| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
G049326
|
People v. Acosta
Statute forbidding removal of improvements from foreclosed home is not unconstitutionally vague, because borrowers knew their conduct was prohibited. |
Criminal Law and Procedure |
|
May 14, 2014 | |
|
11-55625
|
Yeh v. Martel
Petitioner is not entitled to habeas relief because neither his limited English ability nor his mental impairment were extraordinary circumstances to excuse late filing. |
Criminal Law and Procedure |
|
May 14, 2014 | |
|
11-10511
|
U.S. v. Preston
District court must consider 18-year-old’s intellectual disability when determining whether confession to sexual abuse of neighbor was coerced or voluntary. |
Criminal Law and Procedure |
|
May 13, 2014 | |
|
13-50148
|
U.S. v. Cabrera-Perez
Immigration judge’s failure to advise petitioner about voluntary departure is inconsequential because his aggravated assault conviction made him ineligible for relief. |
Criminal Law and Procedure |
|
May 12, 2014 | |
|
B243773
|
People v. Safety National Casualty Insurance Co.
Trial court incorrectly orders forfeiture of bail bond due to felony defendant's failure to attend hearing he was not required to attend by court or law. |
Criminal Law and Procedure |
|
May 12, 2014 | |
|
B247836
|
People v. Indiana Lumbermens Mutual Insurance Co.
Trial court may enter summary judgment on forfeited $625,000 bond, even though bail bondsman’s appeal concerning bond was still pending. |
Criminal Law and Procedure |
|
May 9, 2014 | |
|
12-17131
|
Orpiada v. McDaniel
Inmate misses deadline for filing federal habeas petition, because Nevada rejected ‘prisoner mailbox rule,’ which would have rendered petition timely. |
Criminal Law and Procedure |
|
May 8, 2014 | |
|
12-30264
|
U.S. v. Brooks
New inquiry into whether arson suspect should be involuntarily medicated to stand trial is required because over a year passed after court's authorization. |
Criminal Law and Procedure |
|
May 8, 2014 | |
|
13-50386
|
U.S. v. Castro-Verdugo
District court may revoke probation, although underlying sentence for illegal reentry was defective, because defendant was still on probation at time of offense. |
Criminal Law and Procedure |
|
May 7, 2014 | |
|
12-9012
|
Robers v. U.S.
Property crime offender may not reduce restitution amount owed to victim banks by value of houses when banks took title to them. |
Criminal Law and Procedure |
|
May 6, 2014 | |
|
S101984
|
People v. Chism
Prosecution’s decision to challenge two prospective African-American jurors due to their lack of supervisory experience does not show racial bias. |
Criminal Law and Procedure |
|
May 6, 2014 | |
|
S206365
|
People v. Gutierrez
California law imposing LWOP for teenagers who commit murder does not violate their rights, because sentencing courts may choose between appropriate sentences. |
Criminal Law and Procedure |
|
May 6, 2014 | |
|
S049626
|
People v. Hajek and Vo
Death sentence is upheld for men who held entire family hostage for hours and tortured elderly grandmother before killing her. |
Criminal Law and Procedure |
|
May 6, 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 |
|
May 5, 2014 | |
|
G048369
|
People v. Tirey
California law violates equal protection by making sex offenders convicted of misconduct with persons under 14 ineligible for relief from sex offender registration. |
Criminal Law and Procedure |
|
May 5, 2014 | |
|
G048369
|
People v. Tirey
California law violates equal protection by making sex offenders convicted of misconduct with persons under 14 ineligible for relief from sex offender registration. |
Criminal Law and Procedure |
|
May 5, 2014 | |
|
10-55985
|
Stewart v. Cate
Gang member who was convicted as the driver in a drive-by shooting may not seek federal habeas corpus relief because he waited too long to file petition. |
Criminal Law and Procedure |
|
May 2, 2014 | |
|
C073576
|
People v. Anderson
When there are no clear arguable issues, appellate court does not need to independently review record for them in Three Strikes resentencing cases. |
Criminal Law and Procedure |
|
May 2, 2014 | |
|
B239380
|
People v. Mitchell
Marijuana grower cannot invoke protections of California’s medical marijuana laws where he anticipated making up to $60,000 in annual sales to for-profit corporation. |
Criminal Law and Procedure |
|
May 1, 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 |
|
May 1, 2014 | |
|
11-50417
|
U.S. v. Hernandez-Estrada
Rather than relying exclusively on 'absolute disparity test,' district courts must consider other methods for analyzing whether minorities are fairly represented in juries. |
Criminal Law and Procedure |
|
May 1, 2014 | |
|
G048563
|
People v. Fuentes
Court has authority to dismiss carjacker’s gang enhancement, even though district attorney argued it could only dismiss associated punishment. |
Criminal Law and Procedure |
|
May 1, 2014 | |
|
11-35114
|
Frost v. Van Boening
Trial court’s failure to allow alleged robber to present both of his defenses during closing arguments constitutes structural error, requiring reversal. |
Criminal Law and Procedure |
|
Apr. 30, 2014 | |
|
S049741
|
People v. Suff
Continued questioning by police does not violate Fifth Amendment because suspect’s request for an attorney was conditioned on whether he would be charged. |
Criminal Law and Procedure |
|
Apr. 29, 2014 | |
|
E057444
|
People v. Zuniga
Car thief may not appeal after pleading guilty to gang participation charge where he failed to first obtain a certificate of probable cause. |
Criminal Law and Procedure |
|
Apr. 29, 2014 | |
|
F067275
|
People v. Haynes
Three strikes offenders have statutory right to appeal from decisions rejecting their requests for resentencing because those decisions affect their substantial rights. |
Criminal Law and Procedure |
|
Apr. 28, 2014 | |
|
F066969
|
People v. Superior Court (Cervantes)
Drug dealer may be considered ‘armed with a firearm’ for three strikes resentencing purposes, even though he was not physically carrying firearm when arrested. |
Criminal Law and Procedure |
|
Apr. 28, 2014 | |
|
A135982
|
People v. Hamdon
Even though trial court agreed to set aside misdemeanor convictions, man is not released of requirement to register as a sex offender. |
Criminal Law and Procedure |
|
Apr. 28, 2014 | |
|
F066967
|
People v. Superior Court (Martinez)
Inmate is not eligible for resentencing under Three Strikes Reform Act, because he was ‘armed with a firearm’ during third offense, even if he was not carrying it. |
Criminal Law and Procedure |
|
Apr. 28, 2014 | |
|
H038673
|
People v. Ngo
Trial court must retry man for committing lewd and lascivious acts on seven-year-old girl because it used incorrect dates in its instructions to jury. |
Criminal Law and Procedure |
|
Apr. 28, 2014 |
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