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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
People v. Nazary
Grand theft by employee is not lesser included offense of embezzlement because defendant can commit one without necessarily committing other. 		Criminal Law and Procedure Jan. 6, 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 Jan. 5, 2011
People v. Cua
Defendant’s failure to object to DNA evidence at trial does not preserve issue on appeal and court has no duty exclude evidence sua sponte. 		Criminal Law and Procedure Jan. 4, 2011
U.S. v. Harris
Defendant's appeal is dismissed based on waiver in plea agreement, despite withdrawal of stipulation that prior conviction was for 'crime of violence.' 		Criminal Law and Procedure Jan. 4, 2011
U.S. v. Liquidators of European Federal Credit Bank In Liquidation
Government’s failure to assert civil forfeiture proceeding on asset subject to criminal forfeiture proceeding is subject to res judicata with respect to same asset. 		Criminal Law and Procedure Jan. 4, 2011
U.S. v. Montes
Failure to hold evidentiary hearing upon allegation of jury misconduct does not prejudice defendant where overwhelming evidence supports verdict. 		Criminal Law and Procedure Jan. 4, 2011
People v. Ochoa
Ruling at probation revocation hearing based on evidence from first trial does not bar second trial under doctrine of collateral estoppel. 		Criminal Law and Procedure Jan. 4, 2011
People v. James
Evidence of prior acts of domestic violence is admissible in prosecution for burglary where defendant’s actions involved domestic violence. 		Criminal Law and Procedure Jan. 3, 2011
U.S. v. Anaya-Acosta
Issuance of departure control order does not modify immigration status for purposes of conviction for being illegal alien in possession of firearm. 		Criminal Law and Procedure Jan. 3, 2011
U.S. v. Contreras-Hernandez
Defendant’s increased sentence is justified because solicitation for murder of his wife constituted ‘crime of violence’ for purposes of sentencing guidelines. 		Criminal Law and Procedure Jan. 3, 2011
U.S. v. Chaudhry
Court lacks jurisdiction over government’s appeal of order temporarily refusing to impose sentence on incompetent defendant. 		Criminal Law and Procedure Jan. 3, 2011
In Re Withers
Court erroneously dismisses 28 U.S.C. Section 2255 motion without considering merits of right to public trial and ineffective assistance of counsel claims. 		Criminal Law and Procedure Jan. 3, 2011
People v. Diaz
Warrantless search of defendant’s cell phone found on his person at time of arrest is valid under Fourth Amendment. 		Criminal Law and Procedure Jan. 3, 2011
People v. Martin
Probation conditions based on dismissed domestic violence charge under plea bargain are properly imposed after defendant expressly consented to conditions. 		Criminal Law and Procedure Jan. 2, 2011
People v. James
Evidence of prior acts of domestic violence is admissible in prosecution for burglary where defendant’s actions involved domestic violence. 		Criminal Law and Procedure Jan. 2, 2011
U.S. v. Mayweather
Plea withdrawal is properly denied where defendant had knowledge of proffered reasons for withdrawal before entering guilty plea. 		Criminal Law and Procedure Dec. 29, 2010
U.S. v. Luong
Defendant cannot challenge conviction masked as resentencing challenge because it falls outside appellate court’s mandate to remand for resentencing. 		Criminal Law and Procedure Dec. 29, 2010
People v. Woods
When defendant is placed on probation under Penal Code Section 1210.1, court may not stay court facilities assessment, restitution fine, or court security fee. 		Criminal Law and Procedure Dec. 29, 2010
People v. Trask
Deferred entry of judgment may not be terminated based on defendant’s inability to pay fees for diversion program. 		Criminal Law and Procedure Dec. 29, 2010
People v. Valenzuela
Defendant’s prior conviction for reckless driving does not count as ‘serious felony’ absent evidence that defendant personally inflicted harm on victim. 		Criminal Law and Procedure Dec. 28, 2010
People v. Vasquez
Civil settlement for additional medical expenses and damages suffered by victim does not satisfy defendant’s liability under restitution order. 		Criminal Law and Procedure Dec. 28, 2010
McCullough v. Kane
Governor’s decision to reverse inmate’s parole violates due process where decision was not supported by 'some evidence' of unreasonable risk of future dangerousness. 		Criminal Law and Procedure Dec. 27, 2010
U.S. v. Valverde
Agency's interim rule concerning sex offenders does not apply retroactively until Administrative Procedure Act requirements are met, absent showing of sufficient risk of harm. 		Criminal Law and Procedure Dec. 27, 2010
People v. Woods
When defendant is placed on probation under Penal Code Section 1210.1, court may not stay court facilities assessment, restitution fine, or court security fee. 		Criminal Law and Procedure Dec. 26, 2010
People v. Cabrera
Gang expert properly bases testimony on police reports and knowledge, which indicate defendant’s association with street gang, supporting gang enhancement. 		Criminal Law and Procedure Dec. 26, 2010
People v. Rosas
Court has jurisdiction to reduce fines on remand as part of resentencing, despite defendant’s failure to challenge fines in first appeal. 		Criminal Law and Procedure Dec. 22, 2010
U.S. v. Alvarez-Perez
Later filing of indictment on same charge does not trigger new 70-day period for commencing defendant's trial under Speedy Trial Act. 		Criminal Law and Procedure Dec. 22, 2010
People v. Smith
Only one of defendant's rape convictions can stand where two convictions were based on same act of sexual intercourse with victim. 		Criminal Law and Procedure Dec. 22, 2010
People v. Nesbitt
Court has power to reconsider rulings where court was not divested of jurisdiction at time of rehearing and no final judgment was rendered. 		Criminal Law and Procedure Dec. 22, 2010
People v. Hollinquest
Preliminary hearing testimony of witness, later deemed ‘unavailable,’ is admissible because defendant had opportunity and did cross-examine witness during preliminary hearing. 		Criminal Law and Procedure Dec. 21, 2010
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