Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
12-895
|
Rosemond v. U.S.
Trial court must reconsider drug dealer’s conviction for aiding use of gun during armed drug deal because jury was not instructed on when he learned of gun use. |
Criminal Law and Procedure |
|
Mar. 6, 2014 | |
D063169
|
People v. Fox
Trial court’s inaccurate comments about charged offense at pretrial hearing do not invalidate man’s exercise of right to self-representation. |
Criminal Law and Procedure |
|
Mar. 6, 2014 | |
E054056
|
People v. Canizales
Trial court correctly instructs jury on ‘kill zone’ theory of attempted murder, in case where two gang members fired shots into a group of rival gang members. |
Criminal Law and Procedure |
|
Mar. 6, 2014 | |
09-99022
|
Clabourne v. Ryan
Capital prisoner’s failure to notify state appellate courts of ineffective assistance issue during resentencing does not prevent federal habeas review of murder case. |
Criminal Law and Procedure |
|
Mar. 6, 2014 | |
S086269
|
People v. Jackson
Murderer's conviction and death sentence are upheld although trial court required him to wear uncomfortable stun belt, which was unseen by jury. |
Criminal Law and Procedure |
|
Mar. 4, 2014 | |
12-10362
|
U.S. v. Tanke
Vice president of operations commits mail fraud by sending fake invoices to company to hide embezzlement, even if he sent them after stealing money. |
Criminal Law and Procedure |
|
Mar. 4, 2014 | |
12-50063
|
U.S. v. Perez-Valencia
Assistant District Attorney of San Bernardino County had all the powers of acting district attorney when he applied for wiretaps in absence of District Attorney. |
Criminal Law and Procedure |
|
Mar. 4, 2014 | |
E059673
|
Gilbert v. Superior Court (People)
Prosecution may only access sexually violent predator’s confidential records to the extent that records related to his updated mental evaluation. |
Criminal Law and Procedure |
|
Mar. 4, 2014 | |
A135701
|
People v. Isaac
Court improperly imposes 'parole revocation restitution fine' because sentence did not include period of parole under California’s Criminal Justice Realignment Act of 2011. |
Criminal Law and Procedure |
|
Feb. 28, 2014 | |
12-10165
|
U.S. v. Yazzie
District court does not violate sex offender’s Sixth Amendment right to public trial by closing courtroom during child victim’s testimony. |
Criminal Law and Procedure |
|
Feb. 28, 2014 | |
F066927
|
People v. Spriggs
California driver’s conviction for using cell phone while driving is overturned because he was not talking or listening, but was looking at map on phone. |
Criminal Law and Procedure |
|
Feb. 28, 2014 | |
12-1038
|
U.S. v. Apel
Air Force commander has authority to bar protester from reentering Vandenberg Air Force Base even though conduct occurred over designated protest area. |
Criminal Law and Procedure |
|
Feb. 27, 2014 | |
S189462
|
People v. Shockley
Step-grandfather is not entitled to jury instruction on battery as lesser included offense of lewd conduct on child under 14. |
Criminal Law and Procedure |
|
Feb. 27, 2014 | |
A138128
|
People v. Rosalinda C.
Developmentally disabled woman's civil commitment may be extended for one year, despite new California laws limiting extensions to six months. |
Criminal Law and Procedure |
|
Feb. 26, 2014 | |
12-7822
|
Fernandez v. California
Police may search robbery suspect’s apartment without warrant because they obtained consent of another inhabitant well after suspect had been removed. |
Criminal Law and Procedure |
|
Feb. 26, 2014 | |
12-464
|
Kaley v. U.S.
Couple cannot contest restraining order, which froze assets that were subject to forfeiture, because they challenged grand jury’s probable cause finding. |
Criminal Law and Procedure |
|
Feb. 26, 2014 | |
09-99005
|
Ayala v. Wong
Trial judge may not consider whether prosecution’s peremptory challenges are racially discriminatory during private hearings without defense counsel. |
Criminal Law and Procedure |
|
Feb. 26, 2014 | |
B248654
|
Hilton v. Superior Court (People)
Driver does not have to pay additional restitution to his victim because court lacked authority to reopen restitution issue after probation term ended. |
Criminal Law and Procedure |
|
Feb. 26, 2014 | |
E058521
|
People v. Harris
Burglar gets sentence increase because he broke into guest room, which was attached to main house where owner was present at the time. |
Criminal Law and Procedure |
|
Feb. 26, 2014 | |
13-6440
|
Hinton v. Alabama
Death row inmate may be entitled to new trial because his trial attorney failed to understand Alabama law regarding expert witness funding. |
Criminal Law and Procedure |
|
Feb. 25, 2014 | |
S122123
|
People v. Rodriguez
Woman who fatally poisoned her husband for insurance money receives death sentence based on testimony that she was emotionless about his death. |
Criminal Law and Procedure |
|
Feb. 21, 2014 | |
S206084
|
People v. Infante
Gang member's status as felon in possession of firearm warrants felony treatment of charges based on carrying concealed gun in public. |
Criminal Law and Procedure |
|
Feb. 21, 2014 | |
12-10331
|
U.S. v. Chandler
Felon must serve 235 months in prison for illegally possessing firearm, because he already had three prior convictions for violent offenses. |
Criminal Law and Procedure |
|
Feb. 21, 2014 | |
12-10471
|
U.S. v. Garcia-Santana
INS Deciding Service Officer’s mistaken decision to deport burglary conspirator due to aggravated felony invalidates her later illegal reentry charge. |
Criminal Law and Procedure |
|
Feb. 21, 2014 | |
D063560
|
People v. Hood
Man’s probation is upheld because the prosecution neither alleged nor proved that he was ineligible for probation for his current assault and battery convictions. |
Criminal Law and Procedure |
|
Feb. 20, 2014 | |
D062372
|
People v. Tessman
Woman’s commercial burglary conviction is upheld despite trial judge’s reference to ‘what she should have known’ regarding stolen necklace. |
Criminal Law and Procedure |
|
Feb. 19, 2014 | |
12-10158
|
U.S. v. Gonzalez-Monterroso
Guatemalan man may not receive increased sentence for illegal reentry based on prior Delaware attempted rape conviction, which was not a crime of violence. |
Criminal Law and Procedure |
|
Feb. 18, 2014 | |
12-35397
|
Vosgien v. Persson
Habeas petitioner may challenge Oregon ‘compelling prostitution’ conviction, although he missed filing deadline, because he did not legally commit crime. |
Criminal Law and Procedure |
|
Feb. 14, 2014 | |
B236898
|
People v. Garcia
Murderer gives up right to speedy trial by fleeing California immediately after killing victim 33 years prior to his arrest in Texas. |
Criminal Law and Procedure |
|
Feb. 14, 2014 | |
B239963
|
People v. Rodarte
Trial court properly declines to instruct jury regarding imperfect self-defense on charges involving shooting at man from a motor vehicle. |
Criminal Law and Procedure |
|
Feb. 14, 2014 |