty. 		Criminal Law and Procedure Feb. 22, 2011
People v. Dejourney
Issue on why developmentally disabled persons would not seek assistance when faced with threat is beyond common experience and proper for expert testimony. 		Criminal Law and Procedure Feb. 18, 2011
People v. Mozes
Child support orders must not be given priority over white collar crime victim restitution in Freeze and Seize proceedings. 		Criminal Law and Procedure Feb. 18, 2011
People v. Howard
Defendant’s failure to make adequate showing on trial record that stun belt affected his testimony is waived on appeal. 		Criminal Law and Procedure Feb. 17, 2011
Harrison v. Gillespie
State may include death penalty as sentencing option in retrial where previous jury reached only preliminary conclusions, not final verdict, on capital punishment inquiry. 		Criminal Law and Procedure Feb. 16, 2011
U.S. v. Valdovinos-Mendez
Admission of defendant’s certificate of nonexistence of record and Alien Registration File into evidence did not violate his confrontation right under Sixth Amendment. 		Criminal Law and Procedure Feb. 16, 2011
Fairbank v. Ayers
Defendant’s right to counsel is not violated when jail inmate who received incriminating notes from defendant was not acting under government’s guise. 		Criminal Law and Procedure Feb. 16, 2011
People v. Bui
Court errs in imposing consecutive sentences for offenses that arose from same occasion and same set of operative facts. 		Criminal Law and Procedure Feb. 16, 2011
In re Price
Prosecutor does not improperly tamper with juror by telling juror’s co-worker to give money to juror to vote guilty, in a joking manner. 		Criminal Law and Procedure Feb. 15, 2011
People v. Indiana Lumbermens Mutual Insurance Co.
Erroneous release of defendant and surety’s liability for posting bond do not entitle surety to forfeiture of bond. 		Criminal Law and Procedure Feb. 15, 2011
People v. Zarate
Court errs in calculating defendant’s presentence conduct credit pursuant to former version of Penal Code Section 4019. 		Criminal Law and Procedure Feb. 15, 2011
Babalola v. Superior Court (People)
Court errs in issuing criminal protective order under Penal Code Section 136.2 where there is no evidence defendant attempted to intimidate alleged victims. 		Criminal Law and Procedure Feb. 15, 2011
Lakey v. Hickman
Federal habeas petition is not subject to tolling of limitations period where state court previously rejects petition for relief as untimely. 		Criminal Law and Procedure Feb. 11, 2011
People v. Cortes
Court’s refusal to allow any expert testimony as to defendant’s actual mental state at time of offense is prejudicial abuse of discretion. 		Criminal Law and Procedure Feb. 11, 2011
U.S. v. Padilla
Jury instruction regarding defendant’s choice not to testify is valid where language chosen by court sufficiently covers substance of proposed instruction. 		Criminal Law and Procedure Feb. 10, 2011
People v. Gomez
Defendant’s incriminating responses regarding gang affiliation during booking questions are admissible because such questions are not designed to elicit incriminating response. 		Criminal Law and Procedure Feb. 9, 2011
Wilson v. Knowles
Court’s reliance on disputed facts requiring jury evaluation in increasing defendant’s sentence does not fall within prior conviction exception. 		Criminal Law and Procedure Feb. 9, 2011
Rhoades v. Henry
In death penalty case, counsel did not fail to investigate, develop, and present mental state defense where evidence was lacking. 		Criminal Law and Procedure Feb. 9, 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 Feb. 9, 2011
U.S. v. Flyer
Defendant does not ‘possess’ child pornography file located in unallocated space of his computer which he had no access or control over. 		Criminal Law and Procedure Feb. 9, 2011
People v. Xinos
Court errs in denying motion to suppress evidence of electronic data gathered from defendant’s vehicle for lack of probable cause. 		Criminal Law and Procedure Feb. 9, 2011
People v. Moreno
Court errs in denying defendant’s motion for discovery of materials in victim’s personnel file related to propensity for violence related to defendant’s self-defense theory. 		Criminal Law and Procedure Feb. 9, 2011
U.S. v. Krupa
Search warrant is valid where discovery of single image of child pornography is accompanied by exigent circumstances to support finding of probable cause. 		Criminal Law and Procedure Feb. 8, 2011
People v. Ochoa
Court errs in issuing no-visitation order against alleged sexual offense child victim because defendant was never sentenced for the alleged crime. 		Criminal Law and Procedure Feb. 8, 2011
People v. Pham
Attempted murder convictions are valid where defendant shoots at crowd with intent to kill specific individuals that, unknown to defendant, were not present. 		Criminal Law and Procedure Feb. 8, 2011
People v. Higgins
Prosecutor’s questioning and remarks regarding defense expert’s previous trial experience aimed to cast him in unfavorable light is reversible misconduct. 		Criminal Law and Procedure Feb. 7, 2011
People v. Bolton
Double Jeopardy Clause does not preclude imposition of additional sentence on count on which defendant was not convicted in first trial. 		Criminal Law and Procedure Feb. 7, 2011
U.S. v. Fox
District court errs in reducing defendant’s sentence when it ignored Sentencing Commission’s Policy Statement, which has authority in interpreting sentencing guidelines. 		Criminal Law and Procedure Feb. 7, 2011
Sharp v. Superior Court (People)
Amendment to discovery law authorizes court to order psychiatric examination of defendant, who pleads not guilty by reason of insanity, by prosecution-retained expert. 		Criminal Law and Procedure Feb. 4, 2011
People v. Ary
Due process violation does not occur where trial court placed burden of proving incompetence on defendant at retrospective competency hearing. 		Criminal Law and Procedure Feb. 4, 2011
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