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People v. Davis
Convictions for sale and possession of MDMA, or ecstasy, may not be based solely on inference that chemical name proves it is a controlled substance. 		Criminal Law and Procedure Jul. 26, 2013
People v. Rogers
Drifter from Ohio, who murdered women he met at bars in California, Florida, and Louisiana, receives death penalty for California murder. 		Criminal Law and Procedure Jul. 26, 2013
U.S. v. Ahmadzai
Term of supervised release must be automatically tolled during period of state custody without any court intervention. 		Criminal Law and Procedure Jul. 26, 2013
U.S. v. Flores-Cordero
Prior Arizona conviction for resisting arrest does not necessarily warrant sentence enhancement because it is not categorically a ‘crime of violence.’ 		Criminal Law and Procedure Jul. 26, 2013
People v. McPheeters
Ex-boyfriend's stalking conviction is proper where his entire course of conduct toward his ex-girlfriend implied a credible threat to her. 		Criminal Law and Procedure Jul. 25, 2013
People v. Culbert
Conviction for making criminal threat is upheld where defendant pulled unloaded firearm’s trigger while holding it to child’s head. 		Criminal Law and Procedure Jul. 25, 2013
U.S. v. Jinian
CEO who defrauded employer for $1.5 million is guilty of wire fraud by use of communications between two California banks and Federal Reserve Bank in Dallas. 		Criminal Law and Procedure Jul. 24, 2013
People v. Cottone
Jury instructions on whether defendant appreciated wrongfulness of conduct are not necessary when prosecution introduces evidence that defendant committed sexual abuse as child. 		Criminal Law and Procedure Jul. 23, 2013
U.S. v. Clement
Mandatory minimums in Fair Sentencing Act of 2010 do not apply to 18 U.S.C. Section 3582(c)(2) proceedings to defendants sentenced before Act was enacted. 		Criminal Law and Procedure Jul. 23, 2013
People v. Mestas
Molestation victim’s sexual history is properly excluded because conduct was not sufficiently similar to conduct charged against defendant. 		Criminal Law and Procedure Jul. 23, 2013
U.S. v. Garcia
Defendant’s conviction for involuntary manslaughter is overturned where jury instructions did not require finding of gross negligence, an essential element of involuntary manslaughter. 		Criminal Law and Procedure Jul. 22, 2013
People v. Davis
Defendant’s conviction for killing his mother is upheld even though court failed to instruct jury sua sponte that jailhouse informant’s testimony must be corroborated. 		Criminal Law and Procedure Jul. 22, 2013
People v. Johnson
Defendants may be separately charged with conspiracy to actively participate in criminal street gang, once conspirator has committed overt act. 		Criminal Law and Procedure Jul. 19, 2013
People v. Smith
Court does not need to instruct jury on lesser offense related to resisting executive officer where lesser offense was not necessarily included in greater offense. 		Criminal Law and Procedure Jul. 19, 2013
U.S. v. Aguilar-Reyes
Defendant may not be resentenced, despite being sentenced incorrectly, because he had been deported and was not present for sentencing. 		Criminal Law and Procedure Jul. 19, 2013
U.S. v. Teague
Defendant’s convictions for receipt and possession of child pornography does not violate Double Jeopardy Clause because convictions were based on separate conduct. 		Criminal Law and Procedure Jul. 19, 2013
People v. Pirali
Probation condition restricting Internet access is constitutional because defendant was convicted for possessing child pornography and could access Internet with approval. 		Criminal Law and Procedure Jul. 18, 2013
Fortner v. Superior Court (People)
California trial court does not have territorial jurisdiction over domestic violence offenses committed in Hawaii because no part of offenses occurred in California. 		Criminal Law and Procedure Jul. 18, 2013
People v. Ford
Trial court may order defendant to pay additional restitution, despite the ending of his probation term, because restitution amount had not yet been determined. 		Criminal Law and Procedure Jul. 18, 2013
Aleman v. Uribe
Prosecutor's removal of Hispanic woman during jury selection because he mistakenly believed she said she was 'prissy' does not constitute purposeful discrimination. 		Criminal Law and Procedure Jul. 17, 2013
U.S. v. Perez-Valencia
Challenge to disputed wiretap is left undecided because record was insufficient to determine precise nature of assistant district attorney’s authority in applying for wiretap. 		Criminal Law and Procedure Jul. 17, 2013
U.S. v. Botello-Rosales
Defendant’s conviction is vacated because detective’s use of Spanish word ‘free’ in administering Spanish-language Miranda warning failed to reasonably convey Miranda rights. 		Criminal Law and Procedure Jul. 16, 2013
U.S. v. Morgan
Border patrol agent's re-reading of ‘Miranda’ warnings in standard I-214 Form does not constitute unconstitutional re-initiation of interrogation. 		Criminal Law and Procedure Jul. 15, 2013
U.S. v. Green
Movie industry veterans who ran international film festival must pay $250,000 in restitution for making $1.8 million in illicit payments to foreign governor. 		Criminal Law and Procedure Jul. 12, 2013
People v. Barclay
Defendant’s prior juvenile adjudication for felony vehicular manslaughter elevated his current driving under influence of alcohol offenses to felonies. 		Criminal Law and Procedure Jul. 12, 2013
People v. Weber
Defendant is competent to waive right to counsel where he knowingly understands proceedings, despite attempts to thwart proceedings with outrageous actions. 		Criminal Law and Procedure Jul. 11, 2013
McCullough v. Graber
Bureau of Prisons is not required to use prisoner’s good time credits in determining eligibility for home detention under Second Chance Act's elderly offender pilot program. 		Criminal Law and Procedure Jul. 11, 2013
People v. DeHoyos
Defendant’s conviction for killing and raping of nine-year-old victim is affirmed despite admission of expert testimony regarding defendant’s understanding of right and wrong. 		Criminal Law and Procedure Jul. 9, 2013
People v. Mata
Trial court may reseat juror, who was discharged improperly by prosecutor through peremptory challenge, because defendant assented to reseating by not objecting. 		Criminal Law and Procedure Jul. 9, 2013
U.S. v. White Eagle
Superintendent who oversaw loan modifications cannot be convicted of conspiracy where she did not participate or directly benefit from fraudulent loan scheme. 		Criminal Law and Procedure Jul. 8, 2013
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