Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
08-30170
|
U.S. v. Kohring
Prosecution violates disclosure obligations by failing to provide information to accused regarding discrepancy in evidence supporting public corruption charges. |
Criminal Law and Procedure |
|
Mar. 14, 2011 | |
09-10307
|
U.S. v. Bonilla
Court errs in denying defendant’s presentence motion to withdraw guilty plea due to inadequate legal advice regarding immigration consequences. |
Criminal Law and Procedure |
|
Mar. 14, 2011 | |
09-15821
|
U.S. v. 1996 Freightliner Fld Tractor VIN 1FUYDXYB0TP822291
Government has 90 days to file complaint for forfeiture because claimant did not file cost bond with claim of ownership. |
Criminal Law and Procedure |
|
Mar. 14, 2011 | |
10-30056
|
U.S. v. Eriksen
Trustee of 401(k) retirement plan commits embezzlement by failing to contribute to plan and using employee contributions for operating expenses. |
Criminal Law and Procedure |
|
Mar. 10, 2011 | |
10-15048
|
Houston v. Schomig
No conflict of interest exists where public defender’s office, but not attorney himself, previously represented key witness against defendant. |
Criminal Law and Procedure |
|
Mar. 9, 2011 | |
F059737
|
People v. Bauer
Defendant is not entitled to reinstatement of Proposition 36 probation because he made no effort to comply with drug treatment condition. |
Criminal Law and Procedure |
|
Mar. 9, 2011 | |
09-868
|
Wall v. Kholi
Motion to reduce sentence under state law is application for ‘collateral review’ triggering tolling provision under Antiterrorism and Effective Death Penalty Act. |
Criminal Law and Procedure |
|
Mar. 8, 2011 | |
10-30084
|
U.S. v. Williams
Sentence of life term of supervised release for repeat sex offender is not cruel and unusual punishment under Eighth Amendment. |
Criminal Law and Procedure |
|
Mar. 8, 2011 | |
D055704
|
People v. Rodriguez
Court properly denies defendant’s motion seeking discovery of officer’s personnel file due to counsel’s failure to perfect record on appeal. |
Criminal Law and Procedure |
|
Mar. 8, 2011 | |
09-10362
|
U.S. v. Sepulveda-Barraza
Expert testimony regarding structure and operation of drug-trafficking organizations, including unknowing couriers, is properly admitted. |
Criminal Law and Procedure |
|
Mar. 4, 2011 | |
09-6822
|
Pepper v. U.S.
District court may consider evidence of defendant's postsentencing rehabilitation at resentencing, and such evidence may support downward variance from guidelines range. |
Criminal Law and Procedure |
|
Mar. 3, 2011 | |
B218687
|
People v. Powers
Customer’s phone calls to customer comment line, which were laced with vulgarities but not obscene or threatening, do not support misdemeanor conviction. |
Criminal Law and Procedure |
|
Mar. 3, 2011 | |
B224697
|
People v. Koontz
Trial court is vested with discretion to strike prior serious felony conviction to afford maximum allowable presentence conduct credits. |
Criminal Law and Procedure |
|
Mar. 3, 2011 | |
A124895
|
People v. Smith
Forensic analyst’s testimony based on another analyst’s underlying report does not violate defendant’s right to confront witness where testifying expert made substantive findings. |
Criminal Law and Procedure |
|
Mar. 2, 2011 | |
H035317
|
In re Rodriguez
Parole reversal is properly vacated because record did not support governor’s finding that inmate currently posed danger to society if released. |
Criminal Law and Procedure |
|
Mar. 2, 2011 | |
B214397
|
People v. Leiva
Court retains power over defendant because he was neither discharged nor sentenced to prison between probation revocation and arrest years later. |
Criminal Law and Procedure |
|
Mar. 2, 2011 | |
09-150
|
Michigan v. Bryant
Victim’s responses to police questioning as he lay mortally wounded in parking lot after being shot by defendant are nontestimonial and admissible. |
Criminal Law and Procedure |
|
Mar. 1, 2011 | |
S175615
|
People v. Hernandez
Court must make individualized finding as to necessity of placing deputy behind testifying defendant and may not allow procedure pursuant to routine policy. |
Criminal Law and Procedure |
|
Mar. 1, 2011 | |
08-56349
|
Alaimalo v. U.S.
Prisoner is entitled to habeas relief where he makes showing of actual innocence that he was unable to raise in previous habeas proceedings. |
Criminal Law and Procedure |
|
Mar. 1, 2011 | |
B221016
|
People v. Ramos
Attempted murder jury instruction requires only that defendant had intent to kill, rather than varying degrees of mens rea as in murder charge. |
Criminal Law and Procedure |
|
Mar. 1, 2011 | |
H034892
|
Magallan v. Superior Court (People)
Discovery of materials to prove violation of Fourth Amendment rights takes precedence over state statute that prohibits discovery in criminal cases. |
Criminal Law and Procedure |
|
Feb. 28, 2011 | |
S080550
|
People v. Lee
Victim being found partially clothed does not undermine jury’s finding based on other evidence that defendant committed murder during commission of attempted rape. |
Criminal Law and Procedure |
|
Feb. 25, 2011 | |
09-50632
|
U.S. v. Salazar-Mojica
Felony conviction later reduced to misdemeanor has no effect on sentencing because defendant was convicted of felony at time of offense. |
Criminal Law and Procedure |
|
Feb. 25, 2011 | |
B227337
|
People v. Superior Court (Salter)
People are entitled to jury trial to resolve conflicts regarding state of prisoner’s mental disorder in involuntary commitment proceedings. |
Criminal Law and Procedure |
|
Feb. 25, 2011 | |
F058350
|
People v. Brown
Evidence of prior acts of domestic violence is properly admitted in murder trial where defendant has history of such violence with victim and previous girlfriends. |
Criminal Law and Procedure |
|
Feb. 24, 2011 | |
09-996
|
Walker v. Martin
Established state procedural requirement, although discretionary, is still adequate state grounds to deny federal habeas petition. |
Criminal Law and Procedure |
|
Feb. 24, 2011 | |
09-10242
|
U.S. v. Lynn
Dual convictions for both receiving and possessing child pornography violates double jeopardy prohibition where convictions are based on same conduct. |
Criminal Law and Procedure |
|
Feb. 24, 2011 | |
09-50666
|
U.S. v. Watson
Defendant’s supervised release is properly tolled where he maintains fugitive status until his arrest by federal authorities, despite previous arrests by state authorities. |
Criminal Law and Procedure |
|
Feb. 24, 2011 | |
S180759
|
People v. Troyer
Warrantless search of residence is proper where officer has objectively reasonable belief that additional shooting victims may need assistance inside. |
Criminal Law and Procedure |
|
Feb. 23, 2011 | |
S110541
|
People v. Murtishaw
Court properly denies defendant’s request for jury instructions to weigh in factors other than those enumerated under effective statute. |
Criminal Law and Procedure |
|
Feb. 23, 2011 |