Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B222978
|
People v. Garcia
Restitution may not be awarded for potential economic loss to victims in case involving seized DVDs and CDs. |
Criminal Law and Procedure |
|
Apr. 19, 2011 | |
09-50532
|
U.S. v. Valdovinos-Mendez
Admission of defendant’s certificate of nonexistence of record and Alien Registration File into evidence did not violate his confrontation right under Sixth Amendment. |
Criminal Law and Procedure |
|
Apr. 18, 2011 | |
B224758
|
People v. Placencia
Defendant's appeal from denial of motion to vacate judgment following plea is dismissed due to failure to obtain certificate of probable cause. |
Criminal Law and Procedure |
|
Apr. 18, 2011 | |
09-10319
|
U.S. v. Tucker
Shotgun found inside defendant’s master bedroom closet supports finding of felony firearm possession where defendant was sole adult occupant of apartment. |
Criminal Law and Procedure |
|
Apr. 17, 2011 | |
H035418
|
People v. Pacheco
Despite prior juvenile adjudication, court must use higher ratio for calculating defendant’s conduct credit. |
Criminal Law and Procedure |
|
Apr. 14, 2011 | |
G043313
|
People v. Murdoch
Court errs in failing to institute competency hearing where defendant's defense to felony assault charge was that victim was not human. |
Criminal Law and Procedure |
|
Apr. 13, 2011 | |
10-10022
|
U.S. v. Pelisamen
Wire fraud conviction remains valid although instructions and jury verdict form included 'money or property' and invalid honest-services theories. |
Criminal Law and Procedure |
|
Apr. 13, 2011 | |
H035370
|
People v. Brunette
Comparative fault analysis is inapplicable to reduce restitution award to animal welfare agency that arranged for rescued dogs’ care. |
Criminal Law and Procedure |
|
Apr. 13, 2011 | |
H035075
|
People v. Sanchez
Certified letter, which was offered as sole evidence to show defendant was not registered owner of firearm, is inadmissible as violative of Sixth Amendment. |
Criminal Law and Procedure |
|
Apr. 12, 2011 | |
05-50902
|
U.S. v. Inzunza
District judge properly relies on co-conspirator statements and party opponent admissions to convict former city councilman of extortion. |
Criminal Law and Procedure |
|
Apr. 12, 2011 | |
09-50372
|
U.S. v. Apodaca
Lifetime term of supervised release for possession-only child pornographer is not unreasonable where court based its decision on defendant’s particular circumstances. |
Criminal Law and Procedure |
|
Apr. 12, 2011 | |
10-15760
|
Roberts v. Hartley
State’s decision to deny parole does not violate due process where inmate received opportunity to be heard and explanation of denial. |
Criminal Law and Procedure |
|
Apr. 12, 2011 | |
A124598
|
People v. Magee
Defendant does not have reasonable expectation of privacy inside residence he visited as social guest on numerous occasions. |
Criminal Law and Procedure |
|
Apr. 12, 2011 | |
B222214
|
People v. Villatoro
Sentence enhancement for use of stun gun during commitment of offenses is supported by expert testimony that device is dangerous and deadly. |
Criminal Law and Procedure |
|
Apr. 12, 2011 | |
D056974
|
People v. Byrd
Defendant may be sentenced under ‘one strike law’ where simple kidnapping is followed by aggravated kidnapping of same victim in course of events. |
Criminal Law and Procedure |
|
Apr. 10, 2011 | |
D057405
|
In re Russo
'Some evidence' supports decision to deny parole because inmate explained that his actions on night of crime were unintentional. |
Criminal Law and Procedure |
|
Apr. 10, 2011 | |
D056444
|
People v. Morgan
Hate crime statute applied to elevate misdemeanor conviction to felony conviction is properly found to be prior serious felony for sentencing purposes. |
Criminal Law and Procedure |
|
Apr. 7, 2011 | |
09-10095
|
U.S. v. Greer
Extortion conviction does not require that defendant have specific intent to violate law, but knowledge he was not legally entitled to property he tried to obtain. |
Criminal Law and Procedure |
|
Apr. 7, 2011 | |
09-50580
|
U.S. v. Delgado-Ramos
Court is not required to inform defendant of immigration consequences of plea where Supreme Court decision merely casts doubt on precedent. |
Criminal Law and Procedure |
|
Apr. 7, 2011 | |
10-50131
|
U.S. v. Ewing
Officer has probable cause to search folded bills placed in car’s weather stripping during traffic stop based on totality of circumstances. |
Criminal Law and Procedure |
|
Apr. 7, 2011 | |
E050297
|
People v. Indiana Lumbermens Mutual Insurance Co.
Court does not lose jurisdiction to declare bond forfeited due to defendant’s failure to attend proceeding where his appearance was not required. |
Criminal Law and Procedure |
|
Apr. 7, 2011 | |
H034191
|
In re Borlik
15 percent credit earning limitation applies to prisoner although court struck sentence for violent felony and stayed sentence on qualifying offense. |
Criminal Law and Procedure |
|
Apr. 6, 2011 | |
D056138
|
People v. Shockman
Defendant’s prior conviction for similar drug offense is admissible to show his modus operandi of wrapping baggies of drugs with cocktail napkins. |
Criminal Law and Procedure |
|
Apr. 5, 2011 | |
E050247
|
People v. Arevalo-Iraheta
No due process violation occurs where defendant had notice of lesser counts of pleaded offense, which prosecution added during trial. |
Criminal Law and Procedure |
|
Apr. 5, 2011 | |
08-55728
|
Pearson v. Muntz
Federal habeas petition challenging denial of parole does not violate due process where inmate alleges insufficient evidence of future dangerousness as basis of decision. |
Criminal Law and Procedure |
|
Apr. 5, 2011 | |
B222463
|
People v. Valdez
Defendant may be sentenced per occurrence, not victim, under ‘one strike law,’ where sex offenses were committed against multiple victims. |
Criminal Law and Procedure |
|
Apr. 5, 2011 | |
09-1088
|
Cullen v. Pinholster
Ninth Circuit errs in granting habeas relief to petitioner because counsel’s strategy to evoke sympathy during penalty phase was reasonable under circumstances. |
Criminal Law and Procedure |
|
Apr. 4, 2011 | |
09-99001
|
Samayoa v. Ayers
State court’s rejection of defendant’s ineffective assistance of counsel claim is reasonable where new mitigating evidence does not outweigh overwhelming aggravating evidence. |
Criminal Law and Procedure |
|
Apr. 4, 2011 | |
07-17318
|
Wilson v. Knowles
Court’s speculation on how jury might have evaluated disputed facts of untried previous crime does not fall into prior conviction exception to increase defendant’s sentence. |
Criminal Law and Procedure |
|
Apr. 3, 2011 | |
08-16973
|
Cooper v. Neven
Federal review is not precluded when state court’s decision to deny habeas relief rested primarily on federal law, rather than independent and adequate state grounds. |
Criminal Law and Procedure |
|
Apr. 3, 2011 |