Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
C063603
|
People v. Burns
Court errs in instructing jury in second trial that defendant committed aggravated trespassing, thus invoking collateral estoppel against defendant. |
Criminal Law and Procedure |
|
Sep. 14, 2011 | |
F059511
|
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 |
|
Sep. 12, 2011 | |
09-10504
|
U.S. v. McCarty
Airport search of defendant’s luggage, which was conducted during course of limited administrative search, is not unlawful. |
Criminal Law and Procedure |
|
Sep. 12, 2011 | |
D057741
|
People v. Julian
Defendant’s manslaughter conviction may be enhanced based on grievous injuries to other victims, but not victim’s own injuries. |
Criminal Law and Procedure |
|
Sep. 9, 2011 | |
10-50391
|
U.S. v. Santini
Evidence based on vague ‘rap sheet’ is inadmissible to support allegation that defendant had extensive prior law enforcement contacts. |
Criminal Law and Procedure |
|
Sep. 9, 2011 | |
11-210
|
Gray v. Kelly
Application for stay of district court's briefing schedule until court acts on petition for writ of certiorari is denied because petitioner invoked inapplicable standard. |
Criminal Law and Procedure |
|
Sep. 8, 2011 | |
08-99006
|
Sivak v. Hardison
Defendant’s due process rights are violated where state’s failure to correct informant’s false testimony prejudiced defendant at penalty phase. |
Criminal Law and Procedure |
|
Sep. 8, 2011 | |
10-30254
|
U.S. v. Rodgers
Probable cause to arrest passenger does not create automatic probable cause to search vehicle without facts indicating vehicle contains evidence of crime. |
Criminal Law and Procedure |
|
Sep. 8, 2011 | |
07-99019
|
Ybarra v. McDaniel
Petitioner exhausts state claim regarding denial of change of venue motion where denial was reviewed on interlocutory appeal. |
Criminal Law and Procedure |
|
Sep. 7, 2011 | |
07-99020
|
Payton v. Cullen
Habeas relief is unwarranted where there was no reasonable probability that defendant’s post-traumatic stress disorder defense carried weight. |
Criminal Law and Procedure |
|
Sep. 6, 2011 | |
A125542
|
People v. Buza
Seizure of DNA pursuant to statute, which required DNA samples from felony arrestees immediately following arrest, violates Fourth Amendment. |
Criminal Law and Procedure |
|
Sep. 2, 2011 | |
10-15067
|
Jackson v. Ryan
Jury instruction adding different language to element of felony murder relieves prosecution of burden to prove every element, violating defendant’s due process rights. |
Criminal Law and Procedure |
|
Sep. 2, 2011 | |
10-30132
|
U.S. v. Lafley
Government has compelling interest in denying convicted drug felon exemption under Religious Freedom Restoration Act to use marijuana during supervised release. |
Criminal Law and Procedure |
|
Sep. 2, 2011 | |
09-30334
|
U.S. v. Hunt
Court errs in imposing heightened sentence for defendant based on specific drug type, even though defendant never admitted to possessing particular drug. |
Criminal Law and Procedure |
|
Sep. 2, 2011 | |
A130758
|
People v. Parodi
Conviction for bringing controlled substance into correctional facility is not ‘nonviolent drug possession offense’ under Substance Abuse and Crime Prevention Act. |
Criminal Law and Procedure |
|
Sep. 1, 2011 | |
E049333
|
People v. Muniz
Court’s definition of instruction term regarding reasonable doubt is proper where there is no reasonable likelihood jurors applied instruction in unconstitutional manner. |
Criminal Law and Procedure |
|
Sep. 1, 2011 | |
G045192
|
Strong v. Superior Court (People)
Prosecution of defendants for murder based on amended statute violates ex post facto principles where victim died 29 years after assault. |
Criminal Law and Procedure |
|
Aug. 31, 2011 | |
10-30125
|
U.S. v. Crowder
Proof that defendant knew of facts that constitute offense is sufficient for conviction for failure to register as sex offender under Sex Offender Registration and Notification Act. |
Criminal Law and Procedure |
|
Aug. 31, 2011 | |
H035626
|
People v. Torres
Sentence enhancement imposed on defendant is improper where based on offense that was not submitted to jury for conviction. |
Criminal Law and Procedure |
|
Aug. 31, 2011 | |
C065058
|
People v. Lopez
Defendant’s act of luring victim into secluded alley reflects utter indifference to victim’s life, which supports special circumstance for robbery-murder. |
Criminal Law and Procedure |
|
Aug. 31, 2011 | |
S045078
|
People v. Clark
Witness-murder special circumstance applies where defendant did not have common criminal intent toward both victims upon initiation of first criminal act. |
Criminal Law and Procedure |
|
Aug. 30, 2011 | |
D058671
|
In re Hill
Counsel’s assistance is ineffective where she failed to obtain photographs of victim and expert to contradict prosecution expert's testimony. |
Criminal Law and Procedure |
|
Aug. 30, 2011 | |
B224042
|
People v. Le
Conviction for possession of ‘controlled substance’ is improper where prosecution failed to show MDMA, which was not listed in definition, qualified as controlled substance. |
Criminal Law and Procedure |
|
Aug. 30, 2011 | |
07-50408
|
U.S. v. Stinson
Venue is proper in district where defendant committed essential conduct of committing violent crime, even where physical element of crime occurred elsewhere. |
Criminal Law and Procedure |
|
Aug. 29, 2011 | |
S076582
|
People v. Blacksher
Court does not err in relying on third report regarding defendant’s competency after previous reports yielded different results. |
Criminal Law and Procedure |
|
Aug. 26, 2011 | |
S045696
|
People v. Garcia
Defendant challenging grand jury selection process must make showing of purposeful discrimination, including statistical proof of substantial discrimination against suspect group. |
Criminal Law and Procedure |
|
Aug. 26, 2011 | |
09-10294
|
U.S. v. Matus-Zayas
Admission of material witnesses’ videotaped depositions at trial is improper without government’s showing of unavailability. |
Criminal Law and Procedure |
|
Aug. 25, 2011 | |
10-50134
|
U.S. v. Barajas-Alvarado
Alien criminal defendant is entitled to some meaningful review of proceedings resulting in expedited removal order to determine violation of due process rights. |
Criminal Law and Procedure |
|
Aug. 25, 2011 | |
F060054
|
People v. Mace
Driver has duty to ascertain what assistance injured person may need where he knows that person involved in accident is injured. |
Criminal Law and Procedure |
|
Aug. 25, 2011 | |
H036383
|
People v. Barajas
Probation condition prohibiting probationer’s presence adjacent to any campus must use language that has reasonable specificity to survive vagueness claim. |
Criminal Law and Procedure |
|
Aug. 24, 2011 |