Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B248383
|
People v. Lofchie
University of California faculty member may not be criminally prosecuted for participating in decision to hire his wife for summer study abroad course. |
Criminal Law and Procedure |
|
Aug. 27, 2014 | |
13-30170
|
U.S. v. Mendez
Under Washington law, adult’s prior juvenile adjudication for firearm possession constitutes conviction that may serve as basis for federal felon-in-possession charge. |
Criminal Law and Procedure |
|
Aug. 26, 2014 | |
F065003
|
James v. State
Husband’s misdemeanor battery conviction is ‘misdemeanor crime of domestic violence,’ making him ineligible to possess any firearm under federal Gun Control Act. |
Criminal Law and Procedure |
|
Aug. 26, 2014 | |
E058471
|
People v. J.S.
Court must hear mentally disordered offender’s timely petition challenging her classification, although initial term of involuntary treatment had already expired. |
Criminal Law and Procedure |
|
Aug. 26, 2014 | |
E057671
|
People v. Lujano
Police officers unlawfully detain man they suspected was committing burglary, but was actually a resident, where nothing suggested he was involved in a crime. |
Criminal Law and Procedure |
|
Aug. 26, 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 |
|
Aug. 25, 2014 | |
09-99003
|
Woods v. Sinclair
Habeas petitioner’s procedural default on claims in death penalty case may be excused due to post-conviction counsel’s ineffective assistance, if substantial. |
Criminal Law and Procedure |
|
Aug. 25, 2014 | |
11-50273
|
U.S. v. Fowlkes
Forcible removal of drugs from defendant's rectum during warrantless body cavity search by officers without medical training violates Fourth Amendment. |
Criminal Law and Procedure |
|
Aug. 25, 2014 | |
09-55306
|
Hernandez v. Spearman
Prisoner’s federal habeas corpus petition is considered filed at moment it was delivered to prison officials, even if another prisoner delivered petition to officials. |
Criminal Law and Procedure |
|
Aug. 24, 2014 | |
G048535
|
People v. Baniani
Medical marijuana collective operator is entitled to jury instruction on MMPA defense because evidence showed collective was not profit-making enterprise. |
Criminal Law and Procedure |
|
Aug. 24, 2014 | |
S012279
|
People v. Lucas
Throat-slashing killer fails to overturn multiple murder convictions and death sentence because joinder of other similar cases did not result in prejudice. |
Criminal Law and Procedure |
|
Aug. 21, 2014 | |
12-35461
|
Mayes v. Premo
Trial court's credit to prosecution’s race-neutral explanations for striking black potential jurors is not objectively unreasonable based on comparative analysis. |
Criminal Law and Procedure |
|
Aug. 21, 2014 | |
12-56988
|
United States v. Cyr
Canadian citizen’s bulk cash smuggling of $132,245 into U.S. properly results in forfeiture of entire amount, where it was likely connected to drug trafficking. |
Criminal Law and Procedure |
|
Aug. 21, 2014 | |
12-30007
|
U.S. v. Gadson
Police officer may offer testimony interpreting content of telephone conversations based on direct knowledge of investigation and persons involved. |
Criminal Law and Procedure |
|
Aug. 19, 2014 | |
13-30066
|
U.S. v. Cisneros
Career criminal’s mandatory 15-years sentence is appropriately based on prior convictions for fleeing or attempting to elude police officers in vehicle. |
Criminal Law and Procedure |
|
Aug. 19, 2014 | |
13-36202
|
Jones v. Taylor
Witness recantations that merely cast doubt on habeas petitioner’s guilt are insufficient to merit habeas relief on his freestanding claim of actual innocence. |
Criminal Law and Procedure |
|
Aug. 19, 2014 | |
C073340
|
People v. Hubbard
Defendant is not entitled to resentencing under amended recidivist sentencing provisions where one of two commitment convictions was for serious and violent felony. |
Criminal Law and Procedure |
|
Aug. 19, 2014 | |
E057821
|
People v. Adair
Defendant convicted of annoying child may be required to wait 10 years from discharge before seeking certificate of rehabilitation without violating equal protection. |
Criminal Law and Procedure |
|
Aug. 19, 2014 | |
E057059
|
People v. Sanchez
Thief’s conviction for grand theft of copper wire is upheld although prosecutor made improper comments regarding his decision not to testify at trial. |
Criminal Law and Procedure |
|
Aug. 19, 2014 | |
S097363
|
People v. Merriman
Death verdict is upheld where trial court properly joined charges related to capital and noncapital crimes that occurred before murder. |
Criminal Law and Procedure |
|
Aug. 18, 2014 | |
S208398
|
People v. Shazier
Prosecutor’s suggestion to jurors that they would face contempt from community unless they found defendant to be sexually violent predator does not require reversal. |
Criminal Law and Procedure |
|
Aug. 18, 2014 | |
11-15581
|
Arrendondo v. Neven
Habitual criminal is not entitled to habeas relief where he voluntarily waived right to counsel in light of court’s warnings and his understanding of charges. |
Criminal Law and Procedure |
|
Aug. 18, 2014 | |
12-15795
|
Moore v. Helling
Murderer is not entitled to habeas relief, even if Nevada state court failed to issue jury instruction separately defining ‘willful,’ ‘deliberate’ and ‘premeditated’ killing. |
Criminal Law and Procedure |
|
Aug. 17, 2014 | |
S080477
|
People v. Banks
Capital defendant's conviction for willful, deliberate and premeditated attempted murder is reduced where court failed to instruct jury on meaning of relevant terms. |
Criminal Law and Procedure |
|
Aug. 14, 2014 | |
S061026
|
Peopel v. McCurdy
Murderer sentenced to death may not challenge trial court's denial of motion to change venue when he did not renew motion and factors weighed against change. |
Criminal Law and Procedure |
|
Aug. 14, 2014 | |
S202107
|
People v. Tom
Driver may not benefit from privilege against self-incrimination with respect to postarrest, pre-Miranda silence where it was unclear whether he invoked right to silence. |
Criminal Law and Procedure |
|
Aug. 14, 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 |
|
Aug. 14, 2014 | |
B251154
|
People v. Deluca
National Guard Armory emergency winter shelter where sex offender frequently stayed is ‘residence’ for purposes of sex offender registration requirement. |
Criminal Law and Procedure |
|
Aug. 14, 2014 | |
13-15987
|
Stanley v. Chappell
Ninth Circuit lacks jurisdiction to hear murderer’s appeal of district court’s stay-and-abeyance order because order did not effectively 'put him out of court.' |
Criminal Law and Procedure |
|
Aug. 13, 2014 | |
13-30199
|
U.S. v. Orozco
Defendant may not invoke right to testify when he initially remained silent, but changed his mind after hearing prosecution’s closing, and failed to offer excuse. |
Criminal Law and Procedure |
|
Aug. 13, 2014 |