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People v. Lavender
Juror misconduct in discussing defendants’ decisions not to testify is not categorically prejudicial so as to require automatic reversal or new trial. 		Criminal Law and Procedure Dec. 8, 2014
People v. Robinson
Wife who poured scalding water over husband overturns simple mayhem conviction because offense was lesser included offense of her aggravated mayhem conviction. 		Criminal Law and Procedure Dec. 8, 2014
People v. Oehmigen
Inmate is not entitled to resentencing hearing involving petition to recall sentence because his record of conviction clearly demonstrate his ineligibility for requested relief. 		Criminal Law and Procedure Dec. 7, 2014
People v. Centeno
Prosecutor's visual aid and poorly worded closing statements regarding reasonable doubt burden of proof constitute misconduct because they misstated law. 		Criminal Law and Procedure Dec. 4, 2014
People v. Kirvin
Trial court may deny criminal defendant’s right to self-representation based on his repeated absences and refusal to meet with court-appointed experts. 		Criminal Law and Procedure Dec. 4, 2014
In re Butler
Trial court improperly overturns Governor’s decision to veto prisoner’s release because some evidence supported Governor’s finding that prisoner was still dangerous. 		Criminal Law and Procedure Dec. 4, 2014
People v. Kunes
Escapee may not withdraw plea based on ignorance of necessity defense where he, his attorney, and prosecutor were well aware of facts surrounding defense. 		Criminal Law and Procedure Dec. 3, 2014
People v. Buza
California’s DNA Act, which required DNA samples from felony arrestees immediately following arrest, violates California Constitution. 		Criminal Law and Procedure Dec. 3, 2014
People v. Chaney
Offender cannot take advantage of new resentencing law redefining ‘unreasonable risk to public safety’ because definition does not apply retroactively. 		Criminal Law and Procedure Dec. 2, 2014
People v. Bolian
Trial court improperly revokes defendant’s probation where record demonstrates that court was unaware it had discretionary power to reinstate and modify probation. 		Criminal Law and Procedure Dec. 2, 2014
People v. Parker
Trial court may revoke defendant’s outpatient status although revocation was made prior to defendant’s placement in outpatient program. 		Criminal Law and Procedure Dec. 2, 2014
People v. Jones
Warrantless blood draw does not violate drunk driving suspect’s Fourth Amendment rights because he was under active probation supervision, which included search and seizure condition. 		Criminal Law and Procedure Nov. 30, 2014
People v. Miller
Trial court properly excludes murder suspect’s case specific hearsay statements included in psychologist’s report, which suspect’s expert relied upon in forming opinions. 		Criminal Law and Procedure Nov. 30, 2014
People v. Walker
Drunk driver must pay restitution to all named and unnamed victims in eight-car accident that was treated as single incident. 		Criminal Law and Procedure Nov. 27, 2014
People v. $2,709 United States Currency
California’s civil forfeiture law requiring simultaneous trial is inapplicable in case involving less than $25,000 in cash and where defendant enters plea to criminal charges. 		Criminal Law and Procedure Nov. 27, 2014
U.S. v. Gavilanes-Ocaranza
Supervised release revocation proceeding that takes place four years after defendant’s original criminal prosecution does not violate defendant's right to speedy trial. 		Criminal Law and Procedure Nov. 25, 2014
People v. Phoenix
Sentencing court pronouncing aggregate term and imposing combined sentence must determine presentence custody credits even if previous case is from different county. 		Criminal Law and Procedure Nov. 24, 2014
People v. Moreno
Denial of ex-felon’s petition for certificate of rehabilitation does not violate equal protection because he became ineligible once his felonies were reduced to misdemeanors. 		Criminal Law and Procedure Nov. 24, 2014
Gant v. County of Los Angeles
District court improperly dismisses detainee’s due process claim against Los Angeles County where genuine issue over alleged mistaken identity remained. 		Criminal Law and Procedure Nov. 24, 2014
U.S. v. Brooks
Supervisor’s out-of-court statement violates drug offender’s confrontation rights because supervisor was not unavailable and offender did not have opportunity for cross-examination. 		Criminal Law and Procedure Nov. 24, 2014
U.S. v. Prince
Career criminal receives enhanced sentence because prior conviction for attempted robbery posed risks similar to violent felonies enumerated under Armed Career Criminal Act. 		Criminal Law and Procedure Nov. 24, 2014
U.S. v. Agront
Dept. of Veterans Affairs regulation prohibiting disorderly conduct that creates loud, boisterous, and unusual noise is not unconstitutionally vague as applied. 		Criminal Law and Procedure Nov. 23, 2014
U.S. v. Reyes
Smuggler receives sentencing enhancement because it was reasonably foreseeable, due to sheer number of individuals smuggled, that unaccompanied minors would be smuggled. 		Criminal Law and Procedure Nov. 23, 2014
People v. Gardner
Defendant who is competent to stand trial is not competent to represent himself, given he suffered from expressive language disorder that prevented coherent communication. 		Criminal Law and Procedure Nov. 23, 2014
People v. Smith
Gang member is properly convicted as aider and abettor in murders of members of his own gang, which ocurred as natural and probable consequence of ‘jump out’ he set up. 		Criminal Law and Procedure Nov. 20, 2014
People v. Chubbuck
Inmate is ineligible for resentencing relief under Three Strikes Reform Act because he intended to cause great bodily injury during underlying solicitation offense. 		Criminal Law and Procedure Nov. 19, 2014
Taylor v. Cate
Criminal defendant who was convicted of murder and attempted robbery may not be resentenced as aider and abettor without first being granted new trial. 		Criminal Law and Procedure Nov. 19, 2014
Glebe v. Frost
Robber fails to overturn his conviction because trial court’s restriction of his attorney’s summation of defenses was not a structural error that warranted reversal. 		Criminal Law and Procedure Nov. 17, 2014
U.S. v. Martinez
Prior conviction under California law for vehicle flight from pursuing peace officer qualifies as ‘violent felony’ for purposes of Armed Career Criminal Act. 		Criminal Law and Procedure Nov. 16, 2014
U.S. v. Waters
2011 Amendment to U.S. Sentencing Guidelines, which directs courts to use policy in effect on date of crack cocaine term reduction, does not violate ex post facto clause. 		Criminal Law and Procedure Nov. 16, 2014
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