Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
G043395
|
Fleming v. Superior Court (People)
School district superintendent does not unlawfully appropriate public money by having subordinates compile lists of individuals who supported recall of school board. |
Criminal Law and Procedure |
|
Jan. 21, 2011 | |
S083899
|
People v. Booker
Although trial court administered oath to grand jurors after they had heard some testimony, defendant suffered no prejudice and is not entitled to relief. |
Criminal Law and Procedure |
|
Jan. 21, 2011 | |
S085193
|
People v. Nelson
Defendant’s act of pulling himself up from open car window to aim at intended victim, but firing at officers instead, constitutes intent to kill victim. |
Criminal Law and Procedure |
|
Jan. 21, 2011 | |
S167531
|
People v. Soto
Child victim’s consent is not defense to charge of aggravated lewd act on child under 14. |
Criminal Law and Procedure |
|
Jan. 21, 2011 | |
B218065
|
People v. White
Custodians of records must be given oath during in camera hearing on discovery motion for court decision to be valid. |
Criminal Law and Procedure |
|
Jan. 21, 2011 | |
08-99021
|
Lopez v. Ryan
State’s former law requiring causal connection between mitigating evidence and crime does not violate defendant’s right where record reflects court considered all mitigating evidence. |
Criminal Law and Procedure |
|
Jan. 21, 2011 | |
09-30311
|
U.S. v. Basher
Officers properly question defendant and seize weapon where they have reasonable suspicion of criminal activity following reports of gunfire and illegal campfire. |
Criminal Law and Procedure |
|
Jan. 21, 2011 | |
B214134
|
People v. Armas
Defendant's failure to return to agency where initial sex offender registration took place within five days of moving to downtown shelter supports conviction. |
Criminal Law and Procedure |
|
Jan. 20, 2011 | |
09-658
|
Premo v. Moore
Counsel’s decision to decline to make motion to suppress confession to police is not ineffective assistance in light of admissible confession to witnesses. |
Criminal Law and Procedure |
|
Jan. 20, 2011 | |
08-17360
|
Liberal v. Estrada
Police officer does not have discretionary immunity from false imprisonment claim relating to traffic stop because act is not discretionary policy decision. |
Criminal Law and Procedure |
|
Jan. 20, 2011 | |
A128543
|
Schoenfeld v. Board of Parole Hearings
Board of Parole Hearings may order rescission hearing based on granting panel's failure to adequately consider gravity of convictions. |
Criminal Law and Procedure |
|
Jan. 20, 2011 | |
07-36086
|
Miller v. Oregon Board of Parole and Post-Prison Supervision
Oregon statute creates liberty interest in early eligibility for parole, and Oregon Board of Parole does not violate due process by denying parole for lack potential rehabilitation. |
Criminal Law and Procedure |
|
Jan. 19, 2011 | |
B217709
|
In re Caballero
Juvenile gang defendant’s sentence of 110 years to life for premeditated attempted murder does not constitute cruel and unusual punishment. |
Criminal Law and Procedure |
|
Jan. 19, 2011 | |
B222025
|
Sharp v. Superior Court (People)
Amendment to discovery law authorizes court to order psychiatric examination of defendant, who pleads not guilty by reason of insanity, by prosecution-retained expert. |
Criminal Law and Procedure |
|
Jan. 19, 2011 | |
A124613
|
People v. Hollinquest
Preliminary hearing testimony of witness, later deemed ‘unavailable,’ is admissible because defendant had opportunity and did cross-examine witness during preliminary hearing. |
Criminal Law and Procedure |
|
Jan. 18, 2011 | |
09-50459
|
U.S. v. Lindsey
Denial of defendant’s last peremptory challenge based on court’s counting error does not require reversal of conviction where conviction is supported by sufficient evidence. |
Criminal Law and Procedure |
|
Jan. 18, 2011 | |
07-50334
|
U.S. v. Doss
Witness tampering charge is improper where defendant requests that his wife exercise her marital privilege against testifying, and does not engage in ‘corrupt’ persuasion. |
Criminal Law and Procedure |
|
Jan. 18, 2011 | |
C060804
|
People v. Dixon
Pandering conviction requires defendant to encourage another to engage in prostitution with others, not offer money in exchange for sex with himself. |
Criminal Law and Procedure |
|
Jan. 18, 2011 | |
D055649
|
People v. Higgins
Prosecutor’s questioning and remarks regarding defense expert’s previous trial experience aimed to cast him in unfavorable light is reversible misconduct. |
Criminal Law and Procedure |
|
Jan. 14, 2011 | |
A117787
|
People v. Hill
Gang expert can rely on inadmissible evidence in giving opinion testimony on defendant’s motivation to murder police officer. |
Criminal Law and Procedure |
|
Jan. 14, 2011 | |
07-10487
|
U.S. v. Begay
Defendant’s calculated actions before and after shooting demonstrate premeditation adequate to support conviction for first degree murder. |
Criminal Law and Procedure |
|
Jan. 13, 2011 | |
D054980
|
People v. Saibu
In new abstract of judgment, trial court must credit defendant's sentence when sentence is modified pursuant to California Rules of Court Rule 4.452. |
Criminal Law and Procedure |
|
Jan. 11, 2011 | |
B223752
|
People v. Sharret
Court violates Penal Code Section 654 in failing to stay criminal laboratory fee as to stayed conviction because fee was punitive in nature. |
Criminal Law and Procedure |
|
Jan. 10, 2011 | |
07-99014
|
Hayes v. Ayers
Media coverage of case, which did not significantly interfere with trial, does not result in impartial jury violating defendant’s right to fair trial. |
Criminal Law and Procedure |
|
Jan. 9, 2011 | |
C062411
|
In re Miranda
Habeas corpus petition for review of decision denying parole is moot where petitioner has already been released from custody following subsequent hearing. |
Criminal Law and Procedure |
|
Jan. 9, 2011 | |
D055889
|
People v. Morehead
Court has no duty to instruct jury on ‘fear’ in robbery context and even if erroneous, error was harmless beyond reasonable doubt. |
Criminal Law and Procedure |
|
Jan. 9, 2011 | |
G040716
|
People v. Wilkins
Felony-murder liability does not terminate when perpetrator reaches place of temporary safety if felony and killing are within one continuous transaction. |
Criminal Law and Procedure |
|
Jan. 9, 2011 | |
B222758
|
People v. Sigala
Instruction defining lewd and lascivious conduct for purposes of continuous sexual abuse statute accurately states that touching need not be done in lewd manner. |
Criminal Law and Procedure |
|
Jan. 6, 2011 | |
09-50235
|
U.S. v. Carona
Defendant who tried to persuade witness to provide false testimony commits witness tampering even if he did not want witness to withhold all testimony. |
Criminal Law and Procedure |
|
Jan. 6, 2011 | |
B216207
|
People v. Avila
Trial court properly appoints conflict counsel for competency hearing where defendant's threat to kill his public defender created conflict of interest. |
Criminal Law and Procedure |
|
Jan. 6, 2011 |