Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B254183
|
People v. Walker
Drunk driver must pay restitution to all named and unnamed victims in eight-car accident that was treated as single incident. |
Criminal Law and Procedure |
|
Dec. 15, 2014 | |
E061117
|
People v. Superior Court (Ward)
Trial court erroneously finds that offender’s flash incarcerations did not constitute custodial sanctions for purposes of his eligibility for early release from supervision. |
Criminal Law and Procedure |
|
Dec. 15, 2014 | |
S213894
|
Packer v. Superior Court (People)
Trial court errs in failing to hold evidentiary hearing on recusal motion to resolve dispute related to defendant’s relationship with prosecutor’s children, warranting reversal. |
Criminal Law and Procedure |
|
Dec. 12, 2014 | |
C067260
|
People v. Hernandez
Juvenile offender’s sentence of 61 years to life constitutes cruel and unusual punishment despite new law allowing him to seek parole within his lifetime. |
Criminal Law and Procedure |
|
Dec. 12, 2014 | |
12-50598
|
U.S. v. Camou
Warrantless search of arrestee’s cell phone is unconstitutional because it occurred more than one hour after arrest and intervening acts made search unreasonable. |
Criminal Law and Procedure |
|
Dec. 12, 2014 | |
H037353
|
People v. Sanchez
Juvenile offender’s life sentence without parole is overturned in light of recent U.S. and California Supreme Court decisions requiring consideration of ‘attributes of youth’ during sentencing. |
Criminal Law and Procedure |
|
Dec. 12, 2014 | |
E059859
|
People v. Gonzalez
Gang member who flashed gang signs, gun fingers, and throat slashing gestures at off-duty officers may be prosecuted for criminal threats. |
Criminal Law and Procedure |
|
Dec. 11, 2014 | |
D064639
|
Maas v. Superior Court (People)
Habeas corpus petitioner has absolute right to peremptory challenge judge assigned to his case, whom petitioner claimed was biased against him. |
Criminal Law and Procedure |
|
Dec. 11, 2014 | |
A139464
|
People v. Rahbari
Businessman may escape paying entire $100,300 in restitution where trial court imposed split sentence on his conviction for passing checks with insufficient funds. |
Criminal Law and Procedure |
|
Dec. 11, 2014 | |
B246522
|
People v. Murillo
Mistrial in murder case must be granted when witness refused to answer over 100 leading questions by prosecutor about his out-of-court statements identifying shooter. |
Criminal Law and Procedure |
|
Dec. 9, 2014 | |
S209975
|
People v. Lavender
Juror misconduct in discussing defendants’ decisions not to testify is not categorically prejudicial so as to require automatic reversal or new trial. |
Criminal Law and Procedure |
|
Dec. 8, 2014 | |
E056791
|
People v. Robinson
Wife who poured scalding water over husband overturns simple mayhem conviction because offense was lesser included offense of her aggravated mayhem conviction. |
Criminal Law and Procedure |
|
Dec. 8, 2014 | |
C073771
|
People v. Oehmigen
Inmate is not entitled to resentencing hearing involving petition to recall sentence because his record of conviction clearly demonstrate his ineligibility for requested relief. |
Criminal Law and Procedure |
|
Dec. 7, 2014 | |
S209957
|
People v. Centeno
Prosecutor's visual aid and poorly worded closing statements regarding reasonable doubt burden of proof constitute misconduct because they misstated law. |
Criminal Law and Procedure |
|
Dec. 4, 2014 | |
B246329
|
People v. Kirvin
Trial court may deny criminal defendant’s right to self-representation based on his repeated absences and refusal to meet with court-appointed experts. |
Criminal Law and Procedure |
|
Dec. 4, 2014 | |
B253193
|
In re Butler
Trial court improperly overturns Governor’s decision to veto prisoner’s release because some evidence supported Governor’s finding that prisoner was still dangerous. |
Criminal Law and Procedure |
|
Dec. 4, 2014 | |
B251272
|
People v. Kunes
Escapee may not withdraw plea based on ignorance of necessity defense where he, his attorney, and prosecutor were well aware of facts surrounding defense. |
Criminal Law and Procedure |
|
Dec. 3, 2014 | |
A125542
|
People v. Buza
California’s DNA Act, which required DNA samples from felony arrestees immediately following arrest, violates California Constitution. |
Criminal Law and Procedure |
|
Dec. 3, 2014 | |
C073949
|
People v. Chaney
Offender cannot take advantage of new resentencing law redefining ‘unreasonable risk to public safety’ because definition does not apply retroactively. |
Criminal Law and Procedure |
|
Dec. 2, 2014 | |
B252794
|
People v. Bolian
Trial court improperly revokes defendant’s probation where record demonstrates that court was unaware it had discretionary power to reinstate and modify probation. |
Criminal Law and Procedure |
|
Dec. 2, 2014 | |
E057890
|
People v. Parker
Trial court may revoke defendant’s outpatient status although revocation was made prior to defendant’s placement in outpatient program. |
Criminal Law and Procedure |
|
Dec. 2, 2014 | |
A140054
|
People v. Jones
Warrantless blood draw does not violate drunk driving suspect’s Fourth Amendment rights because he was under active probation supervision, which included search and seizure condition. |
Criminal Law and Procedure |
|
Nov. 30, 2014 | |
A135650
|
People v. Miller
Trial court properly excludes murder suspect’s case specific hearsay statements included in psychologist’s report, which suspect’s expert relied upon in forming opinions. |
Criminal Law and Procedure |
|
Nov. 30, 2014 | |
B254183
|
People v. Walker
Drunk driver must pay restitution to all named and unnamed victims in eight-car accident that was treated as single incident. |
Criminal Law and Procedure |
|
Nov. 27, 2014 | |
B250709
|
People v. $2,709 United States Currency
California’s civil forfeiture law requiring simultaneous trial is inapplicable in case involving less than $25,000 in cash and where defendant enters plea to criminal charges. |
Criminal Law and Procedure |
|
Nov. 27, 2014 | |
13-50123
|
U.S. v. Gavilanes-Ocaranza
Supervised release revocation proceeding that takes place four years after defendant’s original criminal prosecution does not violate defendant's right to speedy trial. |
Criminal Law and Procedure |
|
Nov. 25, 2014 | |
C069195
|
People v. Phoenix
Sentencing court pronouncing aggregate term and imposing combined sentence must determine presentence custody credits even if previous case is from different county. |
Criminal Law and Procedure |
|
Nov. 24, 2014 | |
A138758
|
People v. Moreno
Denial of ex-felon’s petition for certificate of rehabilitation does not violate equal protection because he became ineligible once his felonies were reduced to misdemeanors. |
Criminal Law and Procedure |
|
Nov. 24, 2014 | |
12-56080
|
Gant v. County of Los Angeles
District court improperly dismisses detainee’s due process claim against Los Angeles County where genuine issue over alleged mistaken identity remained. |
Criminal Law and Procedure |
|
Nov. 24, 2014 | |
13-10146
|
U.S. v. Brooks
Supervisor’s out-of-court statement violates drug offender’s confrontation rights because supervisor was not unavailable and offender did not have opportunity for cross-examination. |
Criminal Law and Procedure |
|
Nov. 24, 2014 |