Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
12-30046
|
U.S. v. Sanchez-Aguilar
Defendant may be convicted of illegal reentry, even though government did not provide evidence he had been outside country following his latest conviction for same crime. |
Criminal Law and Procedure |
|
Jun. 19, 2013 | |
09-99007
|
Henry v. Ryan
Evidence suppressed at defendant’s murder trial did not violate his due process rights because evidence was more incriminating than exculpatory. |
Criminal Law and Procedure |
|
Jun. 19, 2013 | |
11-15960
|
Lemke v. Ryan
Double Jeopardy Clause does not bar retrial of defendant’s felony murder charge following jury’s prior acquittal on robbery charge underlying felony murder charge. |
Criminal Law and Procedure |
|
Jun. 19, 2013 | |
B247196
|
Teal v. Superior Court (People)
Prisoner is ineligible for resentencing under amended Three Strikes Law because one of his prior convictions was for sexually violent offense. |
Criminal Law and Procedure |
|
Jun. 19, 2013 | |
13-72062
|
Stake Center Locating Inc. v. District Court (DiFrancesco)
Victim of various tax evasion and wire fraud crimes may not pursue defendant's assets until after defendant has been sentenced. |
Criminal Law and Procedure |
|
Jun. 19, 2013 | |
12-35209
|
U.S. v. Avery
Attorney’s honest services fraud conviction is vacated following Supreme Court’s decision narrowing scope of crime to those involving bribery and kickback. |
Criminal Law and Procedure |
|
Jun. 18, 2013 | |
11-30176
|
U.S. v. Vasquez
Defendant should not have received higher sentence based on prior conviction for driving with suspended license because sentence did not count as probation. |
Criminal Law and Procedure |
|
Jun. 18, 2013 | |
H037245
|
People v. Fong
Defendant who pleaded guilty to assault and inflicting great bodily injury is limited to accruing 15 percent of credit due to credit limiting provisions. |
Criminal Law and Procedure |
|
Jun. 18, 2013 | |
12-246
|
Salinas v. Texas
Prosecution's use of defendant's silence during interview regarding murders may be used at trial because interview with police was voluntary. |
Criminal Law and Procedure |
|
Jun. 17, 2013 | |
11-9335
|
Alleyne v. U.S.
Federal court must reassess defendant's sentence for robbing store manager because his sentence was based on findings made by judge, rather than jury. |
Criminal Law and Procedure |
|
Jun. 17, 2013 | |
11-30363
|
U.S. v. Gillenwater
Court denies defendant's constitutional right to testify at pretrial competency hearing by failing to tell him his disruptive conduct could cause waiver of right. |
Criminal Law and Procedure |
|
Jun. 17, 2013 | |
B237734
|
People v. Sullivan
Defendant may not be retried for assault after jury reached verdict on assault charge, but deadlocked as to great bodily injury enhancement. |
Criminal Law and Procedure |
|
Jun. 17, 2013 | |
09-55837
|
Aleman v. Uribe
Prosecutor's removal of Hispanic woman during jury selection because he mistakenly believed she said she was 'prissy' does not constitute purposeful discrimination. |
Criminal Law and Procedure |
|
Jun. 16, 2013 | |
12-50097
|
U.S. v. Needham
Sex offender may not suppress evidence of child pornography found on his iPod during search of his residence. |
Criminal Law and Procedure |
|
Jun. 16, 2013 | |
C069153
|
People v. Her
Murder conviction is properly based on DNA matching defendant, which police found at murder scene, despite lack of statistical analysis. |
Criminal Law and Procedure |
|
Jun. 13, 2013 | |
S192704
|
People v. Delgado
Assailant's conviction for robbing victim in backseat of moving car is upheld despite court’s failure to instruct jury regarding accomplice liability. |
Criminal Law and Procedure |
|
Jun. 13, 2013 | |
S192536
|
People v. Anzalone
While trial court committed error by not asking jury whether they agreed upon verdict before reading it, error is harmless because verdict was unanimous. |
Criminal Law and Procedure |
|
Jun. 13, 2013 | |
G046129
|
People v. Eid
Jury may not convict defendant of uncharged offenses of attempted extortion and false imprisonment following acquittal on kidnapping for ransom charge. |
Criminal Law and Procedure |
|
Jun. 13, 2013 | |
12-167
|
U.S. v. Davila
Magistrate judge's advice to defendant to plead guilty to tax fraud charges does not require court to automatically overturn guilty plea. |
Criminal Law and Procedure |
|
Jun. 13, 2013 | |
S073597
|
People v. Lopez
Capital defendant convicted of interracial murder fails to overturn sentence by claiming court should have followed up with potential jurors on racial bias question. |
Criminal Law and Procedure |
|
Jun. 13, 2013 | |
12-50048
|
U.S. v. Gonzalez-Aguilar
Defendant is not entitled to relief from government’s alleged breach of plea agreement due to mentioning of his extensive criminal history. |
Criminal Law and Procedure |
|
Jun. 13, 2013 | |
F057722
|
People v. Pizarro
First-degree murder conviction is thrown out because juror independently read earlier appellate opinion regarding case that revealed extraneous information. |
Criminal Law and Procedure |
|
Jun. 13, 2013 | |
B238099
|
People v. Solis
Business owners cannot use Medical Marijuana Act defense against possession charges because collective’s income was treated as personal salary. |
Criminal Law and Procedure |
|
Jun. 13, 2013 | |
F059511
|
In re Cabrera
Inmate’s possession of artwork signed by affiliate of Mexican Mafia does not sufficiently support inmate’s validation as gang associate. |
Criminal Law and Procedure |
|
Jun. 12, 2013 | |
E055569
|
People v. Lewis
Three Strikes Reform Act of 2012 allows reduction in sentence of 25 years to life when case was not yet final on appeal. |
Criminal Law and Procedure |
|
Jun. 11, 2013 | |
A135131
|
People v. Barnes
Police do not violate Fourth Amendment privacy right by using Global Positioning System to locate stolen cell phone. |
Criminal Law and Procedure |
|
Jun. 11, 2013 | |
12-62
|
Peugh v. United States
Sentence based on version of sentencing guideline promulgated after commission of crimes and more severe than prior guideline violates Ex Post Facto Clause. |
Criminal Law and Procedure |
|
Jun. 10, 2013 | |
S198324
|
People v. Santana
Argumentative jury instruction given at trial does not prejudice defendant who shot teenager in leg three times, clearly intending to cause disabling injury. |
Criminal Law and Procedure |
|
Jun. 10, 2013 | |
12-50056
|
U.S. v. Muniz-Jaquez
Court should have allowed alien to review Border Patrol dispatch tapes that were pertinent to his official-restraint defense and for use in impeaching witness. |
Criminal Law and Procedure |
|
Jun. 10, 2013 | |
C070271
|
People v. Cross
Trial court does not have to advise defendant of fundamental rights before giving effect to stipulation to existence of prior domestic violence conviction. |
Criminal Law and Procedure |
|
Jun. 9, 2013 |