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Name Category Published
Juror Number One v. Superior Court (Royster)
Juror's Facebook postings, which were made during trial, are not protected by Stored Communications Act and must be produced for court's misconduct inquiry. 		Criminal Law and Procedure May 31, 2012
Lewis v. Ayers
Competency determination in capital habeas proceeding is not appealable collateral order because question of competency remains open throughout habeas proceeding. 		Criminal Law and Procedure May 30, 2012
U.S. v Leal-Vega
Federal 16-level sentencing enhancement for unlawful reentry applies to drug conviction based on record of conviction only, not state statute. 		Criminal Law and Procedure May 30, 2012
Flournoy v. Small
California court's decision to admit testimony of forensic analyst, which was based on reports of other crime lab employees, does not violate Confrontation Clause. 		Criminal Law and Procedure May 30, 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 May 30, 2012
Phillips v. Ornoski
Prosecution's effort to conceal plea deal with witness violates defendant's due process rights where testimony was material to special circumstances finding. 		Criminal Law and Procedure May 29, 2012
Coleman v. Johnson
Federal court may not overturn state court decision, which rejected petitioner's sufficiency of evidence challenge, unless state court’s decision was ‘objectively unreasonable.’ 		Criminal Law and Procedure May 29, 2012
Ordonez v. U.S.
Sovereign immunity bars money damages award against government on motion seeking return of seized property, even if property cannot be returned. 		Criminal Law and Procedure May 29, 2012
U.S. v. Johnson
Government need not prove that false statements related to lawfulness of underlying sale to sustain conviction for making false statement about information required to be kept by federally licensed firearms dealer. 		Criminal Law and Procedure May 29, 2012
U.S. v. Harris
Unexplained absence of original judge and subsequent sentencing by visiting judge, who was not sufficiently familiar with record, violates Federal Rule of Criminal Procedure 25(b). 		Criminal Law and Procedure May 28, 2012
Rezek v. Superior Court (People)
Statements of witnesses to crime are not immune from discovery when they were obtained due to internal affairs investigation and placed in officer’s personnel file. 		Criminal Law and Procedure May 28, 2012
Blueford v. Arkansas
Double jeopardy does not bar defendant from being retried on capital murder where jury foreperson reported that jury was unanimous against murder charges before deliberations concluded. 		Criminal Law and Procedure May 24, 2012
Nitschke v. Belleque
Where state court ruling merely categorizes federal claim without reaching merits, decision is independent and adequate state ground precluding federal habeas review. 		Criminal Law and Procedure May 24, 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 May 24, 2012
People v. Le
Trial court properly admits testimony regarding uncharged shootings, which described two prior incidents of gang members shooting at other gang members. 		Criminal Law and Procedure May 24, 2012
People v. Gabriel
Prior felony convictions for possession of assault weapon and cultivation of marijuana involve moral turpitude and are admissible to impeach defendant's credibility. 		Criminal Law and Procedure May 24, 2012
Stanley v. Superior Court (People)
Trial court reasonably believes that defendant consented to mistrial where jury was dismissed due to inability of multiple jurors to serve. 		Criminal Law and Procedure May 23, 2012
U.S. v. Romo-Chavez
Defendant’s admissions to police officers are not inadmissible under hearsay rule where translator who facilitated questioning would not qualify as court interpreter. 		Criminal Law and Procedure May 23, 2012
People v. Singh
Defendant does not have constitutional right to be personally present during jury deliberations when jury conducts experiment by reenacting situation. 		Criminal Law and Procedure May 23, 2012
U.S. v. Milanovic
In proving breach of fiduciary duty as element of honest services mail fraud, trust relationship where one party acts for another's benefit and induces party to relax vigilance is sufficient. 		Criminal Law and Procedure May 22, 2012
U.S. v. Carpenter
Defendant fails to make timely and unequivocal request for self-representation where request was not made until after prosecution rested and defendant did not make request himself. 		Criminal Law and Procedure May 22, 2012
People v. Lueth
Failure to give unanimity instruction on charge of inflicting corporal injury on cohabitant is harmless when defendant's acts were so closely connected in time as to form part of one transaction. 		Criminal Law and Procedure May 22, 2012
In re Hunter
Denial of parole is not supported by 'some evidence' where record contained no evidence that inmate's description of his crime was untruthful. 		Criminal Law and Procedure May 20, 2012
People v. Fulton
Warantless seizure of DNA evidence from defendant’s genitalia violates Fourth Amendment rights absent showing of exigent circumstances justifying immediate seizure. 		Criminal Law and Procedure May 20, 2012
Rodgers v. Marshall
Denial of request for reappointment of counsel during post-trial proceedings based on defendant's choice to represent himself at trial violates Sixth Amendment right to counsel. 		Criminal Law and Procedure May 17, 2012
U.S. v. Cervantes
Community caretaking exception to warrant requirement does not apply where vehicle impoundment and inventory search constituted pretext to look for narcotics. 		Criminal Law and Procedure May 16, 2012
People v. Breslin
Defendant fails to show good cause to support motion to withdraw guilty plea where victim’s recantation occurred after she entered her guilty plea. 		Criminal Law and Procedure May 16, 2012
People v. Shokur
Nonstatutory motion to set aside conviction based on alleged ineffectiveness of counsel for failing to explain immigration consequences of plea does not provide remedy. 		Criminal Law and Procedure May 16, 2012
Bracher v. Superior Court (People)
Application of local rule requiring that misdemeanor defendants appear at mandatory settlement conferences is invalid because it is inconsistent with statutory scheme. 		Criminal Law and Procedure May 16, 2012
Lopez v. Ryan
District court properly denies Federal Rule of Civil Procedure 60(b) motion seeking relief under ‘Martinez’ because defendant failed to show that defaulted claim was substantial. 		Criminal Law and Procedure May 15, 2012
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