Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
08-17523
|
Krainski v. State of Nevada
Police officers who arrest university co-ed based on false statements receive qualified immunity for Fourth Amendment claim. |
Criminal Law and Procedure |
|
Aug. 3, 2010 | |
S083904
|
People v. Verdugo
Court properly denies motion for co-counsel in capital case where no facts or complex issues are presented warranting appointment of second attorney. |
Criminal Law and Procedure |
|
Aug. 3, 2010 | |
08-35204
|
Cheney v. Washington
Court properly denies ineffective assistance of counsel claim where counsel’s objection to prosecutor’s closing statement was only slightly delayed, causing no prejudice. |
Criminal Law and Procedure |
|
Aug. 3, 2010 | |
08-50206
|
U.S. v. Monday
Government is not required to prove postal service employee possessed specific intent to permanently deprive for conviction for removing contents of mail. |
Criminal Law and Procedure |
|
Aug. 3, 2010 | |
07-30199
|
U.S. v. Gallegos
District court properly imposes partially concurrent and partially consecutive sentence for escape charge. |
Criminal Law and Procedure |
|
Aug. 2, 2010 | |
09-50029
|
U.S. v. Forrester
Knowing and voluntary requirement for guilty plea does not extend to defendant’s rejection of plea offers. |
Criminal Law and Procedure |
|
Aug. 2, 2010 | |
E049321
|
People v. Alvarado
Since there is no equal protection violation, man convicted of attempted lewd acts on child under 14 must register as sex offender. |
Criminal Law and Procedure |
|
Aug. 2, 2010 | |
S015384
|
People v. Letner
Police officer’s traffic stop and ensuing detention of driver and passenger does not lack reasonable suspicion. |
Criminal Law and Procedure |
|
Jul. 30, 2010 | |
S167051
|
People v. Perez
Defendant is guilty of single count of attempted murder for firing shot at group with intent to kill, but without targeting any individual. |
Criminal Law and Procedure |
|
Jul. 30, 2010 | |
S172903
|
In re Prather
Court may not limit evidence Board of Parole Hearings is statutorily required to consider in determining prisoner’s suitability for parole. |
Criminal Law and Procedure |
|
Jul. 30, 2010 | |
D055088
|
People v. Busser
Insurer is not entitled to restitution for repair costs where it would have paid costs even if defendant had not lied about accident. |
Criminal Law and Procedure |
|
Jul. 30, 2010 | |
07-55305
|
Porter v. Ollison
Equitable tolling is available where attorney’s misconduct for running 'writ mill' caused delay in federal habeas petition filing. |
Criminal Law and Procedure |
|
Jul. 30, 2010 | |
B212580
|
People v. Wong
Bribery conviction is properly supported by evidence that state commissioner advocated and acted on behalf of company in negotiations with commission. |
Criminal Law and Procedure |
|
Jul. 29, 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 |
|
Jul. 28, 2010 | |
09-30183
|
U.S. v. Crews
For sentencing purposes, Oregon second-degree assault offense constitutes 'crime of violence.' |
Criminal Law and Procedure |
|
Jul. 26, 2010 | |
S170778
|
People v. Anderson
Man convicted of leaving scene of accident is properly required to pay restitution to victim’s hospital. |
Criminal Law and Procedure |
|
Jul. 23, 2010 | |
S170550
|
Galindo v. Superior Court (City of Los Angeles Police Dept.)
Although defendant may file 'Pitchess' motion before preliminary hearing, pendency of motion is not good cause for postponing hearing. |
Criminal Law and Procedure |
|
Jul. 23, 2010 | |
07-99010
|
Cox v. Ayers
Counsel who elects to pursue strategy that was not based on defendant’s limited childhood abuse does not provide ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Jul. 23, 2010 | |
08-10450
|
U.S. v. Thomas
Former professional cyclist’s statements are proper basis for perjury conviction because they were not literally true. |
Criminal Law and Procedure |
|
Jul. 23, 2010 | |
B216345
|
Davis v. Superior Court (People)
Before court considers disclosing informant’s identity, in camera hearing should be held for murder suspect to show that informant could exonerate him. |
Criminal Law and Procedure |
|
Jul. 23, 2010 | |
09-50038
|
U.S. v. Maciel-Alcala
‘Another person’ as used for purposes of sentencing enhancement for identity theft includes both living and deceased actual individuals. |
Criminal Law and Procedure |
|
Jul. 22, 2010 | |
B216149
|
People v. Eusebio
Penal Code Section 4019 does not have retroactive application to award defendant presentence conduct credit. |
Criminal Law and Procedure |
|
Jul. 21, 2010 | |
09-10058
|
U.S. v. Lewis
Court does not abuse its discretion by dismissing case without prejudice where some pretrial delays were not violations of Speedy Trial Act. |
Criminal Law and Procedure |
|
Jul. 21, 2010 | |
09-30260
|
U.S. v. Burkett
Pat-down search is lawful where officer reasonably believed that passenger was armed based on furtive movements, evasive responses, and reaching for pocket. |
Criminal Law and Procedure |
|
Jul. 21, 2010 | |
B214200
|
People v. Glazier
Burglary-by-instrument doctrine is properly applied to neighbor who uses tools to reach over and into crawlspace to light house on fire. |
Criminal Law and Procedure |
|
Jul. 20, 2010 | |
C061208
|
People v. Knightbent
Fees imposed to support local crime prevention programs are criminal, not restitution, fines to which additional assessments may be added. |
Criminal Law and Procedure |
|
Jul. 20, 2010 | |
S029011
|
People v. Solomon
First-degree murder conviction requiring deliberation and premeditation is supported by evidence that defendant expressed violence towards victims and nature of killing. |
Criminal Law and Procedure |
|
Jul. 16, 2010 | |
S053228
|
People v. Alexander
Motion to dismiss charges is properly denied where information from prosecution’s interception of privileged telephone call was not used. |
Criminal Law and Procedure |
|
Jul. 16, 2010 | |
07-99023
|
Rhoades v. Henry
Ineffective assistance of counsel claim fails where defendant's proffer containing mitigating circumstances would not have outweighed aggravating circumstances for death sentence. |
Criminal Law and Procedure |
|
Jul. 16, 2010 | |
B221187
|
In re Torres
Parole board may not retain parole for offender, released on parole for five years, who has been on parole continuously for three years. |
Criminal Law and Procedure |
|
Jul. 16, 2010 |