Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B251469
|
People v. Sokau
Appellant's failure to raise objection to interpreter during trial results in forfeiture on appeal. |
Criminal Law and Procedure |
|
Jun. 23, 2015 | |
14-6368
|
Kingsley v. Hendrickson et al
Objective reasonableness standard - rather than subjective standard - appropriate when analyzing excessive force claims brought by pretrial detainees. |
Criminal Law and Procedure |
|
Jun. 22, 2015 | |
S107782
|
In re Welch
Petitioner not entitled to habeas relief because he has not demonstrated prejudice for failure to provide evidence of child abuse. |
Criminal Law and Procedure |
|
Jun. 22, 2015 | |
A138786
|
People v. Saez
Sentencing court improperly relied on record of conviction to make disputed determination that defendant's prior Wisconsin conviction qualified as 'strike' to increase sentence. |
Criminal Law and Procedure |
|
Jun. 21, 2015 | |
11-99003
|
Mitchell v. United States
Claim of ineffective assistance of counsel fails where counsel adequately investigated and made reasonable strategic decisions regarding intoxication defense and mitigation evidence. |
Criminal Law and Procedure |
|
Jun. 21, 2015 | |
13-1433
|
Brumfield v. Cain
Death row inmate claiming mental disability is entitled to have his <EM>Atkins</EM> claim heard on the merits. |
Criminal Law and Procedure |
|
Jun. 18, 2015 | |
13-1428
|
Davis v. Ayala
Any federal constitutional error from defense counsel's exclusion from 'Batson' proceedings is harmless because defendant failed to show he suffered 'actual prejudice.' |
Criminal Law and Procedure |
|
Jun. 18, 2015 | |
14-378
|
McFadden v. United States
Knowledge requirement from Controlled Substances Act must be applied in prosecution of purveyor of a controlled substance analogue. |
Criminal Law and Procedure |
|
Jun. 18, 2015 | |
13-10530
|
U.S. v. Lizarraga-Tirado
Google Earth satellite image and machine-generated digital 'tack' labeled with GPS coordinates make no assertion and are, thus, not hearsay. |
Criminal Law and Procedure |
|
Jun. 18, 2015 | |
12-17062
|
Seeboth v. Allenby
California's differential treatment of sexually violent predators from other civilly committed persons with respect to recommitment trials does not violate equal protection. |
Criminal Law and Procedure |
|
Jun. 18, 2015 | |
D065056
|
People v. Forrest
Probation condition restricting probationer from being in presence of weapon is unconstitutionally overbroad because it essentially denied her right to access courts. |
Criminal Law and Procedure |
|
Jun. 18, 2015 | |
D060969
|
People v. White
Descriptions of various indicators of non-consent to sex, found in different subdivisions of Penal Code Section 261, do not establish basis for multiple counts of rape stemming from a single act of intercourse. |
Criminal Law and Procedure |
|
Jun. 18, 2015 | |
B255784
|
People v. DeJongh
Mother who stipulated to children's extended visit with grandparents commits child custody deprivation when she instead took children to Mexico. |
Criminal Law and Procedure |
|
Jun. 18, 2015 | |
H040903
|
People v. Contreras
Probation condition prohibiting probationer from using, possessing, or otherwise accessing 'surveillance equipment' was unconstitutionally vague and overbroad. |
Criminal Law and Procedure |
|
Jun. 17, 2015 | |
05-99009
|
Washington v. Ryan
Where notice of appeal is untimely, court does not have jurisdiction to consider denial of habeas petition. |
Criminal Law and Procedure |
|
Jun. 17, 2015 | |
B254084
|
People v. Allen
Excusal of three African-American female prospective jurors who had close family members with mental health issues does not show group bias. |
Criminal Law and Procedure |
|
Jun. 17, 2015 | |
B260928
|
People v. Hickman
Proposition 47 gives trial court discretion to order one year of supervised parole without consideration of presentence custody credits. |
Criminal Law and Procedure |
|
Jun. 17, 2015 | |
E059713
|
People v. Noriega
Rape victim's lack of memory during cross-examination did not constitute deliberate refusal to answer questioning that would justify exclusion of her testimony. |
Criminal Law and Procedure |
|
Jun. 17, 2015 | |
13-36185
|
Newman v. Wengler
Prisoner not entitled to habeas relief based on allegedly unlawfully seized evidence where he had full and fair opportunity to litigate Fourth Amendment claims in state court. |
Criminal Law and Procedure |
|
Jun. 16, 2015 | |
S202921
|
People v. Le
High court precedent instructs that penal code prohibits imposition of two sentencing enhancements where both are for being armed in the commission of a single offense. |
Criminal Law and Procedure |
|
Jun. 15, 2015 | |
A136337
|
People v. Curlee
Government must show differential treatment of sexually violent predators from persons not guilty by reason of insanity is justified before compelling testimony. |
Criminal Law and Procedure |
|
Jun. 14, 2015 | |
12-50608
|
U.S. v. Yamashiro
Counsel's absence during victim witness' allocution violates defendant's Sixth Amendment right to counsel, warranting resentencing. |
Criminal Law and Procedure |
|
Jun. 14, 2015 | |
12-50477
|
U.S. v. Alcantara-Castillo
Defendant's conviction overturned where prosecutor improperly compelled defendant to comment on key witness' veracity and impermissibly vouched for same witness. |
Criminal Law and Procedure |
|
Jun. 11, 2015 | |
C075331
|
People v. Namphonh
Trial court properly ordered sex offender to pay victim's medical examination costs despite claim of present inability to pay. |
Criminal Law and Procedure |
|
Jun. 11, 2015 | |
E057279
|
People v. Garcia
Instructing on the legal impossibility of conspiracy to commit attempted murder is error but error was harmless. |
Criminal Law and Procedure |
|
Jun. 10, 2015 | |
13-50636
|
U.S. v. Osuna-Alvarez
Aggravated identity theft under 18 U.S.C. Section 1028A does not require theft as an element of the offense. |
Criminal Law and Procedure |
|
Jun. 10, 2015 | |
12-17503
|
Zapata v. Vasquez
Gang member is entitled to habeas relief where counsel's failure to object to prosecutor's inflammatory, fabricated, and ethnically charged remarks, constituted ineffective assistance. |
Criminal Law and Procedure |
|
Jun. 9, 2015 | |
12-56258
|
Lee v. Jacquez
State's failure to prove rule is an adequate state law ground barring federal review results in reversal and consideration of claims on the merits. |
Criminal Law and Procedure |
|
Jun. 9, 2015 | |
12-99005
|
Bemore v. Chappell
Prisoner entitled to reduction of life sentence to life without parole based on ineffective assistance of counsel because jury might have been persuaded by mitigating evidence. |
Criminal Law and Procedure |
|
Jun. 9, 2015 | |
B253580
|
People v. Chung
Consecutive sentences on three offer to sell counts violated bar on multiple punishment for 'single act' under Penal Code Section 654. |
Criminal Law and Procedure |
|
Jun. 9, 2015 |