Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
E052297
|
People v. Goolsby
Motor home resident may not be charged with arson of an inhabited structure for setting fire to motor home because they are not considered structures. |
Criminal Law and Procedure |
|
May 1, 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 1, 2013 | |
B246632
|
People v. Superior Court (Kaulick)
Court mistakenly grants inmate's request for resentencing under Three Strikes Reform Act of 2012 without giving prosecution chance to establish his dangerousness. |
Criminal Law and Procedure |
|
May 1, 2013 | |
11-50346
|
U.S. v. Ramirez
District court incorrectly instructs jury not to speculate as to why government declined to call intermediary in drug transaction as witness. |
Criminal Law and Procedure |
|
Apr. 30, 2013 | |
H036764
|
People v. Tran
Statements made by defendant's brother, which incriminated both of them, may be used to convict defendant of first degree murder. |
Criminal Law and Procedure |
|
Apr. 30, 2013 | |
B244574
|
Breceda v. Superior Court (People)
Embezzlement charges against city officials for taking excessively costly trips to New York are improper because prosecution did not provide exculpatory evidence. |
Criminal Law and Procedure |
|
Apr. 26, 2013 | |
H037195
|
People v. Fuquay
Paranoid schizophrenic defendant’s commitment to state hospital is extended despite trial court's failure to directly advise him of right to jury during proceedings. |
Criminal Law and Procedure |
|
Apr. 26, 2013 | |
H037530
|
People v. Mortimer
Trial court does not violate committed defendant’s jury trial right, which counsel waived, by failing to advise him at extension hearing. |
Criminal Law and Procedure |
|
Apr. 26, 2013 | |
12-56064
|
Jamerson v. Runnells
California courts correctly conclude that prosecutor had genuine, race-neutral justifications for striking four black jurors during jury selection. |
Criminal Law and Procedure |
|
Apr. 25, 2013 | |
H037207
|
People v. Blackburn
Although court failed to advise mentally disordered offender of right to jury trial at commitment extension hearing, commitment remains intact. |
Criminal Law and Procedure |
|
Apr. 24, 2013 | |
S192513
|
People v. McCullough
Defendant who failed to object to trial court’s imposition of booking fee after making guilty plea may not challenge fee on appeal. |
Criminal Law and Procedure |
|
Apr. 23, 2013 | |
S200612
|
People v. Nuckles
Woman is guilty of being an accessory because she helped parolee abscond from parole supervision by harboring him in her home. |
Criminal Law and Procedure |
|
Apr. 23, 2013 | |
11-50471
|
U.S. v. Bustos-Ochoa
Immigration judge’s failure to inform illegal alien of availability of possible relief from deportation does not prejudice alien because he was ineligible for relief. |
Criminal Law and Procedure |
|
Apr. 23, 2013 | |
12-30015
|
U.S. v. McClendon
Handgun discovered by police may be used as evidence because defendant discarded gun while walking away from police before they tackled him. |
Criminal Law and Procedure |
|
Apr. 22, 2013 | |
B185940
|
People v. Barba
In case involving murder of cab driver, DNA tests of bloody knife and sweatshirt used to convict defendant do not violate his constitutional rights. |
Criminal Law and Procedure |
|
Apr. 22, 2013 | |
11-30107
|
U.S. v. Barnes
FBI agents engage in prohibited interrogation process by deliberately delaying giving 'Miranda' warnings to induce defendant’s cooperation in drug investigation. |
Criminal Law and Procedure |
|
Apr. 19, 2013 | |
11-50376
|
U.S. v. Anguiano-Morfin
Former lawful permanent resident is convicted of making false claim of citizenship despite defense that he suffered delusion causing him to believe he was a citizen. |
Criminal Law and Procedure |
|
Apr. 19, 2013 | |
A132591
|
In re Stoneroad
Board of Parole Hearings' parole denial fails to properly consider factors bearing on parole suitability and is unsupported by evidence of current dangerousness. |
Criminal Law and Procedure |
|
Apr. 19, 2013 | |
A132915
|
People v. Harrison
Trial court has no duty to inform defendant of his option to request advisory counsel after granting his request to represent himself. |
Criminal Law and Procedure |
|
Apr. 19, 2013 | |
B236269
|
People v. McCall
Unlicensed student midwife is properly convicted of practicing medicine without certification, a felony, because she delivered child without supervision. |
Criminal Law and Procedure |
|
Apr. 19, 2013 | |
S200158
|
People v. Clancey
Trial court must resolve ambiguity as to whether its indicated sentence was appropriate punishment, regardless of whether guilt was secured by plea or trial. |
Criminal Law and Procedure |
|
Apr. 19, 2013 | |
11-1425
|
Missouri v. McNeely
In drunken-driving cases, absent other factors, natural metabolization of alcohol in bloodstream does not justify warrantless nonconsensual blood tests. |
Criminal Law and Procedure |
|
Apr. 18, 2013 | |
B238949
|
People v. Pellecer
Defendant's conviction for carrying concealed knives on his person is improper because his knives were inside his backpack, not on his body. |
Criminal Law and Procedure |
|
Apr. 18, 2013 | |
11-50353
|
U.S. v. Trujillo
Court must address non-frivolous arguments that defendant presented in support of his motion to lower his sentence for drug-related offense. |
Criminal Law and Procedure |
|
Apr. 17, 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 |
|
Apr. 16, 2013 | |
D060317
|
People v. Smith
Defendant gang member is correctly found guilty of second degree murder because aider and abettor liability is not limited to crimes committed by confederates. |
Criminal Law and Procedure |
|
Apr. 16, 2013 | |
06-50717
|
U.S. v. Garrido
City official's honest services mail fraud convictions are reversed for lack of evidence supporting involvement in bribery or kickback scheme. |
Criminal Law and Procedure |
|
Apr. 16, 2013 | |
A132360
|
People v. McEvoy
California's prohibition of incest does not violate constitutional rights due to state's interest in protecting integrity of family unit and prohibiting inbreeding. |
Criminal Law and Procedure |
|
Apr. 16, 2013 | |
B232609
|
People v. Vallejo
Jury foreman's decision to decline request for readback of testimony is not misconduct because only one juror wanted to rehear testimony. |
Criminal Law and Procedure |
|
Apr. 16, 2013 | |
11-30337
|
U.S. v. Petri
Identity thief receives five-year sentence for his active role in ATM skimming scheme that victimized more than 300 individuals and garnered more than $276,836. |
Criminal Law and Procedure |
|
Apr. 15, 2013 |