Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
E054475
|
People v. Batchelor
Driver’s murder conviction is overturned because he was entitled to have second jury informed of vehicular manslaughter conviction in earlier, related trial. |
Criminal Law and Procedure |
|
Oct. 9, 2014 | |
13-10588
|
U.S. v. Renzi
Former Arizona Congressman who ran insurance agency commits insurance fraud by sending misleading letters to clients and regulators to conceal diverted campaign funds. |
Criminal Law and Procedure |
|
Oct. 9, 2014 | |
B253036
|
People v. Clark
Police have no duty to investigate whether suspect may be cultivating marijuana legally under the Compassionate Use Act prior to obtaining search warrant. |
Criminal Law and Procedure |
|
Oct. 9, 2014 | |
C074662
|
People v. Rinehart
Gold prospector’s conviction for violating California’s mining permit requirement is overturned because federal mining laws possibly preempted state laws at issue. |
Criminal Law and Procedure |
|
Oct. 8, 2014 | |
12-15601
|
Clark v. Arnold
Counsel for defendant convicted of murder is not ineffective due to failure to preserve issue of defendant’s mental disorder, when law on issue was unclear. |
Criminal Law and Procedure |
|
Oct. 8, 2014 | |
12-50331
|
U.S. v. Heredia
Mexican citizen is entitled to resentencing of illegal reentry conviction because prosecutor breached fast-track plea deal by advocating harsher sentence than stipulated. |
Criminal Law and Procedure |
|
Oct. 8, 2014 | |
11-15463
|
Trillo v. Biter
Man is not entitled to habeas relief from second-degree murder conviction due to prosecutor’s inappropriate comments about witness inconsistencies and ‘lame’ story. |
Criminal Law and Procedure |
|
Oct. 6, 2014 | |
A139318
|
People v. Vaughn
Defendant unlawfully transfers firearm to police informant, even though he did not know informant was an unlicensed firearms dealer. |
Criminal Law and Procedure |
|
Oct. 6, 2014 | |
13–946
|
Lopez v. Smith
Ninth Circuit cannot rely on its own precedent in ruling it was clearly established that murderer was ambushed with new theory of liability at trial. |
Criminal Law and Procedure |
|
Oct. 6, 2014 | |
F066467
|
People v. Jones
Murderer may not reduce first-degree murder conviction where information was silent and jury did not make separate finding as to degree. |
Criminal Law and Procedure |
|
Oct. 6, 2014 | |
A138712
|
People v. Evans
Police exceed scope of private search by computer repairman in violation of Fourth Amendment by taking files and viewing videos not viewed by repairman. |
Criminal Law and Procedure |
|
Oct. 5, 2014 | |
B250069
|
People v. White
Gang member is guilty of aiding and abetting shooting at inhabited dwelling by handing gun to accomplice and directing him to shoot as victims ran. |
Criminal Law and Procedure |
|
Oct. 5, 2014 | |
S049596
|
People v. Bryant
Capital defendants fail to overturn death sentences by claiming that use of REACT belts, which could electrically shock them, violated their constitutional rights. |
Criminal Law and Procedure |
|
Oct. 2, 2014 | |
A135605
|
People v. Fields
Pimp-in-training’s felony conviction for oral copulation with minor does not violate equal protection, even if intercourse with minor is punishable as misdemeanor. |
Criminal Law and Procedure |
|
Oct. 1, 2014 | |
B252804
|
People v. Christiansen
Superior court is required to order destruction of fingerprint impressions obtained at time of arrest, after finding defendant factually innocent of charges. |
Criminal Law and Procedure |
|
Sep. 30, 2014 | |
12-50597
|
U.S. v. Aguilera-Rios
Deported Mexican citizen overturns illegal reentry conviction because his prior California firearms possession conviction was not a deportable offense to begin with. |
Criminal Law and Procedure |
|
Sep. 29, 2014 | |
13-55130
|
Deck v. Jenkins
Prosecutor misstates law by telling jurors that intent to engage in lewd act at some point in future is sufficient for conviction for attempted lewd act on child. |
Criminal Law and Procedure |
|
Sep. 29, 2014 | |
A137203
|
People v. Doss
Trial court must determine whether defendant engaged in 'serious and obstructionist misconduct' before revoking his right to represent himself. |
Criminal Law and Procedure |
|
Sep. 28, 2014 | |
B249493
|
People v. Espinosa
Trial court may not reduce first degree murder conviction to second degree murder and give lower sentence, after defendant had already filed appeal. |
Criminal Law and Procedure |
|
Sep. 25, 2014 | |
B249482
|
People v. Pennington
Harbor patrol officer, who performed necessary duties at harbor, qualifies as 'peace officer' for purposes of misdemeanor battery on peace officer conviction. |
Criminal Law and Procedure |
|
Sep. 23, 2014 | |
H038119
|
People v. Fialho
After jury convicted defendant of manslaughter, instead of murder, trial court may impose lesser enhancement for personal firearm use, rather than intentional discharge. |
Criminal Law and Procedure |
|
Sep. 23, 2014 | |
11-50003
|
U.S. v. Apel
Ninth Circuit upholds district court’s judgment in criminal case in light of U.S. Supreme Court’s 'U.S. v. Apel' decision. |
Criminal Law and Procedure |
|
Sep. 22, 2014 | |
08-17790
|
Sessoms v. Grounds
Suspect raises right to counsel by clearly articulating desire to have counsel present, when he told police that his father advised him to ask police to give him lawyer. |
Criminal Law and Procedure |
|
Sep. 22, 2014 | |
12-10189
|
U.S. v. Garcia
Government proves defendant's act of damaging apartment building with pipe bomb substantially affected interstate commerce for federal jurisdictional purposes. |
Criminal Law and Procedure |
|
Sep. 18, 2014 | |
C073061
|
People v. De La Rosa
Defendant's appeal of finding of incompetency is not rendered moot due to his restoration to competency and continuation of criminal proceedings. |
Criminal Law and Procedure |
|
Sep. 18, 2014 | |
E058212
|
People v. Watt
Jury instruction that defendant would not be guilty of receiving stolen property if he reasonably believed items were dumped does not require reversal of conviction. |
Criminal Law and Procedure |
|
Sep. 18, 2014 | |
12-16859
|
Gibbs v. LeGrand
Attorney’s failure to notify client of state court decision constitutes client abandonment, which entitles prisoner to more time to file federal habeas petition. |
Criminal Law and Procedure |
|
Sep. 17, 2014 | |
H039252
|
People v. Sem
After formally revoking defendant’s probation for failure to pay restitution, trial court must either sentence defendant to prison or reinstate probation. |
Criminal Law and Procedure |
|
Sep. 17, 2014 | |
E059517
|
People v. Chaides
Criminal complaint adequately alleges defendant had felony conviction for carrying concealed firearm while being active gang participant for three strikes purposes. |
Criminal Law and Procedure |
|
Sep. 17, 2014 | |
B248767
|
People v. Peyton
Criminal defendant’s motion to disqualify judge pursuant to due process clause fails to meet heightened standard of probability of actual bias. |
Criminal Law and Procedure |
|
Sep. 16, 2014 |