Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
S211702
|
People v. Eid
Defendants charged with kidnapping for ransom are properly convicted of two lesser included offenses of attempted extortion and misdemeanor false imprisonment. |
Criminal Law and Procedure |
|
Jul. 10, 2014 | |
S203744
|
People v. Vargas
Trial court must dismiss one of two prior convictions under Three Strikes law, when they arose from same prior incident and were based on same act. |
Criminal Law and Procedure |
|
Jul. 10, 2014 | |
12-10492
|
U.S. v. Hsiung
Convicted conspirators in antitrust price fixing of Liquid Crystal Display panels may not escape liability by arguing that Sherman Act does not reach foreign conduct. |
Criminal Law and Procedure |
|
Jul. 10, 2014 | |
B253467
|
People v. Jernigan
Inmate's prior attempted forcible oral copulation serious felony conviction does not bar him from seeking resentencing under Three Strikes Reform Act of 2012. |
Criminal Law and Procedure |
|
Jul. 10, 2014 | |
A137800
|
People v. Davis
Homeless man who was convicted of burglary cannot appeal trial court’s decision to seal police officer’s records 12 years later in connection with different matter. |
Criminal Law and Procedure |
|
Jul. 9, 2014 | |
G049037
|
People v. Juarez
Prosecution may proceed with murder conspiracy charges, despite refiling case more than once, where original, attempted murder charges did not have identical elements. |
Criminal Law and Procedure |
|
Jul. 9, 2014 | |
F066025
|
People v. Salazar
Trial court may permit additional closing arguments following jury’s inquiry indicating it had reached impasse on man’s carjacking offense. |
Criminal Law and Procedure |
|
Jul. 9, 2014 | |
G046163
|
People v. Guillen
Inmates may not overturn convictions for murdering detainee they believed was child molester by alleging that sheriff’s department condoned their conduct. |
Criminal Law and Procedure |
|
Jul. 8, 2014 | |
B250829
|
People v. Flores
Three Strikes Reform Act’s limits on resentencing for inmates who would pose ‘unreasonable risk of danger to public safety’ is not impermissibly vague. |
Criminal Law and Procedure |
|
Jul. 8, 2014 | |
S106489
|
People v. Weatherton
Capital defendant overturns murder convictions and death sentence where juror lobbied others for guilty verdict and discussed case with them before deliberations. |
Criminal Law and Procedure |
|
Jul. 7, 2014 | |
D063549
|
In re Hansen
Man upends second-degree felony-murder conviction based on shooting at inhabited building because shooting ‘merged’ with resulting homicide. |
Criminal Law and Procedure |
|
Jul. 7, 2014 | |
A140128
|
People v. Rivera
Trial court must accept appeal of restitution order, because defense attorney’s failure to file separate appeal of order on time amounted to ineffective assistance. |
Criminal Law and Procedure |
|
Jul. 6, 2014 | |
11-50277
|
U.S. v. Lopez-Chavez
Mexican citizen charged with illegal reentry shows removal order was unfair due to counsel’s failure to challenge ruling that marijuana possession conviction is aggravated felony. |
Criminal Law and Procedure |
|
Jul. 6, 2014 | |
14-71875
|
K.K. v. District Court (Puana)
Mailbox theft victim must comply with suspect’s request for documents related to crime, subject to district court’s limitations following review. |
Criminal Law and Procedure |
|
Jul. 2, 2014 | |
10-50148
|
U.S. v. Lizarraga-Carrizales
Drug offender’s criminal history renders him ineligible for ‘safety valve’ relief from mandatory 10-year minimum sentence for importing 7.25 kilograms of heroin. |
Criminal Law and Procedure |
|
Jul. 2, 2014 | |
B247704
|
People v. Williams
Gang member who received life sentence under Three Strikes law should receive 15-year minimum parole eligibility term, instead of 10-year gang enhancements. |
Criminal Law and Procedure |
|
Jul. 1, 2014 | |
E055528
|
People v. Campbell
Trial court should have instructed jury on lesser-included offenses in murder trial based on accusatory pleading and evidence that lesser offense was committed. |
Criminal Law and Procedure |
|
Jul. 1, 2014 | |
S135855
|
People v. Avila
Child murderer’s conviction and death sentence are upheld because trial court properly declined to change venue where publicity dissipated by time of trial. |
Criminal Law and Procedure |
|
Jun. 30, 2014 | |
S039894
|
People v. Sattiewhite
Capital defendant, who admitted to shooting woman three times in the head, is not entitled to competency trial where there was no evidence of incompetence. |
Criminal Law and Procedure |
|
Jun. 30, 2014 | |
13-10131
|
U.S. v. Tillman
District court’s order improperly sanctions defense attorney, who highlighted delay in payment of Criminal Justice Act vouchers, without giving him opportunity to be heard. |
Criminal Law and Procedure |
|
Jun. 30, 2014 | |
A139403
|
People v. Smith
Sex offender, who successfully completed probation, may move to dismiss his pre-1997 sex offenses, which were not disqualified from dismissal by Penal Code amendments. |
Criminal Law and Procedure |
|
Jun. 30, 2014 | |
B249264
|
People v. Iraheta
Trial court’s failure to instruct jury on imperfect self-defense in case where defendant fired into an occupied motor vehicle does not warrant new trial. |
Criminal Law and Procedure |
|
Jun. 29, 2014 | |
13-132
|
Riley v. California
Police may not search digital information on cellphones seized from arrestees without warrant because government's interests do not justify them. |
Criminal Law and Procedure |
|
Jun. 25, 2014 | |
C067983
|
People v. Elder
Three-year ‘great bodily injury’ sentence increase is appropriate in case where victim of kidnapping and robbery dislocated finger during struggle with perpetrator. |
Criminal Law and Procedure |
|
Jun. 25, 2014 | |
C066262
|
People v. Brown
California's ban on shotguns with an overall length of less than 26 inches, or short-barreled shotguns, does not violate Second Amendment. |
Criminal Law and Procedure |
|
Jun. 25, 2014 | |
10-55202
|
Butler v. Long
Prisoner may pursue second federal habeas petition, despite missing one-year statute of limitations, because district court mistakenly dismissed his first petition. |
Criminal Law and Procedure |
|
Jun. 24, 2014 | |
12-50038
|
U.S. v. Torres Pimental
Four-day delay in presenting suspect to magistrate judge renders ensuing confession to drug importation charge inadmissible and his conviction invalid. |
Criminal Law and Procedure |
|
Jun. 24, 2014 | |
13-30134
|
U.S. v. Shouse
District court properly imposes sentencing enhancement on child pornography producer for creating material that involved ‘sadistic or masochistic conduct.’ |
Criminal Law and Procedure |
|
Jun. 24, 2014 | |
B251727
|
People v. Carter
Trial court incorrectly denies motion for new trial, given that judge repeatedly stated he was unconvinced defendant robbed bank based on wife's alibi. |
Criminal Law and Procedure |
|
Jun. 24, 2014 | |
D063686
|
People v. Diaz
Drunken driver must be retried for murder after jury was shown highly emotional videos regarding alcohol-related driving offenses. |
Criminal Law and Procedure |
|
Jun. 24, 2014 |