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Lopez v. Brewer
Mere presence of pain brought on by execution method does not establish substantial risk of serious harm to qualify as cruel and unusual punishment. 		Criminal Law and Procedure May 15, 2012
People v. Kendrid
District attorney is not precluded from seeking petition to extend defendant's civil commitment where medical director recommended against extension. 		Criminal Law and Procedure May 15, 2012
Sexton v. Cozner
Procedural default will not bar federal habeas court from hearing ineffective assistance of trial counsel claim if claim is substantial. 		Criminal Law and Procedure May 14, 2012
U.S. v. Hieng
District court reasonably presumes that defendant's failure to object to admission of statements made during proffer meeting amounted to previous waiver of rights. 		Criminal Law and Procedure May 13, 2012
People v. Chavez
Conspiracy to commit burglary conviction is unsupported where co-conspirators had no agreement to enter building, but only to steal gasoline within fenced yard. 		Criminal Law and Procedure May 13, 2012
Thomas v. Chappell
Capital defendant is prejudiced by his attorney’s ineffectiveness in failing to investigate and locate witnesses to corroborate testimony of defense's only witness. 		Criminal Law and Procedure May 10, 2012
U.S. v. Zhou
Misdemeanor for obtaining health information in violation of Health Insurance Portability and Accountability Act of 1996 is not limited to defendants who knew that their actions were illegal. 		Criminal Law and Procedure May 10, 2012
U.S. v. Vallee
Summons on petition to revoke supervised release is valid to extend jurisdiction when it is signed and issued by clerk at direction of judge. 		Criminal Law and Procedure May 10, 2012
People v. Wade
Conviction for grand theft should be reduced to petty theft because Legislature intended for amendment redefining grand theft to be applied retroactively. 		Criminal Law and Procedure May 9, 2012
Ward v. Chavez
Restitution order for 'immediate' payment without considering financial resources is unlawful because court implicitly delegated obligation to schedule payments to Bureau of Prisons. 		Criminal Law and Procedure May 8, 2012
People v. Jones
Prior sexual offense is admissible to show predisposition to commit present offense where both assaults were accomplished within short time period after gaining access to victim. 		Criminal Law and Procedure May 7, 2012
People v. Dunn
Motion for mistrial based on expert witness’s unexpected unavailability is correctly denied because defendant’s chances of receiving fair trial were not irreparably damaged. 		Criminal Law and Procedure May 7, 2012
People v. Olague
Amendment to Penal Code, which increased conduct credit for presentence confinement with respect to persons convicted of serious or violent felonies, does not violate equal protection. 		Criminal Law and Procedure May 7, 2012
Nedds v. Calderon
Federal habeas petitioner, who decides when to file petition in accord with Ninth Circuit precedent that is later overturned by Supreme Court, is entitled to equitable tolling. 		Criminal Law and Procedure May 6, 2012
U.S. v. Ressam
Millennium Bomber’s 22-year sentence is unreasonable where it represented great departure from guidelines and was based on sentencing court’s overvaluation of cooperation. 		Criminal Law and Procedure May 6, 2012
Crosby v. Schwartz
Defendant’s sentence of 26 years to life under Three Strikes Law for failure to comply with sex registration requirements is not cruel and unusual punishment. 		Criminal Law and Procedure May 6, 2012
People v. Thomas
Venue is proper in county where defendant lived and sold drugs even though drugs and firearm were stored in storage locker in neighboring county. 		Criminal Law and Procedure May 3, 2012
Detrich v. Ryan
State court's determination that defendant's counsel performed competently is objectively unreasonable where counsel did not investigate mitigating circumstances in defendant's background. 		Criminal Law and Procedure May 2, 2012
People v. Torres
Police officers do not have exigent circumstance justifying warrantless entry into hotel room where only evidence of marijuana possession was ‘strong smell’ in hallway. 		Criminal Law and Procedure May 2, 2012
People v. Roldan
Witness absent at trial is not ‘unavailable’ in constitutional sense absent showing that prosecution exercised due diligence in preventing his absence at trial. 		Criminal Law and Procedure May 1, 2012
People v. Cornett
Statute prohibiting specified sexual conduct 'with child who is 10 years of age or younger' includes victims who have not yet reached 11th birthday. 		Criminal Law and Procedure Apr. 30, 2012
U.S. v. Dorsey
Witness testimony about seeing defendant with gun prior to shooting is not made inadmissible by Federal Rule of Evidence 404(b) as evidence of ‘other crimes.’ 		Criminal Law and Procedure Apr. 30, 2012
People v. Snow
Imposition of restitution for dental bill, which was caused by uncharged assault perpetrated on victim, does not violate 'Harvey' rule. 		Criminal Law and Procedure Apr. 30, 2012
People v. Vela
Enhancement for fleeing scene of crime is supported by evidence where intoxicated driver disabled vehicle by hitting wall, and then attempted to leave. 		Criminal Law and Procedure Apr. 30, 2012
People v. Valenzuela
Possession of personal identification of multiple victims does not constitute single offense because identity theft is unique theft crime and not mere possession crime. 		Criminal Law and Procedure Apr. 30, 2012
People v. Larsen
Trial court errs by not giving jury instructions for mental disorder where defendant had Asperger's Syndrome and claimed to be 'role playing' when soliciting murder. 		Criminal Law and Procedure Apr. 30, 2012
People v. Johnson
Defendants cannot be properly charged with conspiracy to actively participate in criminal street gang because criminal street gang is essentially form of conspiracy. 		Criminal Law and Procedure Apr. 29, 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 Apr. 29, 2012
People v. Livingston
Although videotaped interview violates right to confront witnesses as testimonial out-of-court statement, error is harmless because videotape was not important to jury. 		Criminal Law and Procedure Apr. 26, 2012
People v. Myles
Defendant fails to show prejudice from joinder where court ordered guilt phase bifurcated so jury could hear evidence in first case without exposure to evidence in other charge. 		Criminal Law and Procedure Apr. 26, 2012
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