Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
07-99006
|
Mickey v. Ayers
Murder suspect held in Japanese prison awaiting extradition is not coerced into giving incriminating statements on flight back to United States. |
Criminal Law and Procedure |
|
Jun. 8, 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. 8, 2010 | |
09-50164
|
U.S. v. Castro
Lewd or lascivious act on child of 14 or 15 years by defendant over ten years older is not crime of violence. |
Criminal Law and Procedure |
|
Jun. 7, 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 |
|
Jun. 4, 2010 | |
G041014
|
People v. Chikosi
Accuracy records of breathalyzer tests are not hearsay and can be basis of qualified witness testimony. |
Criminal Law and Procedure |
|
Jun. 4, 2010 | |
07-99005
|
Schad v. Ryan
Habeas petitioner who failed to develop facts necessary for ineffective assistance claim is entitled to hearing on diligence and reasonableness of efforts. |
Criminal Law and Procedure |
|
Jun. 4, 2010 | |
B212210
|
People v. Chung
Exigent circumstances exist for officers to search residence without warrant where officers had reasonable cause to believe that dog was in distress. |
Criminal Law and Procedure |
|
Jun. 4, 2010 | |
08-1301
|
Carr v. U.S.
Sex Offender Registration and Notification Act does not apply to sex-offenders who traveled interstate and failed to register before Act’s enactment. |
Criminal Law and Procedure |
|
Jun. 2, 2010 | |
08-1470
|
Berghuis v. Thompkins
Suspect waives right to remain silent by making uncoerced statement to police during interrogation in which he largely remained silent. |
Criminal Law and Procedure |
|
Jun. 2, 2010 | |
A127100
|
Gressett v. Superior Court (People)
Former deputy district attorney indicted of sodomy and rape fails to have private attorney appointed as his trial counsel at county expense. |
Criminal Law and Procedure |
|
Jun. 1, 2010 | |
S058537
|
People v. Collins
Juror’s use of home computer to draw diagram of shooting was part of individual contemplation of evidence, rather than misconduct. |
Criminal Law and Procedure |
|
May 28, 2010 | |
S164011
|
People v. Jacinto
Legal deportation of witness does not violate defendant’s right to compulsory process where no evidence of prosecutorial misconduct is presented. |
Criminal Law and Procedure |
|
May 28, 2010 | |
09-30120
|
U.S. v. Blinkinsop
Special condition on supervised release is overbroad where it fails to consider offender’s children when imposing restriction on where offender may go. |
Criminal Law and Procedure |
|
May 28, 2010 | |
B213097
|
People v. Ramirez
For Penal Code Section 12022.55 enhancement to apply to defendant’s sentence, victim must not be occupant of motor vehicle. |
Criminal Law and Procedure |
|
May 27, 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 |
|
May 27, 2010 | |
C057666
|
People v. Weddles
Brother of owner of property is robbery victim because he knew location of taken items in apartment he frequented. |
Criminal Law and Procedure |
|
May 27, 2010 | |
09-50192
|
U.S. v. Orozco-Acosta
Warrant of removal is not testimonial statement violating defendant’s right to confront witness, and may be entered into evidence. |
Criminal Law and Procedure |
|
May 27, 2010 | |
08-55728
|
Pearson v. Muntz
District court properly determines that state court’s decision approving governor's decision to reject parole was unreasonable application of 'some evidence' test. |
Criminal Law and Procedure |
|
May 26, 2010 | |
08-17576
|
Lunbery v. Hornbeak
Defendant’s right to present complete defense is violated where court fails to consider all evidence of alternative suspect in determining admissibility. |
Criminal Law and Procedure |
|
May 26, 2010 | |
09-15341
|
Taylor v. Sisto
Preinstruction to prospective jurors requiring them to set aside personal experiences is flawed. |
Criminal Law and Procedure |
|
May 26, 2010 | |
E048184
|
People v. Casas
Embezzlement conviction stands even if defendant intended to return trade-in vehicle, which he drove nearly 400 miles to buy drugs. |
Criminal Law and Procedure |
|
May 26, 2010 | |
B212766
|
Garber v. Superior Court (People)
'Place of residence' exemptions do not apply to firearms charges where defendant used trailer for transportation when encounter with victim occurred. |
Criminal Law and Procedure |
|
May 26, 2010 | |
D056808
|
People v. Wynn
Sentence for weapons enhancement for using nunchaku in Walmart burglary is stayed because act was punished under assault with deadly weapon counts. |
Criminal Law and Procedure |
|
May 25, 2010 | |
09-8852
|
Jefferson v. Upton
Appellate court must consider all exceptions to determine whether defendant received full and fair evidentiary hearing in state court. |
Criminal Law and Procedure |
|
May 24, 2010 | |
08-1341
|
U.S. v. Marcus
Appellate court wrongfully interprets plain-error rule, allowing for retrial where error did not affect appellant’s substantial right. |
Criminal Law and Procedure |
|
May 24, 2010 | |
08-1569
|
U.S. v. O'Brien
Machine gun use is element to be determined by jury under 18 U.S.C. Section 924(c), not sentencing enhancement to be determined by judge. |
Criminal Law and Procedure |
|
May 24, 2010 | |
S171163
|
People v. Castillo
Sexually violent predator’s stipulation that commitment extensions are limited to two-year periods despite change in law is upheld under judicial estoppel. |
Criminal Law and Procedure |
|
May 24, 2010 | |
S056891
|
People v. Thompson
Prospective jurors may be excused based on written questionnaire alone where jurors’ views about death penalty are clear from responses. |
Criminal Law and Procedure |
|
May 24, 2010 | |
08-56218
|
Ponce v. Felker
Supreme Court ruling that 'forfeiture by wrongdoing' exception to confrontation right only applies if defendant intended to prevent testimony does not apply retroactively. |
Criminal Law and Procedure |
|
May 24, 2010 | |
G040600
|
People v. Nguyen
Non-identical sex offenses occurring in different jurisdictions may be tried together because both offenses belong to same class of crimes. |
Criminal Law and Procedure |
|
May 23, 2010 |