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Name Category Published
U.S. v. Manzo
Counsel's performance is deficient due to failure to anticipate that offenses would be grouped for sentencing and advise withdrawal from plea agreement. 		Criminal Law and Procedure Apr. 5, 2012
People v. Self
Notations on foreign judgment of conviction cannot be used to enhance conviction where notations were not relevant to determination of crime defendant committed. 		Criminal Law and Procedure Apr. 4, 2012
U.S. v. Onyesoh
Government must prove usability of expired credit card numbers for district court to enhance sentence for access device fraud. 		Criminal Law and Procedure Apr. 4, 2012
Schneider v. McDaniel
Pro se petitioner’s mental condition cannot serve as cause for procedural default when petitioner remains able to apply to state court for post-conviction relief. 		Criminal Law and Procedure Apr. 4, 2012
People v. Wright
Court does not have duty to instruct jury on intoxication and unconsciousness where substantial evidence of unconsciousness and intoxication did not exist. 		Criminal Law and Procedure Apr. 4, 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. 3, 2012
People v. Western Insurance Co.
In bail forfeiture action, equitable tolling of appearance period for defendant who fled to another county is not required during extradition process. 		Criminal Law and Procedure Apr. 2, 2012
Florence v. Board of Chosen Freeholders of County of Burlington
Invasive searches during prison intake process are not unreasonable, even for new detainees arrested for minor offenses. 		Criminal Law and Procedure Apr. 2, 2012
Vasquez v. U.S.
Improvidently granted writ of certiorari is dismissed by Supreme Court. 		Criminal Law and Procedure Apr. 2, 2012
Wentzell v. Neven
Petitioner does not need to obtain leave from appellate court to file second habeas petition where new judgment intervenes between two petitions. 		Criminal Law and Procedure Apr. 2, 2012
Ben-Sholom v. Ayers
Evidentiary hearing on defendant’s claim of ineffective assistance of counsel during guilt phase is not required where defendant fails to establish prejudice. 		Criminal Law and Procedure Apr. 2, 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 Mar. 29, 2012
People v. Hale
10-year statute of limitations does not bar prosecution for aggravated sexual assault upon child, and prosecution may be commenced at any time. 		Criminal Law and Procedure Mar. 29, 2012
People v. Superior Court (Chapman)
Officers' reentry to seize evidence observed in plain view during protective sweep does not violate Fourth Amendment because protective sweep took priority over evidence seizure. 		Criminal Law and Procedure Mar. 29, 2012
Setser v. U.S.
Defendant's sentence is not unreasonable because statute leaves room for exercise of judicial discretion when choosing to impose concurrent or consecutive sentences. 		Criminal Law and Procedure Mar. 28, 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 Mar. 28, 2012
Reilly v. Superior Court (People)
Recommitment petition must be dismissed where new evaluations conclude that defendant no longer meets criteria for commitment as sexually violent predator. 		Criminal Law and Procedure Mar. 28, 2012
Boysel v. Superior Court (People)
Petition for commitment of sexually violent predator may be filed even if initial evaluators do not concur that defendant meets criteria for commitment. 		Criminal Law and Procedure Mar. 28, 2012
Wright v. Superior Court (People)
Plea of abatement is correctly denied where statutorily required evaluation process had not yet been completed as to whether defendant is sexually violent predator. 		Criminal Law and Procedure Mar. 28, 2012
People v. Romero
Defendant's claim that Hispanics and Asian-Americans are underrepresented on grand juries fails due to lack of evidence of systematic exclusion. 		Criminal Law and Procedure Mar. 27, 2012
U.S. v. Major
For purposes of sentencing on multiple counts for discharging and brandishing firearm during crime of violence, court must determine order in which jury made findings during deliberations. 		Criminal Law and Procedure Mar. 27, 2012
U.S. v. Rodrigues
Despite omission of kickback element in instruction, conviction for honest services theft is proper because omission did not have substantial and injurious effect on verdict. 		Criminal Law and Procedure Mar. 27, 2012
People v. Tuck
Lifetime sex offender registration requirement for defendant convicted of committing lewd act on child under age of 14 does not violate equal protection. 		Criminal Law and Procedure Mar. 27, 2012
U.S. v. Nguyen
Sufficient probable cause exists for issuance of search warrant investigating mailing of letters that could reasonably constitute attempt at voter intimidation. 		Criminal Law and Procedure Mar. 25, 2012
People v. Maharaj
Court may impose consecutive sentences for each of defendant’s four forcible sex offenses that are specified in Penal Code Section 667.6(e). 		Criminal Law and Procedure Mar. 25, 2012
People v. International Fidelity Insurance Co.
Court may not allow bail bond to remain in effect after bond was exonerated by operation of law when defendant was remanded to custody of sheriff. 		Criminal Law and Procedure Mar. 21, 2012
Missouri v. Frye
Defendant who was not informed of plea bargain offers is denied effective assistance of counsel because Sixth Amendment applies to plea bargaining process. 		Criminal Law and Procedure Mar. 21, 2012
Lafler v. Cooper
Where counsel’s ineffective advice led to plea offer’s rejection, defendant must show possibility that outcome of plea process would have been different with competent advice. 		Criminal Law and Procedure Mar. 21, 2012
Martinez v. Ryan
Procedural default does not bar federal habeas court from hearing ineffective-assistance claims if counsel was ineffective in initial-review collateral proceeding. 		Criminal Law and Procedure Mar. 20, 2012
People v. Garcia
Defendant is denied unanimous verdict by 12 jurors where one juror was excused during deliberations after jury reached verdict on multiple counts. 		Criminal Law and Procedure Mar. 20, 2012
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