Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
14-30217
|
U.S. v. Mohamud
Portland teen's entrapment defense properly rejected where he dreamt of waging war within the U.S. well before FBI's initial contact. |
Criminal Law and Procedure |
|
Dec. 5, 2016 | |
S131819
|
People v. Williams
Defendant's contentions challenging judgment of death following first degree murder and forcible rape convictions unavailing, leading to affirmance of judgment in its entirety. |
Criminal Law and Procedure |
|
Dec. 5, 2016 | |
A136822
|
People v. McCarrick
Alleged exclusion of 'delusions' from jury instructions regarding hallucinations does not warrant reversal of mother's murder convictions in the killing of her twin daughters. |
Criminal Law and Procedure |
|
Dec. 1, 2016 | |
S033901
|
People v. Thompson
Jurors' equivocations and hesitations on imposition of death penalty legitimate reasons for meriting dismissal from jury pool in capital case. |
Criminal Law and Procedure |
|
Dec. 1, 2016 | |
B256009
|
People v. Shiga
Arson conviction overturned where trial court was unaware it had discretion to deny 'gray-area' defendant's 'Faretta' request to represent himself. |
Criminal Law and Procedure |
|
Nov. 30, 2016 | |
E063996
|
People v. Houser
Child sex abuse convictions overturned where trial court failed to conduct competency hearing of defendant who saw prosecutor as 'attacking vampire.' |
Criminal Law and Procedure |
|
Nov. 29, 2016 | |
15-10063
|
United States v. Doe
Evidence of repeated success using identity information in DMV applications is enough to establish that user knew information belonged to another, meriting identity theft conviction. |
Criminal Law and Procedure |
|
Nov. 29, 2016 | |
C075231
|
People v. Moore
In classic whodunit case, disgruntled farmer fails to overthrow murder conviction based largely on circumstantial evidence by casting blame on cousin. |
Criminal Law and Procedure |
|
Nov. 29, 2016 | |
C079143
|
People v. Allen
No merit to defendant's challenge to his escape conviction, where he voluntarily left his place of confinement during curfew. |
Criminal Law and Procedure |
|
Nov. 28, 2016 | |
E062962
|
People v. Mejia
Sentence based on husband's final act of assault on wife he tortured over three-month period must be stayed where act was part of entire course of conduct constituting torture. |
Criminal Law and Procedure |
|
Nov. 24, 2016 | |
G051696
|
People v. Dekraai
Recusal of entire prosecutorial office upheld where office's conflict of interest with sheriff's department prevents it from fairly prosecuting defendant's penalty phase. |
Criminal Law and Procedure |
|
Nov. 24, 2016 | |
D069111
|
People v. Thiel
Mentally ill man fails to overturn convictions for elder abuse based on alleged instructional errors regarding jury's consideration of his mental incapacity. |
Criminal Law and Procedure |
|
Nov. 24, 2016 | |
E059452
|
People v. Garcia
Section 3501's guarantee of parole opportunity at 25 years, among other factors, renders 32-year sentence of juvenile attempted murder defendant constitutional. |
Criminal Law and Procedure |
|
Nov. 24, 2016 | |
B248512
|
People v. Ramos
Defendant's constitutional right to counsel violated when trial court involuntarily removed him from courtroom without appointing standby counsel to represent him during direct examination of key witness. |
Criminal Law and Procedure |
|
Nov. 22, 2016 | |
B268751
|
People v. Quick
Person arrested for DUI may not defeat search incident to arrest by locking incriminating evidence inside his vehicle. |
Criminal Law and Procedure |
|
Nov. 22, 2016 | |
B268475
|
People v. Walker
Defendant not eligible for Proposition 47 relief due to murder conviction that came after earlier drug-related convictions otherwise eligible for resentencing. |
Criminal Law and Procedure |
|
Nov. 21, 2016 | |
A143768
|
People v. Cruz Villagran
Sufficient evidence supports convictions of attempt to commit a lewd or lascivious act on a minor where defendant commits offense through medium of text messaging. |
Criminal Law and Procedure |
|
Nov. 21, 2016 | |
F071164
|
People v. Guerra
Appellate division must comply with statutory requirement and issue brief statement of its reasons for overturning trial court's ruling, which does not conflict with court rule relieving it from having to issue written opinions. |
Criminal Law and Procedure |
|
Nov. 21, 2016 | |
B252894
|
People v. Selivanov
Court may not make finding as to whether embezzled funds were 'public' as decision mandating felony classification of conviction is jury's responsibility under 'Apprendi.' |
Criminal Law and Procedure |
|
Nov. 20, 2016 | |
C079831
|
People v. Rendon
Possession of materials that may be used to produce more counterfeit bills irrelevant to valuation of counterfeit bills for purposes of determining defendant's punishment for forgery. |
Criminal Law and Procedure |
|
Nov. 20, 2016 | |
H042499
|
People v. Colbert
Store's back office is a discrete area separate from the commercial part of the establishment; hence, theft occurring there does not constitute shoplifting. |
Criminal Law and Procedure |
|
Nov. 20, 2016 | |
12-55307
|
Fue v. Biter
Waiting fourteen months to inquire about status of state habeas petition constitutes reasonable diligence and may entitle petitioner to equitable tolling for federal habeas petition. |
Criminal Law and Procedure |
|
Nov. 17, 2016 | |
G050268
|
People v. Garcia
Pimp's constitutional challenge over trial court's decision to release minor from commitment as material witness after permitting her conditional examination fails to overturn convictions. |
Criminal Law and Procedure |
|
Nov. 16, 2016 | |
B272222
|
People v. Mendoza
In Proposition 47 case, judgment modified to reflect concurrent sentence in second case, but otherwise affirmed, where court may resentence defendant on any component of aggregate term. |
Criminal Law and Procedure |
|
Nov. 15, 2016 | |
A142881
|
People v. Eslava
Bench trial finding regarding prior conviction improper due to changes in law between appeals requiring juries to make finding for sentencing enhancements. |
Criminal Law and Procedure |
|
Nov. 15, 2016 | |
C078123
|
People v. Wilson
Imposition of both great bodily injury and serious felony enhancements proper where latter enhancement imposed for offender's status as a recidivist, not for conduct. |
Criminal Law and Procedure |
|
Nov. 15, 2016 | |
15-10152
|
U.S. v. Lin
Erroneous application of base level to defendant who pled guilty to conspiracy to commit sex trafficking warrants resentencing. |
Criminal Law and Procedure |
|
Nov. 14, 2016 | |
C072545
|
People v. Perkins
Child sex victim's movement from bathroom to bedroom did not increase risk of harm; insufficient to support aggravated kidnapping sentence enhancement. |
Criminal Law and Procedure |
|
Nov. 14, 2016 | |
B269027
|
People v. Valenzuela
Conviction for 'wobbler' offense, street terrorism, unaffected by resentencing under Prop 47 as offense was felonious criminal conduct at commissioning of crime. |
Criminal Law and Procedure |
|
Nov. 14, 2016 | |
C078537
|
People v. Lopez
'In re Arturo D.' remains good law, permitting officer's warrantless search of driver's purse for identification, warranting the reversal of the dismissal of case against driver. |
Criminal Law and Procedure |
|
Nov. 14, 2016 |