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Name Category Published
People v. Harris
Warrantless blood draw of motorist suspected of DUI comports with Fourth Amendment despite recent U.S. Supreme Court decision in ‘McNeely.’ 		Criminal Law and Procedure Feb. 19, 2015
People v. Simmons
Trial court, uncomfortable with defendants’ ‘sketchy behavior,’ withdraws package plea agreement. 		Criminal Law and Procedure Feb. 19, 2015
People v. Braslaw
Not an error to exclude optional, mistake-of-fact portion of jury instruction in rape trial where evidence did not support portion's inclusion. 		Criminal Law and Procedure Feb. 18, 2015
U.S. v. Dibe
Ineffective-assistance-of-counsel claim is not mitigating factor courts may consider at sentencing. 		Criminal Law and Procedure Feb. 12, 2015
People v. Wilson
Multiple threatening statements made to single victim during single encounter justifies only one conviction for making criminal threats. 		Criminal Law and Procedure Feb. 11, 2015
People v. Lewis
Convictions for sex crimes against child are upheld despite delay in reporting crimes that occurred in 1989. 		Criminal Law and Procedure Feb. 11, 2015
People v. Wade
Person who carries loaded firearm inside backpack violates statute prohibiting carrying of loaded firearm ‘on the person.’ 		Criminal Law and Procedure Feb. 11, 2015
People v. Cisneros
Prosecutor’s preference for next prospective juror over dismissed male jurors was not adequate nondiscriminatory reason for such dismissal. 		Criminal Law and Procedure Feb. 10, 2015
People v. Simmons
Trial court, uncomfortable with defendants’ ‘sketchy behavior,’ withdraws package plea agreement. 		Criminal Law and Procedure Feb. 9, 2015
People v. Munoz
Drug offender’s failure to object to counseling condition in trial court renders claim on appeal forfeited. 		Criminal Law and Procedure Feb. 6, 2015
People v. Cook
Great bodily harm enhancement may not be applied to manslaughter or murder convictions. 		Criminal Law and Procedure Feb. 6, 2015
United States v. Burgos-Ortega
Prior state conviction properly considered for sentence enhancement, where no realistic possibility that state statute applied to conduct outside federal generic definition. 		Criminal Law and Procedure Feb. 6, 2015
People v. Rodriguez
In deciding whether to resentence inmate under Prop. 36, trial courts need not retain expert in gauging inmate’s current dangerousness. 		Criminal Law and Procedure Feb. 6, 2015
People v. Braslaw
Not an error to exclude optional, mistake-of-fact portion of jury instruction in rape trial where evidence did not support portion's inclusion. 		Criminal Law and Procedure Feb. 3, 2015
In re Wilson
Juvenile homicide offender’s life without parole sentence overturned in light of U.S. Supreme Court’s ‘Miller v. Alabama’ decision. 		Criminal Law and Procedure Feb. 3, 2015
People v. Rivera
Despite felony offense being designated as misdemeanor under Proposition 47, Courts of Appeal still have jurisdiction when crime was charged as felony. 		Criminal Law and Procedure Feb. 2, 2015
People v. Lynall
Despite felony offense being designated as misdemeanor under Proposition 47, Courts of Appeal still have jurisdiction when crime was charged as felony. 		Criminal Law and Procedure Feb. 2, 2015
People v. Cannata
Statements admitting child sexual abuse fall outside psychotherapist-patient privilege. 		Criminal Law and Procedure Feb. 2, 2015
U.S. v. Hsiung
In criminal antistrust case, convictions of all defendants affirmed; sentence of one defendant who submitted challenge affirmed; and petitions for rehearing and rehearing en banc denied. 		Criminal Law and Procedure Feb. 2, 2015
People v. Ramirez
Defendants who provoked gang fight not necessarily disqualified from self-defense in subsequent murder prosecution. 		Criminal Law and Procedure Jan. 30, 2015
People v. Espinoza
Criminal trial may proceed in pro se defendant’s absence only if record shows voluntary and knowing waiver of fundamental trial rights. 		Criminal Law and Procedure Jan. 30, 2015
People v. Almanza
Sex offender fails to overturn conviction because counsel’s serious conflicts did not prejudice him. 		Criminal Law and Procedure Jan. 30, 2015
People v. Zinda
Justified-homicide-during-lawful-arrest instruction not required where defendant’s intention was only to kill. 		Criminal Law and Procedure Jan. 29, 2015
Arteaga v. Superior Court (People)
Grand jury indictment may be based on uncorroborated accomplice testimony. 		Criminal Law and Procedure Jan. 29, 2015
U.S. v. Davis
Drug sentence upheld despite retroactive change to federal guidelines because, per Sotomayor concurrence, Rule 11(c)(1)(C) plea agreement was not based on the guidelines. 		Criminal Law and Procedure Jan. 28, 2015
People v. Perez
Court abuses discretion in dismissing motion to withdrawal guilty plea. 		Criminal Law and Procedure Jan. 28, 2015
People v. Vidana
Defendant cannot be convicted of both Larceny and embezzlement because they are not separate offenses, but two ways of committing theft. 		Criminal Law and Procedure Jan. 27, 2015
United States v. Whittemore
Conviction for making campaign contributions in name of another is supported, even if funds were gifts to third parties under state law. 		Criminal Law and Procedure Jan. 27, 2015
U.S. v. McElmurry
Self-professed child pornography addict escapes convictions due to district court’s prejudicial evidentiary ruling. 		Criminal Law and Procedure Jan. 27, 2015
Ezell v. United States
28 U.S.C. Section 2255(h) motion for successive Section 2255 petition is properly denied when no new or constitutional rule is presented. 		Criminal Law and Procedure Jan. 26, 2015
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