Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
08-30312
|
U.S. v. Struckman
Suppression of evidence is adequate remedy for government misconduct in investigation where defendant accused of massive tax fraud fled to Panama. |
Criminal Law and Procedure |
|
Jun. 30, 2010 | |
C060490
|
People v. Beaver
Court improperly gives jury instruction on larceny where evidence shows employer is actually victim of theft by false pretenses. |
Criminal Law and Procedure |
|
Jun. 30, 2010 | |
C064437
|
In re Rodden
Since her Kentucky conviction is not equivalent to California’s child procurement offense, new resident need not register as sex offender. |
Criminal Law and Procedure |
|
Jun. 30, 2010 | |
S074804
|
People v. Hartsch
Court properly denies severance of charges where evidence would be admissible in all trials for charged offenses. |
Criminal Law and Procedure |
|
Jun. 29, 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 |
|
Jun. 29, 2010 | |
B212529
|
People v. Beckley
Prosecution's failure to authenticate photograph that was downloaded from defendant's home page on MySpace.com should have barred its admission into evidence. |
Criminal Law and Procedure |
|
Jun. 28, 2010 | |
G042328
|
People v. International Fidelity Insurance Co.
Surety is obligated to guarantee defendant's appearance on any charge in amended information where charge was based on acts supporting original complaint. |
Criminal Law and Procedure |
|
Jun. 28, 2010 | |
D054343
|
People v. Vang
Expert’s opinion of defendants’ intent and knowledge based on thinly veiled hypothetical scenario is improperly admitted. |
Criminal Law and Procedure |
|
Jun. 28, 2010 | |
09-50190
|
U.S. v. Buzo-Zepeda
California’s sentencing cap and allowance for defendant to circumvent cap has no effect on criminal history calculation under United States Sentencing Guidelines. |
Criminal Law and Procedure |
|
Jun. 28, 2010 | |
09-50665
|
U.S. v. King
Transferee court with subsequent jurisdiction over defendant has power to revoke supervised release for violations occurring before transfer occurred. |
Criminal Law and Procedure |
|
Jun. 28, 2010 | |
E048326
|
People v. Bloom
911 dispatcher’s citizen’s arrest of harassing caller, which occurred via telephone, is lawful where arrest occurred promptly. |
Criminal Law and Procedure |
|
Jun. 28, 2010 | |
09-158
|
Magwood v. Patterson
Second state-ordered death sentence is considered new judgment that cannot bar challenge as ‘second or successive.’ |
Criminal Law and Procedure |
|
Jun. 25, 2010 | |
S153170
|
People v. Gastello
Arrestee’s involuntary presence in jail does not prohibit him from being charged for bringing controlled substance into custodial setting. |
Criminal Law and Procedure |
|
Jun. 25, 2010 | |
S151961
|
People v. Low
Violation for knowingly bringing controlled substance into custodial setting applies to arrestees involuntarily entering jail on separate offense. |
Criminal Law and Procedure |
|
Jun. 25, 2010 | |
08-1394
|
Skilling v. U.S.
Honest-services fraud offense includes only actions by officers involving kickback or bribery schemes. |
Criminal Law and Procedure |
|
Jun. 25, 2010 | |
08-876
|
Black v. U.S.
Corporate executives indicted for mail fraud do not forfeit objections to jury instructions by successfully opposing government-proposed special-verdict forms. |
Criminal Law and Procedure |
|
Jun. 25, 2010 | |
E048416
|
People v. Garcia
Psychotherapist-patient privilege applies to restitution proceedings where victim is entitled to restitution for crime by statute. |
Criminal Law and Procedure |
|
Jun. 24, 2010 | |
E048027
|
People v. Lopez
Constructive ‘touching’ occurs where defendant, with sexually-motivated intent, directs minors to undress themselves outside his presence. |
Criminal Law and Procedure |
|
Jun. 24, 2010 | |
B217743
|
Schaffer v. Superior Court (People)
Prosecution is not required to provide defendant who retained counsel with copies of discoverable items free of charge. |
Criminal Law and Procedure |
|
Jun. 24, 2010 | |
C060135
|
People v. Weber
Defendant is competent to waive right to counsel where he knowingly understands proceedings, despite attempts to thwart proceedings with outrageous actions. |
Criminal Law and Procedure |
|
Jun. 24, 2010 | |
E047842
|
People v. Tompkins
Victim’s generic testimony, combined with defendant’s own statements, is sufficient evidence to support child molestation conviction. |
Criminal Law and Procedure |
|
Jun. 24, 2010 | |
09-50018
|
U.S. v. Valencia-Barragan
Conviction for rape of child who is 12 or 13-years-old constitutes crime of violence warranting 16-level sentence increase. |
Criminal Law and Procedure |
|
Jun. 23, 2010 | |
B214086
|
People v. Ogle
Stalking is act of domestic violence admissible to prove propensity to commit subsequent crime of making criminal threats. |
Criminal Law and Procedure |
|
Jun. 23, 2010 | |
C060358
|
People v. Morris
Defendant’s knowledge of victim’s mental impairment, without knowledge of its affect on victim’s functionality, does not meet sentencing enhancement requirements. |
Criminal Law and Procedure |
|
Jun. 23, 2010 | |
A125270
|
People v. Henry
Evidence seized from defendant's car incident to arrest is admissible where officers relied in good faith upon decision allowing search of entire compartment. |
Criminal Law and Procedure |
|
Jun. 22, 2010 | |
S170528
|
People v. Fontana
Court’s failure to conduct hearing to determine admissibility of evidence is harmless error where evidence has little probable value. |
Criminal Law and Procedure |
|
Jun. 22, 2010 | |
09-50238
|
U.S. v. Baston
Court’s discretion to grant restitution as condition of supervised release applies to defendant convicted of Internal Revenue Code violations. |
Criminal Law and Procedure |
|
Jun. 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 |
|
Jun. 21, 2010 | |
B216348
|
People v. Davis
Felon who pleads no contest is not required to pay court facilities fee where conviction occurred before fee statute went into effect. |
Criminal Law and Procedure |
|
Jun. 21, 2010 | |
A125861
|
Gardner v. Superior Court (County of Contra Costa)
Court must hear request for funds by indigent defendant in trial of capital case where defendant was charged with murder with special circumstances. |
Criminal Law and Procedure |
|
Jun. 21, 2010 |