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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Pulido v. Chrones
Defendant is not prejudiced by faulty jury instruction regarding felony-murder rule where jury found him to be major participant under robbery-murder special circumstance. 		Criminal Law and Procedure Dec. 21, 2010
Towery v. Schriro
Harmless prosecutorial misconduct on inconsistent use of witness testimony does not warrant reversal of defendant’s conviction since error was objectively reasonable. 		Criminal Law and Procedure Dec. 21, 2010
People v. Russell
No fixed period of ‘watching and waiting’ is necessary to establish substantial time in order to support conviction of murder by lying-in-wait. 		Criminal Law and Procedure Dec. 21, 2010
Fleming v. Superior Court (People)
School district superintendent does not unlawfully appropriate public money by having subordinates compile lists of individuals who supported recall of school board. 		Criminal Law and Procedure Dec. 21, 2010
People v. Albillar
Conviction for ‘active participation in criminal street gang’ requires finding of felonious criminal conduct by gang members, not that criminal conduct was gang-related. 		Criminal Law and Procedure Dec. 20, 2010
People v. Puentes
Prosecution fails to rebut presumption of vindictiveness where felony charge is re-added to defendant’s charges after misdemeanor is reversed on appeal. 		Criminal Law and Procedure Dec. 20, 2010
People v. Nelson
Victim's statement to firefighter while in ambulance, which identified defendant as perpetrator, is nontestimonial and admissible under Sixth Amendment. 		Criminal Law and Procedure Dec. 19, 2010
People v. Bacon
Trial court has discretion in deciding whether foundational evidence is sufficient in establishing preliminary fact. 		Criminal Law and Procedure Dec. 16, 2010
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 Dec. 16, 2010
U.S. v. Newhoff
Judge’s failure to issue admonition on testimony re-read to jury is not reversible error because there is sufficient evidence to support defendant’s conviction. 		Criminal Law and Procedure Dec. 16, 2010
In re Gomez
Denial of parole is improper where evidence does not support finding that commitment offense was ‘especially atrocious’ or that inmate lacked insight. 		Criminal Law and Procedure Dec. 15, 2010
People v. Polk
Defendant forfeits objection to 'Miranda' warnings on appeal where she fails to raise substantive adequacy of warnings at trial court level. 		Criminal Law and Procedure Dec. 14, 2010
People v. Lieng
Search warrant based on police observations of property made from property’s driveway is valid and does not violate Fourth Amendment. 		Criminal Law and Procedure Dec. 14, 2010
In re Roberts
Court properly dismisses petition for habeas relief based on statute of limitations where petitioner fails to demonstrate eligibility for equitable tolling. 		Criminal Law and Procedure Dec. 13, 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. 13, 2010
People v. Christiana
Court errs in authorizing defendant’s involuntary medication where lack of sufficient evidence showed defendant would be restored to competence. 		Criminal Law and Procedure Dec. 12, 2010
U.S. v. Goyal
Court errs in upholding defendant’s securities fraud conviction despite government’s failure to prove defendant materially misstated revenue using ‘buy-in’ accounting method. 		Criminal Law and Procedure Dec. 12, 2010
U.S. v. Ressam
Court vacates sentence imposed on defendant convicted in relation to terrorist plot because district court failed to address government's arguments. 		Criminal Law and Procedure Dec. 12, 2010
U.S. v. Lawrence
Defendant’s prior assault conviction was categorically equivalent to predicate offense of violent felony under statute imposing minimum sentence of 15 years. 		Criminal Law and Procedure Dec. 12, 2010
People v. Jackson
Regardless of whether ‘balcony’ is part of ‘structure’ under burglary statute, defendant violated statute because he was found halfway inside victim’s apartment. 		Criminal Law and Procedure Dec. 9, 2010
People v. Gonzalez
Instructional error on attempted murder does not warrant reversal when there is sufficient evidence to show defendant personally deliberated and premeditated killing. 		Criminal Law and Procedure Dec. 9, 2010
Bills v. Clark
In determining equitable tolling, court must consider effects of prisoner’s mental impairment on ability to exercise diligence in filing federal habeas petition. 		Criminal Law and Procedure Dec. 8, 2010
Moormann v. Ryan
Counsel does not render ineffective assistance in failing to raise defense negating premeditation where defense did not undercut overwhelming evidence supporting conviction. 		Criminal Law and Procedure Dec. 8, 2010
U.S. v. Caruto
Instruction to grand jury to ignore potential punishment in deciding whether to convict does not violate Fifth Amendment. 		Criminal Law and Procedure Dec. 8, 2010
People v. Shockley
Trial court has no obligation to instruct jury on battery because offense was not lesser included offense to charge of lewd and lascivious conduct. 		Criminal Law and Procedure Dec. 8, 2010
People v. Labora
Sentence is invalid where obtained by defense through judicial plea bargaining, after gaining judge’s assurance of sentence in exchange for guilty plea. 		Criminal Law and Procedure Dec. 8, 2010
People v. Cornett
Conviction for molestation of child '10 years of age or younger' does not include victim who has passed 10th birthday. 		Criminal Law and Procedure Dec. 7, 2010
U.S. v. Lopez-Velasquez
Immigration judge does not have duty to inform petitioner of possibility of relief when petitioner was clearly ineligible under claimed statute. 		Criminal Law and Procedure Dec. 7, 2010
U.S. v. White & Case LLP
Grand jury subpoenas for foreign documents given to attorneys in civil litigation are enforceable where documents are properly moved into jurisdiction. 		Criminal Law and Procedure Dec. 7, 2010
U.S. v. Farmer
Mandatory minimum sentence is properly imposed for prior charge of lewd and lascivious act on child, which equates to 'sexual abuse' under federal statute. 		Criminal Law and Procedure Dec. 6, 2010
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