Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B245316
|
People v. Dolezal
California does not violate First Amendment by punishing bail bond agents who directly solicit bail bond business at jails. |
Criminal Law and Procedure |
|
Nov. 6, 2013 | |
D062445
|
People v. Lettice
Trial court must reconsider whether to allow prosecution to submit amended charges, even after drunk driver had already entered plea agreement. |
Criminal Law and Procedure |
|
Nov. 5, 2013 | |
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 |
|
Nov. 4, 2013 | |
E055034
|
People v. Nunez
Defendant who served more days in custody than he should have does not get credit to reduce term of mandatory supervised probation. |
Criminal Law and Procedure |
|
Nov. 1, 2013 | |
10-504
|
Opinion of Harris
District Attorney may criminally prosecute buyers and sellers to punish them for illegally transferring firearms in unlicensed firearm transactions. |
Criminal Law and Procedure |
|
Nov. 1, 2013 | |
S199830
|
People v. Harrison
Failure to adhere to proper evaluation and certification procedures does not automatically mean prisoner cannot be certified as Mentally Disordered Offender. |
Criminal Law and Procedure |
|
Nov. 1, 2013 | |
12-10404
|
U.S. v. Tercero
Following enactment of Fair Sentencing Act, district court properly refuses to further reduce crack cocaine offender’s sentence below 70 months. |
Criminal Law and Procedure |
|
Nov. 1, 2013 | |
11-56420
|
Amado v. Gonzalez
Prosecution's failure to reveal key witness' criminal background and gang affiliation results in reversal of 1998 conviction for aiding and abetting murder on public bus. |
Criminal Law and Procedure |
|
Oct. 31, 2013 | |
12-10208
|
U.S. v. Kyle
District judge’s remarks during plea agreement discussions upend guilty plea in child sexual abuse case by influencing decision to enter plea. |
Criminal Law and Procedure |
|
Oct. 31, 2013 | |
C073008
|
Dietrick v. Superior Court (People)
‘Two-dismissal’ rule does not apply when prosecutor voluntarily dismissed case after forgetting to present evidence of prior convictions, then filed charges again. |
Criminal Law and Procedure |
|
Oct. 31, 2013 | |
F064261
|
People v. Montrose
State prisoner will not be placed in county jail based on Realignment Legislation when sentence was imposed, but suspended, before Oct. 1, 2011. |
Criminal Law and Procedure |
|
Oct. 30, 2013 | |
10-55637
|
Lujan v. Garcia
First-degree murder convictions are set aside where man confessed to killing his estranged wife and another man without clear explanation of right to attorney. |
Criminal Law and Procedure |
|
Oct. 30, 2013 | |
C067741
|
People v. Doyle
Defendant’s prior DUI manslaughter conviction may be used to both elevate his current DUI to felony and serve as a strike under Three Strikes law. |
Criminal Law and Procedure |
|
Oct. 30, 2013 | |
07-99012
|
Gulbrandson v. Ryan
Death sentence based on brutal murder of ex-girlfriend is upheld despite defense counsel's alleged failure to recall expert at sentencing to testify as to mental state. |
Criminal Law and Procedure |
|
Oct. 29, 2013 | |
A136872
|
People v. Accredited Surety and Casualty Co.
Bail bond forfeiture cannot be discharged based on trial court's failure to initiate forfeiture proceedings within specific time frame. |
Criminal Law and Procedure |
|
Oct. 29, 2013 | |
A136993
|
People v. Douglas M.
Sex offender does not have to enroll in ‘approved sex offender management treatment program’ because his offenses occurred before new law went into effect. |
Criminal Law and Procedure |
|
Oct. 28, 2013 | |
08-99016
|
James v. Ryan
Ninth Circuit's decision to lift death sentence due to ineffective assistance goes undisturbed, even if Arizona state court previously denied relief on procedural grounds. |
Criminal Law and Procedure |
|
Oct. 28, 2013 | |
A129583
|
People v. Childs
City's principal network engineer is properly convicted of disrupting computer services because he refused to reveal network passwords after being reassigned. |
Criminal Law and Procedure |
|
Oct. 28, 2013 | |
12-30005
|
U.S. v. Steele
Husband, who was convicted of hiring man to kill his wife, must hold off on asking for new trial based on trial counsel’s alleged ineffective assistance. |
Criminal Law and Procedure |
|
Oct. 25, 2013 | |
A138769
|
People v. Wortham
Inmate may appeal trial court's refusal to recall sentence under reformed Three Strikes law, but is not entitled to new sentence because he committed a serious felony. |
Criminal Law and Procedure |
|
Oct. 25, 2013 | |
11-10036
|
U.S. v. Black
Defendant may not overturn conviction when he readily agreed to carry out undercover agent’s plan to rob a fictional cocaine stash house. |
Criminal Law and Procedure |
|
Oct. 24, 2013 | |
B244648
|
People v. Wilson
After violating probation, burglar must serve two years in state prison, rather than county jail, according to his plea agreement. |
Criminal Law and Procedure |
|
Oct. 23, 2013 | |
12-9012
|
Robers v. United States
Order |
Criminal Law and Procedure |
|
Oct. 22, 2013 | |
13-16928
|
Jones v. Ryan
Days from his scheduled execution, inmate unsuccessfully asserts ineffective assistance of trial counsel in his second habeas corpus petition. |
Criminal Law and Procedure |
|
Oct. 22, 2013 | |
D062900
|
People v. Zondorak
California’s ban on AK series semi-automatic rifles does not violate Second Amendment because these weapons are ‘dangerous and unusual.’ |
Criminal Law and Procedure |
|
Oct. 22, 2013 | |
11-50392
|
U.S. v. Stargell
Tax preparer’s conviction for wire fraud is upheld because evidence showed that her fraudulent scheme exposed banks to greater risk of loss. |
Criminal Law and Procedure |
|
Oct. 18, 2013 | |
E055162
|
People v. Mahoney
Defendant cannot claim he never saw child pornography when his computers contained over one thousand images in temporary, downloaded and deleted files. |
Criminal Law and Procedure |
|
Oct. 18, 2013 | |
B237613
|
People v. Freeman
Defense attorney may no longer represent his client on appeal after filing four unintelligible and unsupported opening appellate briefs. |
Criminal Law and Procedure |
|
Oct. 17, 2013 | |
B238858
|
People v. Sandercock
Members of marijuana cultivating collective, who delivered and sold marijuana to undercover detective, may be prosecuted for selling marijuana for profit. |
Criminal Law and Procedure |
|
Oct. 17, 2013 | |
C070257
|
People v. Burkett
Burglar who stole bathroom fixtures from home may only be convicted of second-degree burglary because no one lived there at the time. |
Criminal Law and Procedure |
|
Oct. 16, 2013 |