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Name Category Published
People v. Vasquez
Statement made by codefendant disputing defendant's use of gun is not admissible as declaration against penal interest exception to hearsay rule. 		Criminal Law and Procedure Apr. 26, 2012
U.S. v. Backlund
Under Administrative Procedure Act, defendant may obtain review of Forest Service’s action if procedural requirements for direct review are met within limitations period. 		Criminal Law and Procedure Apr. 26, 2012
People v. Villegas
Sex offender registrant may be convicted for failing to report move and failing to report new address because substantial evidence supported both convictions even if they were based on same conduct. 		Criminal Law and Procedure Apr. 26, 2012
People v. Gisbert
Award of presentence custody credits is unauthorized where defendant was already committed to state prison for earlier burglary conviction. 		Criminal Law and Procedure Apr. 25, 2012
U.S. v. Apel
Convictions for trespassing on air force base cannot stand even though defendant was subject to pre-existing order barring him from base. 		Criminal Law and Procedure Apr. 25, 2012
Wood v. Milyard
Courts of appeals have authority, but not obligation, to raise forfeited timeliness defense on their own initiative in exceptional cases. 		Criminal Law and Procedure Apr. 24, 2012
U.S. v. Milovanovic
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 Apr. 24, 2012
In re Pugh
Parole is properly reinstated where governor’s reversal of decision to grant parole was not supported by 'some evidence' of current dangerousness. 		Criminal Law and Procedure Apr. 24, 2012
Maldonado v. Superior Court (People)
Fifth Amendment does not justify 'prophylactic' measures to ensure prosecution does not make improper use of defendant's statements to prosecution's examiners. 		Criminal Law and Procedure Apr. 23, 2012
Meras v. Sisto
Supreme Court’s decision in ‘Crawford’ does not clearly establish rule that forensic lab reports are testimonial when they are produced in anticipation of litigation. 		Criminal Law and Procedure Apr. 23, 2012
People v. Wells
Trial court commits prejudicial error by failing to instruct jury on defense of 'unconsciousness' where it was clear that defendant was relying on theory as defense. 		Criminal Law and Procedure Apr. 22, 2012
People v. Hernandez
Order barring counsel from consulting with accused about specific evidence does not warrant presumption of prejudice for purpose of proving ineffective assistance of counsel. 		Criminal Law and Procedure Apr. 19, 2012
Noble v. Adams
District court errs in dismissing petition as untimely without conducting further analysis of California law to determine when petitioner’s first petition was no longer pending. 		Criminal Law and Procedure Apr. 19, 2012
People v. Bejasa
Court’s failure to suppress statements defendant made to police after being handcuffed and placed in police car, before receiving 'Miranda' advisement, is harmless. 		Criminal Law and Procedure Apr. 19, 2012
People v. Durant
Motion to suppress search is properly denied where officer was aware of defendant's probation search condition before search, which dissipated taint of illegal traffic detention. 		Criminal Law and Procedure Apr. 19, 2012
U.S. v. Austin
Court lacks jurisdiction to reduce defendant’s sentence under 18 U.S.C. Section 3582(c)(2) where imposed sentence was based on parties’ plea agreement and not on sentencing guidelines range. 		Criminal Law and Procedure Apr. 18, 2012
Cross v. Sisto
District court must treat California Supreme Court’s denial of habeas petition, which cited to 'Ex parte Swain,' as grant of demurrer, rendering petition deficient yet properly filed. 		Criminal Law and Procedure Apr. 18, 2012
People v. Borg
Prospective application of amendment to statute increasing award of presentence conduct credits does not violate defendant's equal protection rights. 		Criminal Law and Procedure Apr. 18, 2012
People v. Finney
Convictions based on attack of one victim may not be treated as one strike because time difference between two assaults sufficiently separated incidents. 		Criminal Law and Procedure Apr. 18, 2012
In re Morganti
Inmate’s lack of insight into his substance abuse supports denial of parole only if it is rationally indicative of inmate’s current dangerousness. 		Criminal Law and Procedure Apr. 17, 2012
U.S. v. Swank
Under Sentencing Guidelines, defendant is subject to enhancement for offense of Abusive Sexual Conduct where he was entrusted with parent-like authority over child victim. 		Criminal Law and Procedure Apr. 16, 2012
People v. Weaver
Verdict of death is upheld where defendant was sufficiently informed that he was giving up right to appeal pretrial rulings following waiver of jury right. 		Criminal Law and Procedure Apr. 16, 2012
People v. Allexy
In choosing to impose sex offender registration on defendant whose crime does not require registration, court may not defer decision to impose requirement following sentencing. 		Criminal Law and Procedure Apr. 16, 2012
U.S. v. Kelly
Hague Convention does not supersede federal criminal statutes prohibiting destruction of government property, which is used to protect nuclear weapons. 		Criminal Law and Procedure Apr. 15, 2012
U.S. v. Goodbear
Sentencing enhancement for use of minor to avoid detection of offense is appropriate where it was reasonable to assume that defendant knew her husband would tell their son to lie to investigators. 		Criminal Law and Procedure Apr. 15, 2012
Brown v. Ahern
Absent extraordinary circumstances, federal court is prohibited from entertaining preconviction habeas petition raising Speedy Trial claim as affirmative defense to state prosecution. 		Criminal Law and Procedure Apr. 12, 2012
People v. Kurtenbach
Sentence for vandalism is stayed pursuant to Penal Code Section 654 where vandalism is part of single objective and part of indivisible transaction to commit arson. 		Criminal Law and Procedure Apr. 12, 2012
People v. Baker
Although some expert witness testimony constituted incompetent hearsay, substantial evidence supports finding that prisoner qualified as mentally disordered offender. 		Criminal Law and Procedure Apr. 11, 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 Apr. 10, 2012
U.S. v. Nosal
Criminal act of 'exceeding authorized access' under Computer Fraud and Abuse Act is limited to violations of restrictions on access to information, rather than use restrictions. 		Criminal Law and Procedure Apr. 10, 2012
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