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Name Category Published
People v. Olsen
Trial court must determine frivolousness of petition for release under Sexually Violent Predator Act by asking whether attorneys would agree that it is meritless. 		Criminal Law and Procedure Sep. 15, 2014
U.S. v. Johnson
Unavailable witness’s statements to police regarding armed robbery and murder is admissible where defendant intentionally prevented witness from testifying. 		Criminal Law and Procedure Sep. 14, 2014
U.S. v. Dreyer
Exclusionary rule applies to exclude evidence of child pornography obtained in violation of regulations and policies proscribing direct military enforcement of civilian laws. 		Criminal Law and Procedure Sep. 14, 2014
People v. Anderson
Inmate is not entitled to ‘Wende’ review of trial court’s denial of his petition for recall and resentencing under Three Strikes Reform Act. 		Criminal Law and Procedure Sep. 14, 2014
Schinkel v. Superior Court (People)
Defendant sentenced under Three Strikes law for solicitation of murder is ineligible for resentencing relief because crime involved intent to cause great bodily injury. 		Criminal Law and Procedure Sep. 14, 2014
People v. Venegas
Trial court’s erroneous belief that it lacked authority to strike offender’s gang allegation causes reversal of convictions related to drive-by shooting. 		Criminal Law and Procedure Sep. 11, 2014
People v. Johnson
Gang member cannot be convicted of gang participation offense when criminal conduct was not committed by at least one other gang member. 		Criminal Law and Procedure Sep. 11, 2014
People v. Canizales
Trial court correctly instructs jury on ‘kill zone’ theory of attempted murder, in case where two gang members fired shots into a group of rival gang members. 		Criminal Law and Procedure Sep. 10, 2014
People v. Christman
In calculating residence restrictions for sexually violent predators, distance between residence and school must be measured with straight line, regardless of physical barriers. 		Criminal Law and Procedure Sep. 10, 2014
McMonagle v. Meyer
Californian misdemeanant does not violate statute of limitations for filing federal habeas petition, when filed after California Supreme Court denied state habeas petition. 		Criminal Law and Procedure Sep. 10, 2014
Rudin v. Myles
Nevada woman convicted of murdering her husband is not entitled to tolling of limitations period to excuse six-year delay in applying for habeas corpus. 		Criminal Law and Procedure Sep. 10, 2014
People v. Christensen
Child victim may be found ‘unavailable’ as witness based on expert testimony that it would be relatively impossible to testify without suffering substantial trauma. 		Criminal Law and Procedure Sep. 10, 2014
People v. Alvarez
Robbery charges are properly dismissed based on failure of police and prosecution to preserve potentially useful evidence from police cameras near crime scene. 		Criminal Law and Procedure Sep. 10, 2014
Castellanos v. Small
Habeas petitioner is entitled to relief due to prosecutor’s use of strikes to mainly exclude Hispanic potential jurors, as well as pretextual explanation. 		Criminal Law and Procedure Sep. 9, 2014
U.S. v. Rodriguez
District court properly excludes evidence of prison’s medical negligence at trial of men, who fatally stabbed another inmate, because such negligence was foreseeable. 		Criminal Law and Procedure Sep. 8, 2014
People v. Doolittle
Statute of limitations possibly bars certain fraud charges against businessman because victim was placed on notice after he stopped receiving payments on his investment. 		Criminal Law and Procedure Sep. 8, 2014
People v. Youn
Driver’s warrantless blood draw does not justify exclusion of evidence showing presence of drugs because officer acted reasonably under prevailing case law. 		Criminal Law and Procedure Sep. 7, 2014
U.S. v. Reyes
District court's improper exclusion of criminal defendant from a side bar exchange regarding a prospective juror does not warrant reversal of conviction. 		Criminal Law and Procedure Sep. 4, 2014
U.S. v. Tomsha-Miguel
Tax services provider impersonates U.S. officer or employee by preparing fake letter with congressman’s formal letterhead and signing it in fictional aide’s name. 		Criminal Law and Procedure Sep. 4, 2014
U.S. v. Hardrick
District court properly admits uncharged video evidence showing that defendant possessed child pornography to prove he did not download videos accidentally. 		Criminal Law and Procedure Sep. 4, 2014
People v. Atkins
Inmate may seek resentencing, despite conviction for making criminal threats, because sole indeterminate life term he was actually serving was for stalking. 		Criminal Law and Procedure Sep. 4, 2014
People v. Guilford
Trial court may rely on appellate court’s opinion regarding defendant’s convictions in finding him ineligible for resentencing under Three Strikes Reform Act. 		Criminal Law and Procedure Sep. 3, 2014
People v. Macabeo
Despite U.S. Supreme Court holding that warrant is needed to search cell phone incident to arrest, trial court properly allows evidence due to officers’ good faith. 		Criminal Law and Procedure Sep. 3, 2014
People v. Garcia
Prosecutor violates due process by raising defendant’s sexual orientation in closing arguments to suggest motive for sexually abusing child of same sex. 		Criminal Law and Procedure Sep. 1, 2014
People v. Gray
Sexually Violent Predators Act does not violate equal protection rights of sexually violent predators who are subject to different treatment than mentally disordered offenders. 		Criminal Law and Procedure Aug. 28, 2014
People v. Kent
Counsel should continue to identify possible appellate issues, even if ‘arguable-but-unmeritorious,’ to aid appellate courts in ‘Wende’ review. 		Criminal Law and Procedure Aug. 28, 2014
People v. Chandler
Defendant commits attempted criminal threat where his threat to kill female neighbors was sufficient to cause them to be in sustained fear. 		Criminal Law and Procedure Aug. 28, 2014
U.S. v. Nora
Court must suppress evidence obtained in case where police effectively arrested person inside his home without arrest warrant and absent exigent circumstances. 		Criminal Law and Procedure Aug. 28, 2014
U.S. v. Luis
Bank is entitled to restitution based on how much bank paid for fraudulent loan, rather than principal balance due. 		Criminal Law and Procedure Aug. 28, 2014
Wharton v. Chappell
Failure to present penalty phase testimony of death penalty petitioner’s brother about sexual abuse may establish prejudice if counsel’s investigation was deficient. 		Criminal Law and Procedure Aug. 27, 2014
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