Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
G048155
|
People v. Robinson
Beauty salon worker commits sexual battery by fraud against victims he duped into believing massage was legitimate, but not against those who balked at his actions. |
Criminal Law and Procedure |
|
Jun. 24, 2014 | |
B252472
|
People v. Itehua
Man whose stalking of married woman involved pattern of implied threats of violence against her meets criteria for commitment as mentally disordered offender. |
Criminal Law and Procedure |
|
Jun. 24, 2014 | |
13-316
|
Loughrin v. United States
Government does not need to prove man who forged stolen checks intended to defraud financial institutions to convict him under federal bank fraud statute. |
Criminal Law and Procedure |
|
Jun. 23, 2014 | |
B248615
|
People v. Delarosarauda
Trial court may not issue protective order prohibiting father from contacting children, despite domestic violence against mother, because he did not hurt them. |
Criminal Law and Procedure |
|
Jun. 22, 2014 | |
S065575
|
In re Champion
Capital murderer is not entitled to habeas relief from conviction, despite trial attorney’s failure to present evidence against involvement in other crimes. |
Criminal Law and Procedure |
|
Jun. 19, 2014 | |
08-50479
|
U.S. v. Rodriguez
District court properly excludes evidence of prison’s medical negligence at trial of men, who fatally stabbed another inmate, because such negligence was foreseeable. |
Criminal Law and Procedure |
|
Jun. 19, 2014 | |
11-10346
|
U.S. v. Richardson
Congress properly delegates authority to Attorney General to determine applicability of SORNA’s registration requirements to pre-SORNA sex offenders. |
Criminal Law and Procedure |
|
Jun. 19, 2014 | |
12-50418
|
U.S. v. Sardariani
Court properly applies two-level sentencing increase to fraudster’s sentence due to his use of forged signatures and notary seals that qualified as ‘authentication features.’ |
Criminal Law and Procedure |
|
Jun. 19, 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 |
|
Jun. 18, 2014 | |
B249557
|
People v. Machado
Court may not automatically deny petition for resentencing under Three Strikes Reform Act when commitment offenses included violent and nonviolent felonies. |
Criminal Law and Procedure |
|
Jun. 18, 2014 | |
13-50215
|
U.S. v. Jackson
Marine Corps maintenance worker’s conviction for manufacture of federal identification card is inappropriate, given that government did not prescribe card’s design. |
Criminal Law and Procedure |
|
Jun. 18, 2014 | |
B252036
|
People v. Aguilar
Lawful resident fails to vacate conviction for felony firearm possession based on his attorney's alleged failure to advise him of the immigration consequences of his plea. |
Criminal Law and Procedure |
|
Jun. 18, 2014 | |
12-1493
|
Abramski v. U.S.
Former police officer may not avoid conviction for acting as ‘straw buyer’ by falsely indicating he was actual gun buyer, although gun was for his uncle. |
Criminal Law and Procedure |
|
Jun. 17, 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 |
|
Jun. 17, 2014 | |
B251596
|
People v. Espinoza
Three strikes offender still must participate in post-release community supervision, although he was resentenced and released after serving more than 15 years. |
Criminal Law and Procedure |
|
Jun. 17, 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 |
|
Jun. 16, 2014 | |
13-10087
|
U.S. v. Quintero-Junco
Although district court misapplied approach for determining whether Arizona sex offense was a crime of violence, defendant’s sentence increase remains intact. |
Criminal Law and Procedure |
|
Jun. 13, 2014 | |
10-17145
|
Dixon v. Williams
Trial court incorrectly instructs jury that honest but reasonable, instead of unreasonable, belief in need for self-defense may not reduce murder to manslaughter. |
Criminal Law and Procedure |
|
Jun. 12, 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 |
|
Jun. 9, 2014 | |
E057976
|
People v. Martinez (E057976)
Hit-and-run driver does not have to pay $425,655 in victim restitution because he never pleaded guilty to causing accident that resulted in victim’s traumatic brain injury. |
Criminal Law and Procedure |
|
Jun. 9, 2014 | |
H039398
|
People v. Martinez (H039398)
Drug dealer convicted of manslaughter after woman died of drug overdose may be subject to great bodily injury enhancement in connection with drug offenses. |
Criminal Law and Procedure |
|
Jun. 9, 2014 | |
S080837
|
People v. Debose
Death penalty is upheld for man who murdered woman by following her out of casino and burning her car, despite improper arson-murder special circumstance. |
Criminal Law and Procedure |
|
Jun. 6, 2014 | |
S201443
|
People v. Goldsmith
Traffic camera photographs and video are properly used at trial to show that woman ran red light because officer's testimony sufficiently authenticated the evidence. |
Criminal Law and Procedure |
|
Jun. 6, 2014 | |
S115284
|
People v. Trinh
Mass shooter fails to overturn death penalty, despite trial court’s error regarding heat of passion defense, because his victims did not provoke him. |
Criminal Law and Procedure |
|
Jun. 6, 2014 | |
12-10124
|
U.S. v. Spear
Physician may appeal conviction from illegitimate drug distribution, despite waiver provision in plea agreement, because scope of waiver only concerned his sentence. |
Criminal Law and Procedure |
|
Jun. 6, 2014 | |
B247919
|
People v. Manning
Trial court must explain its reasons for denying request for resentencing where Three Strikes offender’s prior convictions for rape might not have disqualified him. |
Criminal Law and Procedure |
|
Jun. 6, 2014 | |
11-50338
|
U.S. v. Osinger
Ex-boyfriend may not overturn stalking conviction because statute was not unconstitutionally vague and First Amendment did not protect his disturbing messages. |
Criminal Law and Procedure |
|
Jun. 5, 2014 | |
H039079
|
People v. Jandres
Man escapes rape conviction because trial court mistakenly allowed testimony of attempted kidnapping victim to show his propensity to commit sexual offense. |
Criminal Law and Procedure |
|
Jun. 4, 2014 | |
A138310
|
People v. American Contractors Indemnity Co.
Trial court properly forfeits bond after defendant failed to appear at hearing without executing a written waiver, even if court did not expressly require his attendance. |
Criminal Law and Procedure |
|
Jun. 3, 2014 | |
12-158
|
Bond v. U.S.
Chemical weapons treaty may not be used to prosecute jilted wife, who made amateur attempt to injure her husband's lover with toxic chemicals. |
Criminal Law and Procedure |
|
Jun. 3, 2014 |