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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
People v. Thomas
Defendant’s inculpatory statements made during interview at crime scene are not suppressible because defendant was not in 'custody' for purposes of 'Miranda.' 		Criminal Law and Procedure Feb. 4, 2011
People v. Keeper
Court is not required to instruct jury to consider all factors surrounding mentally impaired person's testimony where witness was not dependent on others for care. 		Criminal Law and Procedure Feb. 4, 2011
U.S. v. Smith
For Fourth Amendment purposes, seizure of suspect occurs after he fled from police officer’s presence when officer had reasonable suspicion to effectuate seizure. 		Criminal Law and Procedure Feb. 4, 2011
U.S. v. Morris
Government’s take it or leave it plea offer to defendant with condition he testify against gang leader in trial does not violate due process. 		Criminal Law and Procedure Feb. 3, 2011
People v. Brewer
Defendant subject to indeterminate life sentence is entitled to presentence conduct credits under Penal Code Section 4019. 		Criminal Law and Procedure Feb. 3, 2011
People v. Moore
Interrogation is not custodial where defendant voluntarily agrees to make statement in patrol car and at station, despite being suspect. 		Criminal Law and Procedure Feb. 1, 2011
People v. Jones
Although defense stated prima facie case of improper use, prosecutor properly exercises peremptory challenges for race-neutral reasons. 		Criminal Law and Procedure Feb. 1, 2011
Stanley v. Cullen
Court reasonably finds insufficient evidence to doubt defendant’s competency based on trial counsel’s assurances and defendant’s demeanor in courtroom. 		Criminal Law and Procedure Feb. 1, 2011
In re Loveless
Court errs in vacating denial of parole for defendant who lacked remorse and insight into gravity of offense committed. 		Criminal Law and Procedure Feb. 1, 2011
People v. Miranda
Enhancement findings as to personal firearm use that are inconsistent with verdict on substantive offenses do not render verdict invalid. 		Criminal Law and Procedure Feb. 1, 2011
People v. Manzo
Defendant unambiguously invokes right to remain silent by staying silent and indicating he was exercising his right before stating he understood warnings given. 		Criminal Law and Procedure Feb. 1, 2011
In re Kemp
Amendment to conduct credits applies to eligible prisoners regardless of whether judgment of conviction was entered prior to amendment’s enactment. 		Criminal Law and Procedure Jan. 31, 2011
U.S. v. Munoz-Camarena
Subsequent conviction for simple possession is felony, not aggravated felony, for purposes of sentencing following conviction for illegal reentry after deportation. 		Criminal Law and Procedure Jan. 31, 2011
Catlin v. Superior Court (People)
Motion for post-conviction discovery under Penal Code Section 1054.9 is not subject to timeliness requirement. 		Criminal Law and Procedure Jan. 28, 2011
U.S. v. Lichtenberg
Violation of domestic order is properly included in criminal history calculation because violation is insufficiently similar to contempt of court. 		Criminal Law and Procedure Jan. 28, 2011
People v. Gonzales
Release of patient’s confidential communications with psychotherapist is reversible error where court cannot conclude without reasonable doubt that it had no effect on verdict. 		Criminal Law and Procedure Jan. 28, 2011
U.S. v. Potter
Second Amendment’s protection of right to bear arms for lawful purposes does not extend to possession of firearm in furtherance of drug trafficking. 		Criminal Law and Procedure Jan. 27, 2011
U.S. v. Jenkins
Court properly suspends statute of limitations period pending evidence request from foreign country where government’s suspension application is filed before limitations period expires. 		Criminal Law and Procedure Jan. 26, 2011
U.S. v. Burgum
Court’s brief reference to defendant’s inability to pay restitution as ‘aggravating factor’ during sentencing is plain error. 		Criminal Law and Procedure Jan. 26, 2011
People v. Morrison
Court-ordered probation drug testing constitutes ‘inquiry authorized by law’ to support conviction under Penal Code Section 134 for preparing false evidence. 		Criminal Law and Procedure Jan. 26, 2011
People v. Ahmed
Court errs in sentencing defendant for firearm and great bodily injury enhancement when it constituted same act under Penal Code Section 654. 		Criminal Law and Procedure Jan. 25, 2011
Swarthout v. Cooke
No substantive federal interest exists in state’s decision to offer parole and federal analysis should be limited to whether procedural due process standards are met. 		Criminal Law and Procedure Jan. 25, 2011
Gilman v. Schwarzenegger,
Enactment increasing deferral period for parole hearings does not violate Ex Post Facto Clause absent showing of significant risk of prolonging prison term. 		Criminal Law and Procedure Jan. 25, 2011
U.S. v. Gonzalez-Diaz
Alien's conviction for being 'found in' U.S. following deportation is upheld where Canadian officials handed him over to U.S. authorities after holding him in custody. 		Criminal Law and Procedure Jan. 25, 2011
U.S. v. Carothers
Erroneous mistrial on lesser charged offense of simple possession does not preclude retrial on possession with intent to distribute. 		Criminal Law and Procedure Jan. 25, 2011
People v. Bryant
Court errs in treating unsworn juror statements alleging misconduct as made under penalty of perjury without holding complete hearing on issue. 		Criminal Law and Procedure Jan. 25, 2011
People v. Vigil
Juror’s homemade experiment to reenact drive-by shooting produces new evidence, constituting improper prejudicial juror misconduct. 		Criminal Law and Procedure Jan. 25, 2011
U.S. v. Liu
Defendant’s rights under Speedy Trial Act are not violated where timeframe for trial is reset after co-defendant is added to indictment. 		Criminal Law and Procedure Jan. 24, 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 Jan. 24, 2011
People v. Federico
Jury instruction on entrapment is properly denied where child’s rights organization was not acting as law enforcement agent and defendant initiated unlawful contact with child. 		Criminal Law and Procedure Jan. 24, 2011
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