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Name Category Published
Doe v. Ayers
Counsel’s failure to present compelling mitigating evidence, including defendant’s prison rape, warrants reversal of capital punishment. 		Criminal Law and Procedure Mar. 31, 2015
U.S. v. Fries
Prosecution of man’s use of chlorine bombs, requiring evacuation of entire neighborhood, is within federal government’s prosecutorial authority. 		Criminal Law and Procedure Mar. 30, 2015
U.S. V. Jiminez-Arzate
California conviction under Penal Code Section 245(a)(1) constitutes crime of violence for federal sentencing purposes. 		Criminal Law and Procedure Mar. 30, 2015
United States v. Shaw
Government not required to prove bank was intended financial victim to support bank fraud charge under 18 U.S.C. Section 1344(1). 		Criminal Law and Procedure Mar. 29, 2015
U.S. v. Moe
Meth buyer fails to overturn conspiracy conviction where her year-long dealings with supplier showed more than casual, occasional buyer-seller transaction. 		Criminal Law and Procedure Mar. 29, 2015
Medina v. Chappell
Order 		Criminal Law and Procedure Mar. 26, 2015
United States v. Hymas
Relating to sentencing for mortgage fraud, clear and convincing standard applies when determining losses on counts for which defendant was not convicted. 		Criminal Law and Procedure Mar. 25, 2015
U.S. V. Haischer
Abused ex-girlfriend escapes fraud conviction due to evidentiary errors that prevented her from presenting complete defense. 		Criminal Law and Procedure Mar. 25, 2015
People v. Velasco-Palacios
Prosecuting attorney’s fabrication of interrogation testimony is egregious misconduct that prejudices defendant’s right to counsel; merits dismissal of charges. 		Criminal Law and Procedure Mar. 24, 2015
United States v. Marcia-Acosta
Court errs in including sentencing enhancement under modified categorical approach when it focused on the facts rather than the elements pled to. 		Criminal Law and Procedure Mar. 23, 2015
Lisker v. Monsue
Absolute witness immunity does not protect officers’ falsification of crime-scene reconstruction evidence that resulted in plaintiff’s 26 years of wrongful imprisonment. 		Criminal Law and Procedure Mar. 22, 2015
Daire v. Lattimore
Career criminal is not entitled to habeas relief despite counsel’s failure to present evidence of serious bipolar disorder at state court sentencing. 		Criminal Law and Procedure Mar. 19, 2015
U.S. v. Zaragoza-Moreira
Due process violated when border agent knowingly allows exculpatory video evidence to be destroyed. 		Criminal Law and Procedure Mar. 18, 2015
People v. Jordan
Error from failure to instruct jury on ‘the escape rule’ in the context of felony-murder charge was harmless beyond a reasonable doubt. 		Criminal Law and Procedure Mar. 16, 2015
People v. Velasco
It is not sufficient under Cal. Penal Code Section 186.22(a) that defendant acts with a member of another gang when committing street terrorism; defendant must act with member of his own gang. 		Criminal Law and Procedure Mar. 15, 2015
People v. Johnson
Expert testimony of defendant’s paraphilic coercive disorder, along with other evidence, enough to substantiate jury determining him a sexually-violent predator. 		Criminal Law and Procedure Mar. 15, 2015
People v. Anderson
Claim-of-right defense is not available to robber who forcibly retrieved food stamp card that did not even belong to him. 		Criminal Law and Procedure Mar. 15, 2015
People v. Smith
Prop 36 amendments to Penal Code §§ 667 and 1170 not retroactive; Section 1170.126 applies to prisoner seeking resentencing. 		Criminal Law and Procedure Mar. 11, 2015
People v. Anderson
Absent showing of prejudice, defense counsel’s inactive status does not result in ineffective assistance of counsel. 		Criminal Law and Procedure Mar. 10, 2015
People v. Johnson
Upskirt voyeur escapes several counts related to surreptitious recording of women in public. 		Criminal Law and Procedure Mar. 10, 2015
People v. Rivera
Aider and abettor may not be found guilty of premeditated first-degree murder on natural and probable consequences doctrine. 		Criminal Law and Procedure Mar. 9, 2015
People v. Pierce
Availability of restitution for incidental victims not waived by prosecution’s delay in seeking such award. 		Criminal Law and Procedure Mar. 8, 2015
People v. Singh
Claim of erroneous overruling of defense’s peremptory challenges and threat of sanction not sufficient to demonstrate necessary prejudice to challenge grant of prosecution’s motion against defense’s peremptory challenges 		Criminal Law and Procedure Mar. 8, 2015
People v. Loper
Prisoner may appeal trial court’s denial of compassionate release even if he could not have instituted proceedings himself. 		Criminal Law and Procedure Mar. 5, 2015
Yousefian v. City of Glendale
Summary judgment for police and city in 42 U.S.C. § 1983 action affirmed because probable cause to arrest and prosecute exists despite self-defense claim and sexual relationship between officer and defendant’s wife. 		Criminal Law and Procedure Mar. 5, 2015
People v. Andrews
Instruction on Mayberry defense necessary where sexual battery defendant shows substantial evidence of mistake as to consent. 		Criminal Law and Procedure Mar. 4, 2015
People v. Tittle
Under Three Strikes Law, trial courts may impose recidivism enhancement for each of offender’s current qualifying offenses. 		Criminal Law and Procedure Mar. 3, 2015
U.S. v. Mendez-Sosa
Under federal law, enhancement proper when prior offense received criminal points and was a 'crime of violence.' 		Criminal Law and Procedure Mar. 2, 2015
People v. Mosley
Residency restrictions of Jessica’s Law are non-punitive, regulatory device; thus, trial judge may impose them without raising <EM>Apprendi</EM> concerns. 		Criminal Law and Procedure Mar. 2, 2015
In re Taylor
Proposition 83 residency restrictions upon sex offender parolees unconstitutional, but parole officials retain authority to impose such restrictions if individualized. 		Criminal Law and Procedure Mar. 2, 2015
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