Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
09-50399
|
U.S. v. Langer
District court may rely on fingerprint-matched rap sheet in sentencing defendant absent contrary evidence of its reliability. |
Criminal Law and Procedure |
|
Aug. 23, 2010 | |
E049206
|
People v. Miller
DNA report is not testimonial statement, but rather contemporaneous recordation of observable events, and admissible as evidence at trial. |
Criminal Law and Procedure |
|
Aug. 23, 2010 | |
S029490
|
People v. Williams
Defendant’s voluntary confessions to police are properly admitted to trial, resulting in murder conviction and death sentence. |
Criminal Law and Procedure |
|
Aug. 20, 2010 | |
S153917
|
People v. Duff
Despite stay on execution of sentence, defendant is ineligible for presentence conduct credit due to second-degree murder conviction. |
Criminal Law and Procedure |
|
Aug. 20, 2010 | |
05-56795
|
In re Withers
Court erroneously dismisses 28 U.S.C. Section 2255 motion without considering merits of right to public trial and ineffective assistance of counsel claims. |
Criminal Law and Procedure |
|
Aug. 20, 2010 | |
S174633
|
Moore v. Superior Court (People)
Defendant in 'sexually violent predator' proceeding does not have due process right to not be tried or civilly committed while mentally incompetent. |
Criminal Law and Procedure |
|
Aug. 20, 2010 | |
S160930
|
In re Pope
Worktime credit earned by defendant against sentence is limited to 15 percent of term although sentence for qualifying violent felony offenses was stayed. |
Criminal Law and Procedure |
|
Aug. 20, 2010 | |
C057362
|
People v. Valli
Prosecution for evading arrest is not barred where evidence of offense was used in prior homicide trial. |
Criminal Law and Procedure |
|
Aug. 20, 2010 | |
G041759
|
People v. Eid
Victim’s lack of consent is element of ‘kidnapping for ransom’ offense and must be included in jury instruction. |
Criminal Law and Procedure |
|
Aug. 20, 2010 | |
08-30286
|
U.S. v. Rivera-Corona
Court fails to properly inquire into defendant’s financial eligibility before denying his motion for substitution of retained counsel with court-appointed counsel. |
Criminal Law and Procedure |
|
Aug. 19, 2010 | |
G040641
|
People v. Schmitz
Parolee status of front seat passenger cannot justify warrantless search of back seat. |
Criminal Law and Procedure |
|
Aug. 19, 2010 | |
08-50345
|
U.S. v. Alvarez
Stolen Valor Act, which punishes whoever falsely represents that they have been awarded medal authorized for armed forces, is unconstitutional. |
Criminal Law and Procedure |
|
Aug. 18, 2010 | |
09-30149
|
U.S. v. Dotson
Violations of state law that prohibits serving alcohol to those under 21 are properly assimilated and can be charged in federal court. |
Criminal Law and Procedure |
|
Aug. 18, 2010 | |
09-10011
|
U.S. v. Rosas
Court properly denies defendant sentencing benefit of acceptance of responsibility where defendant failed to appear at sentencing hearing. |
Criminal Law and Procedure |
|
Aug. 17, 2010 | |
07-16481
|
Campbell v. Henry
State prisoner’s pro se habeas petitions benefit from mailbox rule – petitions are considered filed when handed to prison authorities for mailing. |
Criminal Law and Procedure |
|
Aug. 16, 2010 | |
S184190
|
People v. Chikosi
Order |
Criminal Law and Procedure |
|
Aug. 13, 2010 | |
S081148
|
People v. Jennings
Father’s equivocal and evasive responses to wife’s statements of his role in killing their son are properly admitted as adoptive admissions. |
Criminal Law and Procedure |
|
Aug. 13, 2010 | |
S026408
|
People v. Lynch
Self-representation motion filed two weeks before trial is properly determined untimely where extent of trial preparation necessary would lead to substantial delay. |
Criminal Law and Procedure |
|
Aug. 13, 2010 | |
09-30284
|
U.S. v. Maddox
Police officer’s warrantless search of reckless driver’s car is unlawful wher defendant was incapable of destroying evidence or presenting threat. |
Criminal Law and Procedure |
|
Aug. 13, 2010 | |
C063113
|
People v. Jones
Court abuses its discretion by failing to make clear statement of calculation method it used in ordering victim restitution. |
Criminal Law and Procedure |
|
Aug. 12, 2010 | |
08-10240
|
U.S. v. Pineda-Doval
Transportation of illegal aliens resulting in death conviction requires proximate cause element for 'resulting in death' jury instruction. |
Criminal Law and Procedure |
|
Aug. 11, 2010 | |
09-50036
|
U.S. v. Wahid
No error exists where court recognizes its discretion to reduce defendant’s sentence for non-predicate offenses but chooses not to exercise such discretion. |
Criminal Law and Procedure |
|
Aug. 11, 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 |
|
Aug. 11, 2010 | |
S078404
|
People v. Brady
Calls received by hotline are irrelevant where no further evidence exists that calls were connected to motive or opportunity to commit crime. |
Criminal Law and Procedure |
|
Aug. 10, 2010 | |
D055087
|
People v. Jones
Conviction for shooting at occupied vehicle is proper where jury believed that defendant's hand or gun was inside vehicle when she shot into it. |
Criminal Law and Procedure |
|
Aug. 10, 2010 | |
B215310
|
People v. Hall
Chain of custody is adequate where blood sample is shown to have no reasonable indication of alteration. |
Criminal Law and Procedure |
|
Aug. 10, 2010 | |
S055415
|
People v. Cowan
10-year delay between commission of murder and filing of charges does not violate defendant’s due process rights where delay was justified. |
Criminal Law and Procedure |
|
Aug. 6, 2010 | |
B224400
|
In re Coley
Lengthy sentence for failure to update sex offender registration under Three Strikes law does not violate Eighth Amendment. |
Criminal Law and Procedure |
|
Aug. 5, 2010 | |
C061186
|
People v. Busch
Requiring proof of knowledge of weight of narcotic is not essential to convicting individual of transporting more than 28.5 grams of marijuana. |
Criminal Law and Procedure |
|
Aug. 5, 2010 | |
C063661
|
People v. Stanley
When criminal damages vehicle, trial court may award victim cost of repairing vehicle, even if that amount exceeds vehicle’s replacement value. |
Criminal Law and Procedure |
|
Aug. 4, 2010 |