Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
12-17060
|
Nevarez v. Barnes
Validated gang associate in security housing unit loses ex post facto challenge to his ineligibility for conduct credits based on amended California Penal Code. |
Criminal Law and Procedure |
|
Apr. 28, 2014 | |
12-50340
|
U.S. v. Ramirez-Estrada
Booking officer’s testimony may not be admitted at trial, when used only to show that defendant invoked his ‘Miranda’ rights and refused to answer questions. |
Criminal Law and Procedure |
|
Apr. 28, 2014 | |
13-10093
|
U.S. v. Ruiz-Lopez
Various documents used during deportation process may be used as evidence in illegal reentry case to establish that defendant was not a U.S. citizen. |
Criminal Law and Procedure |
|
Apr. 28, 2014 | |
13-50176
|
U.S. v. Thum
District court improperly revokes supervised release for ‘encouraging illegal alien to reside in U.S.’ when probationer escorted alien from restaurant to nearby van. |
Criminal Law and Procedure |
|
Apr. 28, 2014 | |
B251071
|
Harris v. Superior court (People)
Attorney’s representation at preliminary hearing deprives client of effective assistance where attorney also faced criminal charges following arrest by same officer. |
Criminal Law and Procedure |
|
Apr. 28, 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 |
|
Apr. 28, 2014 | |
H038755
|
People v. Klatt
Trial court may not require sex offender to seek approval from probation officer before forming romantic relationships with persons having custody of a minor. |
Criminal Law and Procedure |
|
Apr. 25, 2014 | |
11-55337
|
Hernandez v. Holland
Bailiff does not need to give 'Miranda' warnings during casual conversation where defendant spontaneously volunteered incriminating information about himself. |
Criminal Law and Procedure |
|
Apr. 25, 2014 | |
11-30262
|
U.S. v. Gomez
Defendant’s prior sexual offense conviction cannot form basis for 16-level sentencing enhancement in current illegal entry conviction. |
Criminal Law and Procedure |
|
Apr. 25, 2014 | |
09-99019
|
Hedlund v. Ryan
Trial court may require defendant to wear leg brace during trial to protect courtroom, because court personnel had reason to believe he might try to escape. |
Criminal Law and Procedure |
|
Apr. 25, 2014 | |
C069884
|
People v. Goldman
Sex offender who was convicted of continuous sexual abuse of niece, as well as isolated offense, forfeits objection to overlapped charges by failing to demur. |
Criminal Law and Procedure |
|
Apr. 25, 2014 | |
F067498
|
People v. Osuna
Three strikes offender is ineligible for resentencing under Three Strikes Reform Act, because he was armed with a firearm during his third strike offense. |
Criminal Law and Procedure |
|
Apr. 25, 2014 | |
F067590
|
People v. Blakely
Three strikes offender may qualify for resentencing under Three Strikes law because it was unclear what criteria trial court used to determine his eligibility. |
Criminal Law and Procedure |
|
Apr. 25, 2014 | |
12-794
|
White v. Woodall
Federal court incorrectly upends death penalty when state court may have correctly allowed jury to draw inferences from defendant’s refusal to testify at penalty phase. |
Criminal Law and Procedure |
|
Apr. 24, 2014 | |
12-8561
|
Paroline v. U.S.
Possessor of child pornography does not have to pay victim’s entire $3.4 million in losses from the trade in her images. |
Criminal Law and Procedure |
|
Apr. 24, 2014 | |
B239184
|
People v. Prock
Prosecutor may reargue that defendant planned fatal stabbing after confrontation, despite prior acquittal of first-degree murder charge. |
Criminal Law and Procedure |
|
Apr. 24, 2014 | |
B249830
|
Braziel v. Superior Court (People)
Three strikes offender is ineligible for resentencing because one of his offenses was a serious felony, even if it was not at time of his conviction. |
Criminal Law and Procedure |
|
Apr. 24, 2014 | |
12-9490
|
Navarette v. California
Traffic stop does not violate Fourth Amendment when California Highway Patrol officers suspected driver was intoxicated based on tip from 911 caller. |
Criminal Law and Procedure |
|
Apr. 23, 2014 | |
E054926
|
People v. Dubose
Although jury properly convicts youth offenders of torture for beating group home counselor to death, trial court must reconsider whether LWOP is appropriate. |
Criminal Law and Procedure |
|
Apr. 21, 2014 | |
13-30040
|
U.S. v. Taylor
Veteran receives increased sentence for defrauding VA because he lied about domestic violence incident during bond revocation hearing. |
Criminal Law and Procedure |
|
Apr. 21, 2014 | |
12-35843
|
Forbess v. Franke
Federal habeas petitioner may pursue relief despite filing his petition late, because he suffered severe delusions that prevented him from understanding need to file. |
Criminal Law and Procedure |
|
Apr. 21, 2014 | |
12-10526
|
U.S. v. Harrington
Motorist’s conviction for refusal to submit to blood alcohol test is overturned because Yosemite National Park rangers mistakenly told him his refusal was not a crime. |
Criminal Law and Procedure |
|
Apr. 21, 2014 | |
12-10202
|
U.S. v. Christian
Trial court improperly excludes psychologist’s expert testimony solely because he examined defendant for competency, rather than diminished capacity. |
Criminal Law and Procedure |
|
Apr. 18, 2014 | |
13-50387
|
U.S. v. Emmett
District court must provide explanation that allows for meaningful appellate review when denying probationer’s request to terminate his supervised release. |
Criminal Law and Procedure |
|
Apr. 18, 2014 | |
11-50253
|
U.S. v. Odachyan
Armenian immigrant’s sentence for health care fraud is valid, despite allegedly anti-immigrant remarks made by sentencing judge. |
Criminal Law and Procedure |
|
Apr. 18, 2014 | |
B246250
|
People v. Petrovic
Sex offender is guilty of posessing child pornography on his computer, even if he did not realize that images were stored in computer's temporary Internet files. |
Criminal Law and Procedure |
|
Apr. 18, 2014 | |
G047523
|
People v. Arevalo
Mere presence of DNA on rock that may have been used to gain entry into nail salon during break-in does not support man’s burglary conviction. |
Criminal Law and Procedure |
|
Apr. 16, 2014 | |
12-50150
|
U.S. v. Charles
Prisoner who received 204-month sentence based on Career Offender Guideline is not eligible for sentence reduction under amendment to crack cocaine guidelines. |
Criminal Law and Procedure |
|
Apr. 16, 2014 | |
D063394
|
People v. Castillolopez
Man is not guilty of carrying concealed ‘dirk’ or ‘dagger’ based on his possession of pocketknife, because knife’s blade was not locked into position. |
Criminal Law and Procedure |
|
Apr. 16, 2014 | |
E049095
|
People v. Archuleta
Expert witness’ use of hearsay statement by gang member about defendant violates confrontation clause rights, but does not affect jury’s verdict. |
Criminal Law and Procedure |
|
Apr. 15, 2014 |