Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
08-30222
|
U.S. v. Waters
Articles advocating violence should not be entered into evidence where probative value is insignificant against their prejudicial nature. |
Criminal Law and Procedure |
|
Dec. 6, 2010 | |
10-15471
|
Gilman v. Schwarzenegger
Enactment increasing deferral period for parole hearings does not violate Ex Post Facto Clause absent showing of significant risk of prolonging prison term. |
Criminal Law and Procedure |
|
Dec. 6, 2010 | |
E049430
|
People v. Indiana Lumbermens Mutual Insurance Co.
Trial court cannot forfeit bond if complaint is not filed within 15 days of original arraignment, even if arraignment was continued to later date. |
Criminal Law and Procedure |
|
Dec. 6, 2010 | |
08-30381
|
U.S. v. Milovanovic
Persons need not have fiduciary relationship with victim or cause economic deprivation to victim to be found liable for mail fraud. |
Criminal Law and Procedure |
|
Dec. 5, 2010 | |
09-30131
|
U.S. v. Bush
Defendant may be convicted of both fraud and transactional money laundering where stages of transactions were spaced, and proceeds were therefore profits, not receipts. |
Criminal Law and Procedure |
|
Dec. 5, 2010 | |
B215387
|
People v. Favor
Court properly declines to instruct jury on natural and probable consequences doctrine as to attempted premeditated murder. |
Criminal Law and Procedure |
|
Dec. 2, 2010 | |
08-10185
|
U.S. v. Lazarenko
Co-conspirator, who was partly victimized, is not entitled to restitution where he willingly participated in, and profited from, criminal enterprise. |
Criminal Law and Procedure |
|
Dec. 2, 2010 | |
C063710
|
People v. Atencio
Defendant may be sentenced for firearm theft and firearm possession where both offenses, although part of same act, were committed with different objectives. |
Criminal Law and Procedure |
|
Dec. 1, 2010 | |
G041481
|
People v. Ennis
Defendant’s attack on witnesses’ credibility does not render testimony of conduct impossible and thus testimony is not subject to inherent improbability standard. |
Criminal Law and Procedure |
|
Dec. 1, 2010 | |
06-56093
|
Maxwell v. Roe
Court errs in concluding jailhouse informant testified truthfully despite overwhelming amount of evidence demonstrating informant’s pattern of perjury. |
Criminal Law and Procedure |
|
Nov. 30, 2010 | |
09-30063
|
U.S. v. Lightfoot
Court properly denies defendant’s motion to reduce sentence after reviewing defendant’s behavior of violence and finding he still remained dangerous. |
Criminal Law and Procedure |
|
Nov. 30, 2010 | |
09-50292
|
U.S. v. Johnson
District court errs in imposing condition of supervised release prohibiting defendant from associating with persons associated with gang. |
Criminal Law and Procedure |
|
Nov. 29, 2010 | |
B219915
|
People v. Smith
Opening of dryer door by officer to stop noise is not unreasonable search where noise inhibited safety sweep of premises during probation compliance check. |
Criminal Law and Procedure |
|
Nov. 29, 2010 | |
08-17478
|
Douglas v. Jacquez
Re-sentencing of defendant by state court for lesser-included offense would not subject defendant to double jeopardy in violation of Fifth Amendment. |
Criminal Law and Procedure |
|
Nov. 25, 2010 | |
F058589
|
People v. Soojian
Defendant is entitled to new trial for meeting burden of establishing that different result is probable on retrial based on newly discovered evidence. |
Criminal Law and Procedure |
|
Nov. 25, 2010 | |
09-50335
|
U.S. v. Steel
Appellate court has no interlocutory jurisdiction over defendant’s motion to dismiss conviction because double jeopardy claim is not colorable. |
Criminal Law and Procedure |
|
Nov. 23, 2010 | |
B225943
|
In re Twinn
Governor's reversal of parole grant is overturned where finding that petitioner minimized his role in offense did not show current dangerousness. |
Criminal Law and Procedure |
|
Nov. 23, 2010 | |
B219279
|
People v. Carr
Prosecutor’s comment on defendant’s failure to produce any alibi witnesses does not violate defendant’s Fifth Amendment Rights. |
Criminal Law and Procedure |
|
Nov. 23, 2010 | |
B218424
|
People v. Shrier
Eavesdropping orchestrated by agents, which pierced confidential attorney-client communications, does not warrant dismissal of case. |
Criminal Law and Procedure |
|
Nov. 23, 2010 | |
A126229
|
People v. Blocker
Trial court does not abuse discretion by denying application for 'certificate of rehabilitation' because applicant insisted on his innocence. |
Criminal Law and Procedure |
|
Nov. 23, 2010 | |
09-99011
|
Gollehon v. Mahoney
Death sentence for ‘deliberate homicide by accountability’ conviction is reasonably clear sentence for conduct constituting deliberate homicide. |
Criminal Law and Procedure |
|
Nov. 22, 2010 | |
C061749
|
People v. Gallego
Defendant has no reasonable expectation of privacy in cigarette butt discarded in public and subsequent DNA testing does not violate Fourth Amendment rights. |
Criminal Law and Procedure |
|
Nov. 22, 2010 | |
G041195
|
People v. Duarte
Where street terrorism charge requires element of underlying firearm discharge felony, defendant may only be sentenced pursuant to one charge. |
Criminal Law and Procedure |
|
Nov. 18, 2010 | |
S176171
|
Kling v. Superior Court (People)
Court may allow disclosure of identity of subpoenaed third party and nature of documents sought by defendant in criminal trial. |
Criminal Law and Procedure |
|
Nov. 18, 2010 | |
S058025
|
People v. Foster
Defendant’s prior offenses are properly admitted to prove common plan in robbing and assaulting women while they were alone in offices. |
Criminal Law and Procedure |
|
Nov. 18, 2010 | |
B223468
|
People v. Labelle
Felony vandalism constitutes qualifying offense for 'mentally disordered offender' finding where defendant shattered window while officer stood next to it. |
Criminal Law and Procedure |
|
Nov. 18, 2010 | |
E048123
|
People v. Poroj
Concurrence of felonious intent and causing great bodily injury is enough for sentence enhancement, and separate finding of intent to inflict injury is unnecessary. |
Criminal Law and Procedure |
|
Nov. 18, 2010 | |
B217438
|
People v. Baldwin
Trial court errs by excluding hearsay evidence of defendant's inconsistent statements on ground that defendant was required to testify. |
Criminal Law and Procedure |
|
Nov. 18, 2010 | |
09-50559
|
U.S. v. Anderson
Felony convictions resulting from nolo contendere pleas sufficiently support defendant's federal indictment for being felon in possession of firearm. |
Criminal Law and Procedure |
|
Nov. 17, 2010 | |
09-479
|
Abbott v. U.S.
Additional five-year minimum prison term for 18 U.S.C. Section 924(c) offense is proper where no other law imposes greater minimum for same conduct. |
Criminal Law and Procedure |
|
Nov. 15, 2010 |