Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
10-50361
|
U.S. v. Reyes-Bonilla
In prosecution for illegal reentry, defendant seeking to exclude prior removal order, which violated due process right to counsel, must prove actual prejudice. |
Criminal Law and Procedure |
|
Feb. 7, 2012 | |
B228244
|
People v. Gabriel
Prior felony convictions for possession of assault weapon and cultivation of marijuana involve moral turpitude and are admissible to impeach defendant's credibility. |
Criminal Law and Procedure |
|
Feb. 6, 2012 | |
S093754
|
People v. Brents
Jury instruction for kidnapping special circumstance allegation that required finding that murder was committed to carry out assault results in prejudicial error. |
Criminal Law and Procedure |
|
Feb. 3, 2012 | |
S027094
|
People v. Elliott
Inconsistencies in initial description of perpetrator do not warrant reversal where jury found witnesses credible and sufficient evidence supported conviction. |
Criminal Law and Procedure |
|
Feb. 3, 2012 | |
F061775
|
Lane v. Valverde
Breath test is valid although police officer failed to test accuracy within necessary 10-day period when breath test occurred before 10 days elapsed. |
Criminal Law and Procedure |
|
Feb. 2, 2012 | |
10-50501
|
U.S. v. Noriega-Perez
Property owner, who rented houses for use in smuggling operation, is properly convicted of aiding and abetting smuggling of aliens into U.S. |
Criminal Law and Procedure |
|
Feb. 2, 2012 | |
S186661
|
People v. Cravens
Court finds sufficient evidence to support conviction for second degree murder on implied malice theory where defendant sucker punched victim, causing death. |
Criminal Law and Procedure |
|
Jan. 31, 2012 | |
S188619
|
People v. Johnson
Court properly denies defendant right to self-representation where defendant is competent to stand trial, but not to conduct trial proceedings himself. |
Criminal Law and Procedure |
|
Jan. 31, 2012 | |
B220199
|
People v. Indiana Lumbermens Mutual Insurance Co.
Addition of robbery charge based on same acts alleged in original complaint, materially increasing surety’s risk, does not automatically exonerate bond. |
Criminal Law and Procedure |
|
Jan. 31, 2012 | |
E051741
|
People v. Hughes
Court may impose probation condition that prohibits defendant from using medical marijuana where condition related to crimes of conviction and future criminality. |
Criminal Law and Procedure |
|
Jan. 30, 2012 | |
F061552
|
People v. Miller
Equitable estoppel prevents narcotics offender, who entered into plea agreement, from vacating his plea even where his misdemeanor was mistakenly classified as felony. |
Criminal Law and Procedure |
|
Jan. 30, 2012 | |
10-50284
|
U.S. v. McGowan
Former prison guard's sentencing deprives him of due process by relying on allegations made by inmate who was not present at trial or hearing. |
Criminal Law and Procedure |
|
Jan. 27, 2012 | |
C066487
|
People v. Geter
Absent any evidence that victim regained physical possession of money, defendant’s conviction for grand theft from person cannot stand. |
Criminal Law and Procedure |
|
Jan. 27, 2012 | |
H036619
|
In re Bratton
Court lacks authority to grant custody credit because petitioner should have presented claim for additional credit to Dept. of Corrections, and then Board of Parole Hearings. |
Criminal Law and Procedure |
|
Jan. 26, 2012 | |
11-15025
|
U.S. v. Gonzalez
Under joint defense privilege, court must determine when implied agreement between parties ended to decide whether certain communications are discoverable. |
Criminal Law and Procedure |
|
Jan. 26, 2012 | |
C065896
|
People v. Thiessen
Defendant’s use of inoperable firearm that victims may not have seen is enough to support firearm enhancement because it showed solidarity with shooter. |
Criminal Law and Procedure |
|
Jan. 26, 2012 | |
A130065
|
People v. Quarterman
Prosecution is not permitted to initiate second probation violation proceeding on same ground following failure to sustain burden of proof at first proceeding. |
Criminal Law and Procedure |
|
Jan. 25, 2012 | |
10-6549
|
Reynolds v. U.S.
Sex Offender Registration and Notification Act does not require pre-Act offenders to comply with registration requirements unless Attorney General specifies they do. |
Criminal Law and Procedure |
|
Jan. 24, 2012 | |
10-1259
|
U.S. v. Jones
Government may not use evidence obtained through warrantless use of GPS device regardless of whether reasonable expectation of privacy exists. |
Criminal Law and Procedure |
|
Jan. 24, 2012 | |
S184665
|
People v. Mil
Omission of elements from instruction on felony-murder special circumstances for non-killer defendant constitutes prejudicial error requiring reversal of conviction. |
Criminal Law and Procedure |
|
Jan. 24, 2012 | |
10-35865
|
Alvarez v. Hill
Inmate’s RLUIPA claim is properly dismissed where sovereign immunity bars claim and is rendered moot due to inmate's release from custody. |
Criminal Law and Procedure |
|
Jan. 23, 2012 | |
G045445
|
Payton v. Superior Court (People)
Conduct credits for good behavior are awarded to prisoners based on amendment in effect when custody is served, not date of crime. |
Criminal Law and Procedure |
|
Jan. 23, 2012 | |
A128865
|
People v. James
Jail’s system for legal research does not violate right to self-representation where inmates had reasonable access to materials through legal research assistants. |
Criminal Law and Procedure |
|
Jan. 23, 2012 | |
10-10304
|
U.S. v. Solorio
Court’s failure to administer oaths to interpreters before translating government informant’s testimony at trial is not plain error warranting reversal. |
Criminal Law and Procedure |
|
Jan. 20, 2012 | |
C061723
|
People v. Gram
Court lacks discretion in recommitting defendant in a different facility than facility he was confined in when recommitment petition was filed. |
Criminal Law and Procedure |
|
Jan. 20, 2012 | |
10-63
|
Maples v. Thomas
Bar to federal review of state prisoner's habeas claim may be lifted where attorneys abandoned client, who lacked reason to believe he lacked representation. |
Criminal Law and Procedure |
|
Jan. 19, 2012 | |
10-50444
|
U.S. v. Kuok
In conspiracy case, evidence of duress must be allowed where defendant alleged that Chinese government engaged in specific and direct threats against him. |
Criminal Law and Procedure |
|
Jan. 18, 2012 | |
C064558
|
People v. Dyser
First degree burglary and assault with intent to commit rape are lesser included offenses of assault with intent to commit rape during first degree burglary. |
Criminal Law and Procedure |
|
Jan. 16, 2012 | |
A130641
|
People v. Hunter
'Pinpoint instruction,' which lightened prosecution’s burden to prove firearm enhancement, is erroneous, but does not require reversal because error was harmless. |
Criminal Law and Procedure |
|
Jan. 16, 2012 | |
S181611
|
People v. Nelson
Juvenile’s repeated requests to speak with mother during post-'Miranda' waiver interview is not clear assertion of 'Miranda' rights under circumstances of case. |
Criminal Law and Procedure |
|
Jan. 13, 2012 |