Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
12-547
|
Metrish v. Lancaster
Defendant receives due process although he was not allowed to assert diminished-capacity defense due to new developments in Michigan law. |
Criminal Law and Procedure |
|
May 21, 2013 | |
B236009
|
People v. Fernandez
Prosecutor may amend charges during trial to reflect new testimony in case of grandfather who sexually abused his granddaughters. |
Criminal Law and Procedure |
|
May 21, 2013 | |
B241532
|
People v. Lopez
Double jeopardy does not apply where defendant will be retried after court found there was insufficient evidence to support his original conviction. |
Criminal Law and Procedure |
|
May 17, 2013 | |
B234519
|
People v. Wilson
Defendant does not receive fair trial where court failed to inform both parties and jury about details of victim’s recanted statements. |
Criminal Law and Procedure |
|
May 16, 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 |
|
May 16, 2013 | |
A135252
|
People v. Flores
Pitbull owner is criminally liable for dog's attack on neighbor because owner was aware of pitbull’s aggression and massive strength. |
Criminal Law and Procedure |
|
May 15, 2013 | |
B241397
|
People v. Ermi
Police officer’s search of girlfriend’s purse is valid where purse was found in shared bedroom, to which she and probationer both had access. |
Criminal Law and Procedure |
|
May 15, 2013 | |
S193938
|
People v. Park
Court may not impose sentencing enhancement for prior serious felonies on defendant whose prior felony conviction was reduced to misdemeanor. |
Criminal Law and Procedure |
|
May 14, 2013 | |
11-56360
|
Gonzalez v. City of Anaheim
Officer’s use of deadly force is reasonable after uncooperative suspect attempts to drive his car away with officer inside. |
Criminal Law and Procedure |
|
May 14, 2013 | |
D062125
|
People v. Zavala
Spreadsheets of calls based on cell phone data automatically collected at time calls are made are admissible evidence in criminal trial. |
Criminal Law and Procedure |
|
May 14, 2013 | |
11-16920
|
McCullough v. Graber
Bureau of Prisons is not required to use prisoner’s good time credits in determining eligibility for home detention under Second Chance Act's elderly offender pilot program. |
Criminal Law and Procedure |
|
May 13, 2013 | |
C070295
|
People v. Fisher
Job applicant is convicted under extortion statute for submitting letter with application threatening to vandalize property if not hired. |
Criminal Law and Procedure |
|
May 13, 2013 | |
C065059
|
People v. Ramos
Party bus passenger, who attacked other partygoers, invokes right to remain silent before arrest, but fails to properly object to use of statements. |
Criminal Law and Procedure |
|
May 13, 2013 | |
12-50095
|
U.S. v. Sandoval-Orellana
Guatemalan citizen is convicted for attempted entry into U.S. following deportation due to California conviction for sexual penetration by foreign object. |
Criminal Law and Procedure |
|
May 10, 2013 | |
11-50484
|
U.S. v. Sivilla
Government's negligent destruction of evidence before trial warrants remedial jury instruction, but not dismissal of criminal charges. |
Criminal Law and Procedure |
|
May 8, 2013 | |
B223451
|
People v. Mercado
Second degree murder conviction is appropriate in case arising from incident where defendant killed baby after hitting pregnant woman with car. |
Criminal Law and Procedure |
|
May 8, 2013 | |
H036977
|
People v. Tran
During trial to extend defendant's not guilty by reason of insanity commitment, defendant's counsel may waive right to jury trial. |
Criminal Law and Procedure |
|
May 8, 2013 | |
S030553
|
People v. Williams
Death sentence is upheld where prosecutor’s use of peremptory challenges against five African-American women prospective jurors does not show bias. |
Criminal Law and Procedure |
|
May 7, 2013 | |
D063022
|
Sisson v. Superior Court (Dumanis)
Defendant who attempted to flee police officers, causing them to open fire on vehicle and kill passenger, may seek review of officers' confidential personnel records. |
Criminal Law and Procedure |
|
May 7, 2013 | |
F062474
|
People v. Xiong
Statistical evidence on rarity of DNA profile used to identify killer of taxi cab driver is relevant and substantial enough to support conviction. |
Criminal Law and Procedure |
|
May 6, 2013 | |
C067380
|
People v. McCoy
Video testimony of quadriplegic victim is properly shown to jury where defendant had same motives in questioning her before trial, despite enhanced charges. |
Criminal Law and Procedure |
|
May 6, 2013 | |
13-71486
|
Amy & Vicky v. U.S. District Court (Cantrelle)
Restitution award to child pornography victims properly includes only part of what was requested, rather than imposing liability on defendant for all losses. |
Criminal Law and Procedure |
|
May 6, 2013 | |
S209167
|
Johnson v. S.C. (People)
Order |
Criminal Law and Procedure |
|
May 3, 2013 | |
S209192
|
People v. Ikeda
Does protective sweep of suspected drug trafficker’s motel room violate Fourth Amendment after officers hear voices and suspect a BB gun is inside room? |
Criminal Law and Procedure |
|
May 3, 2013 | |
S093756
|
People v. Williams
Excusal of prospective juror for cause is appropriate when he repeatedly expressed extreme discomfort with prospect of imposing death penalty. |
Criminal Law and Procedure |
|
May 3, 2013 | |
C070272
|
People v. Conley
Defendant who was sentenced under three strikes law is not entitled to resentencing under Proposition 36, but may petition for recall of sentence. |
Criminal Law and Procedure |
|
May 3, 2013 | |
S190713
|
People v. Wilkins
Instructional error causes reversal of first-degree murder conviction of defendant who burglarized a stove, which later fell from his truck, killing another driver. |
Criminal Law and Procedure |
|
May 3, 2013 | |
S208843
|
People v. Whitmer
Does the definition of ‘automobile’ in grand theft statute extend to include motorcycles? |
Criminal Law and Procedure |
|
May 3, 2013 | |
12-30174
|
U.S. v. Mancuso
Dentist's convictions for maintaining drug-involved premises at office and home are overturned due to incorrect instruction regarding purpose of premises. |
Criminal Law and Procedure |
|
May 2, 2013 | |
12-30155
|
U.S. v. Stanfill El
Defendant does not have right to jury trial where he was charged with petty offense for which maximum term of imprisonment was six months. |
Criminal Law and Procedure |
|
May 1, 2013 |