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Name Category Published
Shelton v. Marshall
Prosecution's suppression of secret deal with key witness constitutes <EM>Brady</EM> violation where evidence of deal is powerful impeachment evidence. 		Criminal Law and Procedure Aug. 10, 2015
U.S. v. Lapier
Evidence of two criminal relationships for one count of conspiracy merits <EM>sua sponte</EM> 'specific unanimity' jury instruction in methamphetamine distribution case. 		Criminal Law and Procedure Aug. 10, 2015
People v. Cardenas
Burglary count should be stayed where multiple victim exception does not apply because crimes of violence were against one victim. 		Criminal Law and Procedure Aug. 7, 2015
People v. Calloway
Broad construal of incompetent-to-stand-trial statute allows mechanism for trial court to renew competency hearings in 10-year-old robbery case. 		Criminal Law and Procedure Aug. 7, 2015
People v. Brown
Defendant is detained when police stop behind his parked car and activate patrol vehicle's emergency lights. 		Criminal Law and Procedure Aug. 7, 2015
People v. Morris
Defendant's constitutional right to fair trial by impartial jury is violated where excused juror was allowed to testify for prosecution. 		Criminal Law and Procedure Aug. 7, 2015
People v. Kisling
'Wende' protections do not apply in sexually-violent predator's appeal from order denying his petition for release. 		Criminal Law and Procedure Aug. 7, 2015
Andrews v. Davis
Rejection of habeas prisoner's ineffective assistance of counsel claim is based on prejudice analysis which was not contrary to or unreasonable application of Supreme Court precedent. 		Criminal Law and Procedure Aug. 5, 2015
People v. Soria
Defendant cannot be convicted of two counts of rape for a single act of intercourse; two counts must be consolidated. 		Criminal Law and Procedure Aug. 4, 2015
People v. Perez
Reduction of felony drug charge under Proposition 47 has no effect on felony failure to appear charge. 		Criminal Law and Procedure Aug. 3, 2015
People v. Superior Court
Postconviction discovery motion in capital case overruled as it is not related to ongoing legal proceedings. 		Criminal Law and Procedure Aug. 3, 2015
People v. Riley
Commercial bribery charges cannot be based upon events that occurred when accused was no longer employee of the pertinent institution. 		Criminal Law and Procedure Aug. 3, 2015
United States v. Hernandez
Complaints of lack of reciprocity on file sharing site constitutes expectation of something of value in child pornography case, meriting sentencing enhancement. 		Criminal Law and Procedure Aug. 3, 2015
People v. Delapena
Prop 47's resentencing provision acts as savings clause equivalent; thus, the statute's reduced penalty provisions do not apply retroactively. 		Criminal Law and Procedure Aug. 2, 2015
U.S. v. Winkles
Certificate of appealability required to appeal denial of a legitimate Rule 60(b) motion for relief from judgment arising out of denial of a 28 U.S.C. section 2255 motion. 		Criminal Law and Procedure Aug. 2, 2015
People v. Whitaker
Trial court properly applies two-for-two formula in calculating defendant's entitlement to conduct credit for 327 days served in custody. 		Criminal Law and Procedure Jul. 29, 2015
U.S. v. Sullivan
California convictions "relating to" sexual abuse correctly trigger mandatory minimum enhancements under federal criminal statute. 		Criminal Law and Procedure Jul. 29, 2015
U.S. v. Willis
Sentence vacated where court does not conduct divisibility analysis when determining whether Oregon firearm possession is a 'crime of violence' under Sentencing Guidelines. 		Criminal Law and Procedure Jul. 29, 2015
U.S. v. Carter
Defendant's statement that he is presently taking medication does not trigger expanded Rule 11 colloquy to ensure he is 'knowingly and voluntarily' entering guilty plea. 		Criminal Law and Procedure Jul. 28, 2015
People v. Diaz
Striking enhancement based on conviction designated a misdemeanor under Prop. 47 is premature because of failure to first seek re-designation from court of conviction. 		Criminal Law and Procedure Jul. 28, 2015
People v. Andrade
One Strike Law does not authorize only one life term per victim; multiple life terms can be imposed for each eligible offense. 		Criminal Law and Procedure Jul. 26, 2015
People v. LaBlanc
Because superior court denied civilly-committed SVP's petition as frivolous based upon a misapprehension as to the original commitment jury's ruling, superior court erred. 		Criminal Law and Procedure Jul. 23, 2015
People v. Pinon
Trial court errs in imposing period of parole in resentencing offender under Prop. 47, without accounting for custody credits and where resulting period exceeded remainder of his post-release community supervision. 		Criminal Law and Procedure Jul. 23, 2015
United States v. Torres
Testimony of questions asked by an out-of-court declarant constitutes inadmissible hearsay evidence, as truth of the matter is 'implicitly' asserted. 		Criminal Law and Procedure Jul. 22, 2015
People v. Murillo
Where amateur rapper threatens death to (and cites names of) rape victims, said rap may constitute genuine threat such that charges should survive preliminary examination. 		Criminal Law and Procedure Jul. 22, 2015
People v. Lopez
Appellate court declines to decide threshold matter of whether repeat drug offender is eligible for resentencing relief under Proposition 47. 		Criminal Law and Procedure Jul. 22, 2015
People v. Rivas
Fingerprint identification neither new nor novel, does not merit <EM>Kelly</EM> hearing to determine admissibility 		Criminal Law and Procedure Jul. 21, 2015
U.S. v. Aquino
Probationer's 'literally true' response to probation officer, though evasive and coy, does not give rise to violation of probation condition that requires probationer to 'answer truthfully' all inquiries of officer. 		Criminal Law and Procedure Jul. 21, 2015
People v. Lopes
Juvenile adjudication does not qualify as a prior violation so as to elevate a misdemeanor DUI offense to a felony under Vehicle Code Section 23550.5. 		Criminal Law and Procedure Jul. 21, 2015
People v. Riley
Commercial bribery charges cannot be based upon events that occurred when accused was no longer employee of the pertinent institution. 		Criminal Law and Procedure Jul. 21, 2015
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