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Name Category Published
People v. Mestas
Molestation victim’s sexual history is properly excluded because conduct was not sufficiently similar to conduct charged against defendant. 		Criminal Law and Procedure Jul. 23, 2013
U.S. v. Garcia
Defendant’s conviction for involuntary manslaughter is overturned where jury instructions did not require finding of gross negligence, an essential element of involuntary manslaughter. 		Criminal Law and Procedure Jul. 22, 2013
People v. Davis
Defendant’s conviction for killing his mother is upheld even though court failed to instruct jury sua sponte that jailhouse informant’s testimony must be corroborated. 		Criminal Law and Procedure Jul. 22, 2013
People v. Johnson
Defendants may be separately charged with conspiracy to actively participate in criminal street gang, once conspirator has committed overt act. 		Criminal Law and Procedure Jul. 19, 2013
People v. Smith
Court does not need to instruct jury on lesser offense related to resisting executive officer where lesser offense was not necessarily included in greater offense. 		Criminal Law and Procedure Jul. 19, 2013
U.S. v. Aguilar-Reyes
Defendant may not be resentenced, despite being sentenced incorrectly, because he had been deported and was not present for sentencing. 		Criminal Law and Procedure Jul. 19, 2013
U.S. v. Teague
Defendant’s convictions for receipt and possession of child pornography does not violate Double Jeopardy Clause because convictions were based on separate conduct. 		Criminal Law and Procedure Jul. 19, 2013
People v. Pirali
Probation condition restricting Internet access is constitutional because defendant was convicted for possessing child pornography and could access Internet with approval. 		Criminal Law and Procedure Jul. 18, 2013
Fortner v. Superior Court (People)
California trial court does not have territorial jurisdiction over domestic violence offenses committed in Hawaii because no part of offenses occurred in California. 		Criminal Law and Procedure Jul. 18, 2013
People v. Ford
Trial court may order defendant to pay additional restitution, despite the ending of his probation term, because restitution amount had not yet been determined. 		Criminal Law and Procedure Jul. 18, 2013
Aleman v. Uribe
Prosecutor's removal of Hispanic woman during jury selection because he mistakenly believed she said she was 'prissy' does not constitute purposeful discrimination. 		Criminal Law and Procedure Jul. 17, 2013
U.S. v. Perez-Valencia
Challenge to disputed wiretap is left undecided because record was insufficient to determine precise nature of assistant district attorney’s authority in applying for wiretap. 		Criminal Law and Procedure Jul. 17, 2013
U.S. v. Botello-Rosales
Defendant’s conviction is vacated because detective’s use of Spanish word ‘free’ in administering Spanish-language Miranda warning failed to reasonably convey Miranda rights. 		Criminal Law and Procedure Jul. 16, 2013
U.S. v. Morgan
Border patrol agent's re-reading of ‘Miranda’ warnings in standard I-214 Form does not constitute unconstitutional re-initiation of interrogation. 		Criminal Law and Procedure Jul. 15, 2013
U.S. v. Green
Movie industry veterans who ran international film festival must pay $250,000 in restitution for making $1.8 million in illicit payments to foreign governor. 		Criminal Law and Procedure Jul. 12, 2013
People v. Barclay
Defendant’s prior juvenile adjudication for felony vehicular manslaughter elevated his current driving under influence of alcohol offenses to felonies. 		Criminal Law and Procedure Jul. 12, 2013
People v. Weber
Defendant is competent to waive right to counsel where he knowingly understands proceedings, despite attempts to thwart proceedings with outrageous actions. 		Criminal Law and Procedure Jul. 11, 2013
McCullough v. Graber
Bureau of Prisons is not required to use prisoner’s good time credits in determining eligibility for home detention under Second Chance Act's elderly offender pilot program. 		Criminal Law and Procedure Jul. 11, 2013
People v. DeHoyos
Defendant’s conviction for killing and raping of nine-year-old victim is affirmed despite admission of expert testimony regarding defendant’s understanding of right and wrong. 		Criminal Law and Procedure Jul. 9, 2013
People v. Mata
Trial court may reseat juror, who was discharged improperly by prosecutor through peremptory challenge, because defendant assented to reseating by not objecting. 		Criminal Law and Procedure Jul. 9, 2013
U.S. v. White Eagle
Superintendent who oversaw loan modifications cannot be convicted of conspiracy where she did not participate or directly benefit from fraudulent loan scheme. 		Criminal Law and Procedure Jul. 8, 2013
In re Cabrera
Inmate’s possession of drawings signed by gang affiliate does not show direct link between two to support inmate’s validation as gang member. 		Criminal Law and Procedure Jul. 3, 2013
U.S. v. Morales
Defendant’s conviction for transporting illegal aliens into country for financial gain is affirmed despite erroneously admitted hearsay statements contained in Border Patrol forms. 		Criminal Law and Procedure Jul. 3, 2013
U.S. v. Huizar-Velazquez
District court improperly sentences importer, who evaded antidumping duties on Chinese steel wire, with guideline that addresses corruption of government officials. 		Criminal Law and Procedure Jul. 3, 2013
Jointer v. Superior Court (People)
Defendant may perform DNA testing of water bottle left at scene of 1997 grocery store robbery to address critical issue of perpetrator’s identity. 		Criminal Law and Procedure Jul. 2, 2013
People v. Nunez
Gang member successfully challenges gang enhancement where jury was not instructed that enhancement can be found true only if the murders were gang-related. 		Criminal Law and Procedure Jul. 2, 2013
Doe v. Harris
Terms of plea agreements may be affected by changes in law because such agreements incorporate and contemplate state’s power to amend or enact laws. 		Criminal Law and Procedure Jul. 2, 2013
People v. Centeno
Order 		Criminal Law and Procedure Jul. 1, 2013
People v. Prunty
Order 		Criminal Law and Procedure Jul. 1, 2013
U.S. v. Kriesel
Government may keep convicted felon's blood sample for use in forensic database despite argument that he was entitled to return of his property. 		Criminal Law and Procedure Jul. 1, 2013
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