Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A139111
|
People v. Davis
Restrictive language in Prop 47 does not limit measure of ‘unreasonable risk of danger to public safety’ to Section 667(e)’s enumerated list of felonies. |
Criminal Law and Procedure |
|
Mar. 1, 2015 | |
12-50336
|
U.S. v. Valdez-Novoa
Immigration judge’s failure to inform alien of eligibility for relief does not warrant reversal of conviction where alien suffered no prejudice. |
Criminal Law and Procedure |
|
Mar. 1, 2015 | |
S093235
|
People v. Johnson
Fact that victim’s car keys were likely within her control satisfies ‘immediate presence’ carjacking requirement, and substantiates death penalty affirmance based upon special circumstances carjacking murder. |
Criminal Law and Procedure |
|
Feb. 26, 2015 | |
13-7451
|
Yates v. U.S.
Fisherman off the hook for throwing undersized fish overboard in case that hinged on interpretation of ‘tangible objects.’ |
Criminal Law and Procedure |
|
Feb. 25, 2015 | |
C074342
|
People v. Crockett
Past recidivism – coupled with presently identifiable risk of re-offense – enough to deny resentencing petition. |
Criminal Law and Procedure |
|
Feb. 24, 2015 | |
C070238
|
People v. Soria
Convictions for rape of intoxicated person and rape of unconscious person stemming from single act of intercourse are consolidated into single rape count. |
Criminal Law and Procedure |
|
Feb. 24, 2015 | |
A140704
|
In re D.D.
Smell of marijuana, presence in private parking lot, and defendant’s suspicious protection of right hip substantiate officers’ detention and search under Fourth Amendment. |
Criminal Law and Procedure |
|
Feb. 23, 2015 | |
B253135
|
People v. Tittle
Under Three Strikes Law, trial courts may impose recidivism enhancement for each of offender’s current qualifying offenses. |
Criminal Law and Procedure |
|
Feb. 19, 2015 | |
H039340
|
People v. Andrews
Instruction on <EM> Mayberry </EM> defense necessary where sexual battery defendant shows substantial evidence of mistake as to consent. |
Criminal Law and Procedure |
|
Feb. 19, 2015 | |
C074342
|
People v. Crockett
Past recidivism – coupled with presently identifiable risk of re-offense – enough to deny resentencing petition. |
Criminal Law and Procedure |
|
Feb. 19, 2015 | |
E060962
|
People v. Harris
Warrantless blood draw of motorist suspected of DUI comports with Fourth Amendment despite recent U.S. Supreme Court decision in ‘McNeely.’ |
Criminal Law and Procedure |
|
Feb. 19, 2015 | |
A135668
|
People v. Simmons
Trial court, uncomfortable with defendants’ ‘sketchy behavior,’ withdraws package plea agreement. |
Criminal Law and Procedure |
|
Feb. 19, 2015 | |
A138325
|
People v. Braslaw
Not an error to exclude optional, mistake-of-fact portion of jury instruction in rape trial where evidence did not support portion's inclusion. |
Criminal Law and Procedure |
|
Feb. 18, 2015 | |
13-50515
|
U.S. v. Dibe
Ineffective-assistance-of-counsel claim is not mitigating factor courts may consider at sentencing. |
Criminal Law and Procedure |
|
Feb. 12, 2015 | |
G048755
|
People v. Wilson
Multiple threatening statements made to single victim during single encounter justifies only one conviction for making criminal threats. |
Criminal Law and Procedure |
|
Feb. 11, 2015 | |
A134995
|
People v. Lewis
Convictions for sex crimes against child are upheld despite delay in reporting crimes that occurred in 1989. |
Criminal Law and Procedure |
|
Feb. 11, 2015 | |
B255894
|
People v. Wade
Person who carries loaded firearm inside backpack violates statute prohibiting carrying of loaded firearm ‘on the person.’ |
Criminal Law and Procedure |
|
Feb. 11, 2015 | |
B247844
|
People v. Cisneros
Prosecutor’s preference for next prospective juror over dismissed male jurors was not adequate nondiscriminatory reason for such dismissal. |
Criminal Law and Procedure |
|
Feb. 10, 2015 | |
A135668
|
People v. Simmons
Trial court, uncomfortable with defendants’ ‘sketchy behavior,’ withdraws package plea agreement. |
Criminal Law and Procedure |
|
Feb. 9, 2015 | |
C075983
|
People v. Munoz
Drug offender’s failure to object to counseling condition in trial court renders claim on appeal forfeited. |
Criminal Law and Procedure |
|
Feb. 6, 2015 | |
S215927
|
People v. Cook
Great bodily harm enhancement may not be applied to manslaughter or murder convictions. |
Criminal Law and Procedure |
|
Feb. 6, 2015 | |
13-50237
|
United States v. Burgos-Ortega
Prior state conviction properly considered for sentence enhancement, where no realistic possibility that state statute applied to conduct outside federal generic definition. |
Criminal Law and Procedure |
|
Feb. 6, 2015 | |
F067805
|
People v. Rodriguez
In deciding whether to resentence inmate under Prop. 36, trial courts need not retain expert in gauging inmate’s current dangerousness. |
Criminal Law and Procedure |
|
Feb. 6, 2015 | |
A138325
|
People v. Braslaw
Not an error to exclude optional, mistake-of-fact portion of jury instruction in rape trial where evidence did not support portion's inclusion. |
Criminal Law and Procedure |
|
Feb. 3, 2015 | |
B254093
|
In re Wilson
Juvenile homicide offender’s life without parole sentence overturned in light of U.S. Supreme Court’s ‘Miller v. Alabama’ decision. |
Criminal Law and Procedure |
|
Feb. 3, 2015 | |
H041742
|
People v. Rivera
Despite felony offense being designated as misdemeanor under Proposition 47, Courts of Appeal still have jurisdiction when crime was charged as felony. |
Criminal Law and Procedure |
|
Feb. 2, 2015 | |
H041737
|
People v. Lynall
Despite felony offense being designated as misdemeanor under Proposition 47, Courts of Appeal still have jurisdiction when crime was charged as felony. |
Criminal Law and Procedure |
|
Feb. 2, 2015 | |
G048139
|
People v. Cannata
Statements admitting child sexual abuse fall outside psychotherapist-patient privilege. |
Criminal Law and Procedure |
|
Feb. 2, 2015 | |
12-10492
|
U.S. v. Hsiung
In criminal antistrust case, convictions of all defendants affirmed; sentence of one defendant who submitted challenge affirmed; and petitions for rehearing and rehearing en banc denied. |
Criminal Law and Procedure |
|
Feb. 2, 2015 | |
G049935
|
People v. Ramirez
Defendants who provoked gang fight not necessarily disqualified from self-defense in subsequent murder prosecution. |
Criminal Law and Procedure |
|
Jan. 30, 2015 |