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Name Category Published
People v. Little
First degree burglary conviction is appropriate when burglary occurred while realtor conducted open house on behalf of homeowners, who had left premises. 		Criminal Law and Procedure Jun. 17, 2012
Macy v. Superior Court (People)
Dismissal is not proper remedy for sexually violent predator proceedings when experts produce conflicting evaluations. 		Criminal Law and Procedure Jun. 17, 2012
People v. Aldana
Conviction for knowingly keeping false accounts is improper where timesheets may have been inaccurate, but were not materially false. 		Criminal Law and Procedure Jun. 14, 2012
U.S. v. Elkins
Requiring sex offender to register under Sex Offenders Registration and Notification Act does not violate Ex Post Facto Clause because registration requirement is not punitive. 		Criminal Law and Procedure Jun. 14, 2012
People v. Rangel
Search of text messages in defendant's cell phone occurs under valid warrant where phone likely contained items that were functional equivalent of those listed in warrant. 		Criminal Law and Procedure Jun. 14, 2012
People v. Solis
Defendant is properly sentenced to full consecutive terms for multiple counts of forcible rape because legal standard for finding that offenses were committed on 'separate occasions' is not unconstitutionally vague. 		Criminal Law and Procedure Jun. 13, 2012
U.S. v. Berry
Jury instruction on social security fraud, which merged definitions of 'knowingly' and 'willfully,' is harmless error where payee defendant had notice of responsibilities. 		Criminal Law and Procedure Jun. 12, 2012
Parker v. Matthews
Antiterrorism and Effective Death Penalty Act of 1996 proscribes using federal habeas review as vehicle to second-guess reasonable decisions of state courts. 		Criminal Law and Procedure Jun. 11, 2012
Evans v. Michigan
Does double jeopardy bar a retrial where case is dismissed based upon court's legal error of creating new element for charged offense? 		Criminal Law and Procedure Jun. 11, 2012
Leavitt v. Arave
Defendant's ineffective assistance of counsel claims fail where defendant could not show that trial counsel's conduct was both deficient and prejudicial. 		Criminal Law and Procedure Jun. 11, 2012
U.S. v. Grant
Good faith exception to officers' execution of warrant on defendant's home does not apply where officers' reliance on warrant was 'entirely unreasonable.' 		Criminal Law and Procedure Jun. 11, 2012
People v. Smith
Defendant gang member is correctly found guilty of second degree murder because aider and abettor liability is not limited to crimes committed by confederates. 		Criminal Law and Procedure Jun. 10, 2012
U.S. v. Jingles
Previous appellate court panel’s ruling on variance on direct appeal precludes review of petitioner’s constructive amendment claim. 		Criminal Law and Procedure Jun. 10, 2012
People v. Mehserle
Evidence is sufficient to support finding that defendant police officer committed involuntary manslaughter where he claimed he intended to use his taser but instead fired his handgun. 		Criminal Law and Procedure Jun. 10, 2012
Magness v. Superior Court (People)
Use of remote control to open garage door does not constitute ‘entry’ justifying charge of completed burglary because there was no physical intrusion into building. 		Criminal Law and Procedure Jun. 7, 2012
People v. Streeter
Record does not support inference of discriminatory purpose in prosecution's peremptory challenges of African-American jurors where prosecution previously accepted jury multiple times with African-American jurors seated. 		Criminal Law and Procedure Jun. 7, 2012
Thompson v. Lea
By granting review of state court's order, California Supreme Court reopens direct review for purpose of resetting statute of limitations for filing federal habeas petition. 		Criminal Law and Procedure Jun. 7, 2012
Barriga v. Superior Court (People)
Absent evidentiary showing of due diligence in discovering incriminating evidence, defendant is entitled to protection against second prosecution. 		Criminal Law and Procedure Jun. 7, 2012
People v. Lazlo
Previously suppressed evidence may be admitted later in probation violation hearing because exclusionary rule does not apply. 		Criminal Law and Procedure Jun. 6, 2012
Xiong v. Felker
Jury misconduct is harmless where consideration of extrinsic evidence is cumulative to evidence already presented in court. 		Criminal Law and Procedure Jun. 5, 2012
People v. Mason
Imposition of booking fee on person arrested by local agency without showing that arrestee was able to pay does not violate equal protection. 		Criminal Law and Procedure Jun. 5, 2012
People v. Mesa
Defendant gang member, who shot two victims, cannot be punished for participating in criminal street gang in addition to assault with firearm and possession of firearm by felon. 		Criminal Law and Procedure Jun. 4, 2012
People v. Villalobos
Imposition of restitution fine does not violate plea agreement although parties did not negotiate specific amount and court did not mention fine in plea colloquy. 		Criminal Law and Procedure Jun. 4, 2012
People v. Vargas
Multiple convictions arising from same conduct is factor to consider when determining whether to dimissis strike allegation, and not dispositive of motion. 		Criminal Law and Procedure Jun. 4, 2012
Burgos v. Superior Court (People)
Assigned prosecutor's multiple continuances of murder trial do not violate defendant's speedy trial rights where prosecutor was engaged in another trial. 		Criminal Law and Procedure May 31, 2012
People v. Mena
Defendant does not forfeit right to appeal denial of his request for physical identification lineup prior to preliminary hearing by failing to pursue writ relief. 		Criminal Law and Procedure May 31, 2012
Sharp v. Superior Court (People)
Penal Code Section 1054.3(b) authorizes compelled examination by prosecution-retained mental health expert where defendant pleads not guilty by reason of insanity. 		Criminal Law and Procedure May 31, 2012
People v. Souza
Trial court erroneously imposes restitution orders by applying law applicable at time capital defendant was sentenced, rather than law applicable at time of crimes. 		Criminal Law and Procedure May 31, 2012
U.S. v. Gomez-Hernandez
Sentencing enhancement is properly applied to defendant previously deported after conviction for crime of violence because Arizona's attempted aggravated assault offense requires specific intent. 		Criminal Law and Procedure May 31, 2012
U.S. v. Perea-Rey
Warrant is required for search of carport, which was within home’s curtilage and could be seen from sidewalk. 		Criminal Law and Procedure May 31, 2012
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