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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
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 Nov. 15, 2010
U.S. v. Todd
Sex trafficking convictions require that defendant knew of established modus operandi that would cause victims to engage in future prostitution. 		Criminal Law and Procedure Nov. 15, 2010
People v. Eastburn
Conviction for forgery from elder adult is proper whether victim is identified as individual or fictitious name under which victim does business. 		Criminal Law and Procedure Nov. 15, 2010
People v. Sanchez
'Marsden' hearing is appropriate where defendant implies desire to withdraw plea on ineffective assistance of counsel basis. 		Criminal Law and Procedure Nov. 14, 2010
People v. Jackson
Evidence of defendant's refusal to take preliminary alcohol screening test should not be admitted to show consciousness of guilt. 		Criminal Law and Procedure Nov. 14, 2010
People v. Ramirez
Court’s failure to instruct jury on voluntary manslaughter offense is prejudicial error where prosecution presents weak testimonial evidence against defendant on murder charge. 		Criminal Law and Procedure Nov. 14, 2010
People v. Cortez
Court properly imposes $30 ‘court facilities’ fee on defendant’s convictions for sex offenses under Government Code Section 70373. 		Criminal Law and Procedure Nov. 11, 2010
People v. Rasmussen
Jury instruction is correct where prosecution relies on theory of general intent crime, regardless of whether offense can be committed under alternate theory. 		Criminal Law and Procedure Nov. 10, 2010
U.S. v. Grob
District court commits procedural error in incorrectly calculating defendant’s sentence based on prior offense that was irrelevant to current offense. 		Criminal Law and Procedure Nov. 10, 2010
U.S. v. Diaz-Lopez
'Best evidence rule' is inapplicable to agent’s testimony regarding database search to show defendant had not filed proper immigration form. 		Criminal Law and Procedure Nov. 9, 2010
In re Macias
Board of Parole Hearings’ reliance on ‘lack of insight’ to deny parole must be based on factually identifiable deficiency, not speculation of facts. 		Criminal Law and Procedure Nov. 9, 2010
Wilson v. Corcoran
Federal courts may not issue habeas writ to state prisoner whose custody is not shown to be in violation of federal laws. 		Criminal Law and Procedure Nov. 8, 2010
People v. Lexington National Insurance Co.
Forfeiture of bond is proper where prosecutor is unable to extradite defendant from country without extradition treaty. 		Criminal Law and Procedure Nov. 8, 2010
U.S. v. Schafer
District court may not make factual findings if evidence of motion to dismiss is not entirely separable from issue of defendant’s guilt. 		Criminal Law and Procedure Nov. 8, 2010
People v. Smith
Jury instruction on rape of intoxicated woman charge properly states victim was prevented from resisting where unable to exercise ‘reasonable judgment.’ 		Criminal Law and Procedure Nov. 8, 2010
In re Hare
Decision to deny parole is not arbitrary where supported by defendant’s inclination to hide truth and probative nature of his crime and motive. 		Criminal Law and Procedure Nov. 8, 2010
People v. Nordberg
Error in jury instruction for fleeing scene of vehicular manslaughter enhancement is harmless where evidence revealed defendant had requisite knowledge of possible injury. 		Criminal Law and Procedure Nov. 8, 2010
People v. Gabriel
Probation condition requiring defendant not to associate with ‘suspected’ gang members fails to provide adequate notice of expectations, and is unconstitutionally vague. 		Criminal Law and Procedure Nov. 7, 2010
People v. Seneca Insurance Co.
Bail bond is not exonerated where government has not completed extradition of defendant before end of bond exoneration period. 		Criminal Law and Procedure Nov. 7, 2010
People v. Johnson
Statements made in 911 call describing ongoing emergency are nontestimonial and do not violate defendant’s right to confront witnesses. 		Criminal Law and Procedure Nov. 7, 2010
People v. Hajjaj
Remoteness of open courtroom, which only became available late on last permissible day to commence defendant’s trial, does not constitute good cause for delay. 		Criminal Law and Procedure Nov. 4, 2010
U.S. v. Hantzis
Defendant’s waiver of his right to counsel is valid where he is informed of dangers in self-representation and actively participates in his defense. 		Criminal Law and Procedure Nov. 4, 2010
U.S. v. Wright
Defendant’s conviction for interstate transport of child pornography is error where, at time of defendant’s conviction, law required files actually cross state lines. 		Criminal Law and Procedure Nov. 4, 2010
People v. Miramontes
Trial court did not abuse its discretion in admitting testimony of prior uncharged lewd acts upon children to show defendant’s propensity. 		Criminal Law and Procedure Nov. 4, 2010
U.S. v. Lazarenko
Co-conspirator, who was partly victimized, is not entitled to restitution where he willingly participated in, and profited from, criminal enterprise. 		Criminal Law and Procedure Nov. 3, 2010
Jackson v. Superior Court (People)
Superior court has power to reconsider and vacate order granting habeas relief on motion to reconsider filed within 60-day time period for appeal. 		Criminal Law and Procedure Nov. 3, 2010
Crittenden v. Ayers
Defendant is not required to prove peremptory strike would have been issued if race had played no role when challenging juror’s dismissal. 		Criminal Law and Procedure Nov. 2, 2010
U.S. v. George
Failure to register as sex offender does not violate ex post facto clause because federal statute was enacted before date of conviction. 		Criminal Law and Procedure Nov. 2, 2010
In re McDonald
Governor may not condition petitioner’s parole on admission of guilt, absent any additional indication of current dangerousness. 		Criminal Law and Procedure Nov. 2, 2010
People v. Baldwin
Trial court errs by excluding hearsay evidence of defendant's inconsistent statements on ground that defendant was required to testify. 		Criminal Law and Procedure Nov. 2, 2010
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