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Name Category Published
U.S. v Williams
Extortion and mailbox-bombing charges should not be grouped for sentencing purposes when charges involved distinct victims. 		Criminal Law and Procedure Sep. 10, 2012
People v. Robertson
Evidence is sufficient to support conviction for aggravated kidnapping for purpose of committing rape where defendant moved victim from back of garage to front. 		Criminal Law and Procedure Sep. 10, 2012
Spaccia v. Superior Court (People)
Entire district attorney's office cannot be recused from case where alleged conflict was speculative and did not show actual unfairness. 		Criminal Law and Procedure Sep. 7, 2012
Swarthout v. Superior Court (Culver City Police Dept.)
Trial court lacks authority to issue transfer order for inmate in state prison where there is no statutory basis for transfer. 		Criminal Law and Procedure Sep. 6, 2012
People v. Mendez
Defendant cannot appeal court's denial of his motion to reduce restitution fine when the reason for the denial was a lack of jurisdiction. 		Criminal Law and Procedure Sep. 6, 2012
People v. Lopez
Sentence of seven years for conviction for attempting to dissuade witness for benefit of gang is improper because defendant did not threaten force. 		Criminal Law and Procedure Sep. 5, 2012
U.S. v. Guerrero
Appellate court may not review lower court's order, which denied sealed competency hearing, because matter can be reviewed later after trial. 		Criminal Law and Procedure Sep. 4, 2012
In re Coley
25-year-to-life sentence under Three Strikes law is not cruel and unusual for defendant who intentionally refused to comply with sex offender registration obligations. 		Criminal Law and Procedure Aug. 31, 2012
In re Reno
Defendant engages in abusive writ practice by filing second habeas petition that is untimely, 521 pages long, and has 143 claims. 		Criminal Law and Procedure Aug. 31, 2012
U.S. v. Vasquez-Cruz
Appellate court must decline to review whether district court improperly failed to depart from guidelines range when sentencing defendant. 		Criminal Law and Procedure Aug. 31, 2012
Fenenbock v. Director of Corrections for California
Defendant is not entitled to pre-trial access to minor witness where there was no evidence of prosecutorial interference with witness' decision to refuse access. 		Criminal Law and Procedure Aug. 31, 2012
People v. McCoy
Court properly finds two entries into home by defendant for sentencing purposes where jury did not make express finding as to number of entries. 		Criminal Law and Procedure Aug. 30, 2012
Ayala v. Wong
Court improperly excludes defense counsel from hearing on whether prosecution was systematically excluding nonwhite jurors from trial. 		Criminal Law and Procedure Aug. 30, 2012
People v. Ortiz
Substantial evidence supports conviction for kidnapping during carjacking when defendants quickly entered vehicle and forced victims to stay inside. 		Criminal Law and Procedure Aug. 30, 2012
People v. Schaefer
Trial court may not consider whether defendant’s death abated victim restitution order because appellate court’s prior order abated all proceedings. 		Criminal Law and Procedure Aug. 30, 2012
Stancle v. Clay
'Gap' tolling of one-year statute of limitations does not occur between successive lower court habeas petitions where inmate asserted new claims in second petition. 		Criminal Law and Procedure Aug. 29, 2012
Gentry v. Sinclair
District court improperly concludes that habeas corpus petition was procedurally defaulted because petitioner sufficiently exhausted claim in personal restraint petition. 		Criminal Law and Procedure Aug. 29, 2012
U.S. v. Perelman
First Amendment overbreadth challenge to statute prohibiting unauthorized wearing of military medals fails because statute requires intent to deceive. 		Criminal Law and Procedure Aug. 29, 2012
People v. Mitchell
Statute prohibiting concealed carrying of dirk or dagger does not violate constitutional right under Second Amendment to bear arms for self-defense. 		Criminal Law and Procedure Aug. 29, 2012
People v. Atencio
Defendant may only be sentenced for firearm theft, and not firearm possession, because both acts were pursuant to only one criminal objective. 		Criminal Law and Procedure Aug. 29, 2012
People v. Aranda
Trial court's failure to explain that defendant could not be convicted unless prosecution proved elements of crime beyond reasonable doubt is harmless error. 		Criminal Law and Procedure Aug. 28, 2012
In re Bacigalupo
Petitioner is entitled to relief from judgment of death where prosecution withheld favorable and material information from confidential informant. 		Criminal Law and Procedure Aug. 28, 2012
Miles v. Ryan
Counsel acts competently when she omitted addiction evidence at defendant's sentencing hearing, given that omission was based on strategy. 		Criminal Law and Procedure Aug. 28, 2012
U.S. v. Pineda-Doval
Evidence that defendant drove around spike strip, resulting in vehicle overturning and killing 10 illegal aliens, is not sufficient to show 'malice aforethought.' 		Criminal Law and Procedure Aug. 28, 2012
U.S. v. Bailey
SEC's civil complaint alone may not be admitted as 'other acts evidence' to show defendant's intent where no other evidence substantiated complaint. 		Criminal Law and Procedure Aug. 28, 2012
People v. Anderson
Defendant's statement does not constitute adoptive admission where it was made days after victim's accusation and contained denial of accusation. 		Criminal Law and Procedure Aug. 27, 2012
People v. Sorrels
Court’s statement of case to prospective jurors is not misconduct given that judge properly directed jury on how to consider comments. 		Criminal Law and Procedure Aug. 27, 2012
Frost v. Boening
Trial court’s restriction on defense counsel's closing argument does not constitute structural error that would warrant automatic reversal. 		Criminal Law and Procedure Aug. 23, 2012
People v. Cuellar
Although pattern instruction for continuous sexual abuse of child was problematic, any deficiencies are harmless given overwhelming evidence of defendant’s guilt. 		Criminal Law and Procedure Aug. 23, 2012
People v. Lopez
Sentence of seven years for conviction for attempting to dissuade witness for benefit of gang is improper because defendant did not threaten force. 		Criminal Law and Procedure Aug. 23, 2012
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