Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B212437
|
People v. Sokolsky
Court has discretion to refuse to allow defendant to represent himself in commitment proceedings under Sexually Violent Predator’s Act. |
Criminal Law and Procedure |
|
Sep. 22, 2010 | |
08-15943
|
Souliotes v. Evans
Statute of limitations for actual innocence claim does not require defendant to use maximum diligence, just ‘reasonable’ diligence to discover new evidence. |
Criminal Law and Procedure |
|
Sep. 21, 2010 | |
09-10249
|
U.S. v. Begay
SORNA requires sex offenders to keep their registration current even if change of address is to different Arizona address within Navajo Nation. |
Criminal Law and Procedure |
|
Sep. 21, 2010 | |
09-30373
|
U.S. v. Morsette
Court is not required to give instruction on self-defense, which explains that need for self-defense is most acute in person's home. |
Criminal Law and Procedure |
|
Sep. 21, 2010 | |
B223625
|
Anthony v. Superior Court (People)
Offense-based prescription of life imprisonment for attempted murder offense punishable by life imprisonment ‘may be brought at any time’ under Penal Code Section 799. |
Criminal Law and Procedure |
|
Sep. 21, 2010 | |
H034382
|
People v. Bailey
Crime of escape from prison requires showing that prisoner has gone beyond boundary of prison facility having custody of prisoner. |
Criminal Law and Procedure |
|
Sep. 20, 2010 | |
05-30541
|
U.S. v. Moreland
‘Proceeds’ in federal money-laundering charge must be defined as only ‘profits’ in instruction to jury. |
Criminal Law and Procedure |
|
Sep. 20, 2010 | |
09-30397
|
U.S. v. Bohn
Under Property Clause, National Park Services may enforce traffic and motor vehicle regulations within federal land in order to protect public. |
Criminal Law and Procedure |
|
Sep. 20, 2010 | |
A123984
|
People v. Fenderson
Conviction for grand theft is supported by substantial evidence where caretaker removed over $300,000 from elderly woman's bank accounts after her death. |
Criminal Law and Procedure |
|
Sep. 20, 2010 | |
09-30436
|
U.S. v. Albritton
Defendant’s use of gun pointed directly at victims of robbery is correctly considered weapon ‘otherwise used,’ not ‘brandished,’ for sentencing enhancement purposes. |
Criminal Law and Procedure |
|
Sep. 17, 2010 | |
E048655
|
People v. Lopez
Effective date of statute imposing facilities assessment for criminal conviction is determined by date of conviction, not crime, to determine applicability. |
Criminal Law and Procedure |
|
Sep. 16, 2010 | |
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 |
|
Sep. 16, 2010 | |
09-10303
|
U.S. v. Pool
Government’s interest in definitively determining defendant’s identity outweighs defendant’s privacy interest in giving DNA sample as condition of pre-trial release. |
Criminal Law and Procedure |
|
Sep. 15, 2010 | |
05-10067
|
U.S. v. Comprehensive Drug Testing Inc.
Government may not claim plain view doctrine to retain drug test records of baseball players after conducting broad seizure of computer files. |
Criminal Law and Procedure |
|
Sep. 14, 2010 | |
A127159
|
People v. Laufasa
State court may condition probation and prohibit defendant from illegally entering country without overstepping immigration power vested solely in federal government. |
Criminal Law and Procedure |
|
Sep. 13, 2010 | |
06-50580
|
U.S. v. Bennett
Bank fraud convictions are improper where fraudulently obtained mortgages were loaned by subsidiary of bank insured by FDIC. |
Criminal Law and Procedure |
|
Sep. 13, 2010 | |
09-50267
|
U.S. v. Espinoza-Morales
State convictions for sexual battery and penetration with foreign object do not constitute ‘crimes of violence’ for sentencing purposes. |
Criminal Law and Procedure |
|
Sep. 13, 2010 | |
C063460
|
In re Taplett
Criminal’s failure to accept full responsibility for murder is evidence supporting current level of dangerousness and supports reversal of grant of parole. |
Criminal Law and Procedure |
|
Sep. 13, 2010 | |
09-201
|
Opinion of Brown
Coroner's office may lawfully provide Dept. of Justice with samples from deceased inmates and need not notify next of kin before doing so. |
Criminal Law and Procedure |
|
Sep. 13, 2010 | |
F057896
|
People v. Ireland
Forcible rape conviction is supported by sufficient evidence where defendant’s use of weapon negated victims’ previous consent to sexual intercourse. |
Criminal Law and Procedure |
|
Sep. 9, 2010 | |
C057609
|
People v. Minor
Only minimal due process rights apply to probation extension proceedings because extension is only potential grievous loss to probationer’s liberty. |
Criminal Law and Procedure |
|
Sep. 9, 2010 | |
07-99016
|
Heishman v. Ayers
Prosecution’s failure to correct witness’s false testimony is immaterial where testimony would not change jury’s verdict. |
Criminal Law and Procedure |
|
Sep. 9, 2010 | |
08-16186
|
Thompson v. Runnel
'Miranda' warning is ineffective when police deliberately withheld warning until after obtaining in-custody confession. |
Criminal Law and Procedure |
|
Sep. 9, 2010 | |
09-30183
|
U.s. v. Crews
For sentencing purposes, Oregon second-degree assault offense constitutes 'crime of violence.' |
Criminal Law and Procedure |
|
Sep. 9, 2010 | |
B207285
|
People v. Cox
Trial court properly determines that prosecutor’s reasons for peremptory challenges in voir dire were not based on race. |
Criminal Law and Procedure |
|
Sep. 8, 2010 | |
B207285n
|
People v. Cox
Trial court properly determines that prosecutor’s reasons for peremptory challenges in voir dire were not based on race. |
Criminal Law and Procedure |
|
Sep. 8, 2010 | |
09-15546
|
McCormick v. Adams
Criminal defendant knowingly and voluntarily waives right to counsel when record reflects he was competent and enthusiastically exercised his right to self-representation. |
Criminal Law and Procedure |
|
Sep. 7, 2010 | |
09-50088
|
U.S. v. Munoz-Camarena
Subsequent conviction for simple possession is felony, not aggravated felony, for purposes of sentencing following conviction for illegal reentry after deportation. |
Criminal Law and Procedure |
|
Sep. 7, 2010 | |
C059440
|
People v. Jones
Under amendment to Penal Code Section 4019, stricken prior serious felony conviction may entitle defendant to award of additional presentence custody credit. |
Criminal Law and Procedure |
|
Sep. 7, 2010 | |
09-10134
|
U.S. v. Millis
Distribution of purified water bottles in national wildlife refuge does not constitute ‘disposal of waste’ in violation of 50 C.F.R. Section 27.94(a). |
Criminal Law and Procedure |
|
Sep. 3, 2010 |