Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
12-30016
|
U.S. v. May
Restitution order incorrectly includes expenses U.S. Postal Service incurred during policy change to avert mail thefts where defendants committed theft before policy change. |
Criminal Law and Procedure |
|
Feb. 13, 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 |
|
Feb. 11, 2013 | |
H037850
|
In re Stevenson
Board of Parole Hearings properly denies prisoner parole where psychologists assessed him as having 'low to moderate' risk for violent recidivism. |
Criminal Law and Procedure |
|
Feb. 11, 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 |
|
Feb. 8, 2013 | |
09-56902
|
Cannedy v. Adams
Defense counsel provides deficient performance where he failed to present alleged victim’s Internet message recanting claims of molestation by her stepfather. |
Criminal Law and Procedure |
|
Feb. 8, 2013 | |
11-10618
|
U.S. v. Stone
Felon's conviction for possession of ammunition that traveled in interstate commerce is valid without evidence that he knew ammunition’s origins. |
Criminal Law and Procedure |
|
Feb. 8, 2013 | |
C070719
|
People v. Superior Court (Karsai)
Following exhaustive search for acceptable residence for sexually violent predator, he may be conditionally released into county as transient. |
Criminal Law and Procedure |
|
Feb. 8, 2013 | |
A127394
|
People v. Westmoreland
Murder and robbery convictions are overturned where defendant confessed to ‘robbery gone wrong’ in reliance on detective’s false promises of leniency. |
Criminal Law and Procedure |
|
Feb. 7, 2013 | |
B243654
|
People v. Corrales
Officer may pull over driver for texting while driving after seeing driver send text message while parked and later drive while making movements like he was texting. |
Criminal Law and Procedure |
|
Feb. 7, 2013 | |
10-15044
|
Dyer v. Hornbeck
Prosecution may use statements from interview of suspect without 'Miranda' warnings because she agreed to interview and was not told she was under arrest. |
Criminal Law and Procedure |
|
Feb. 7, 2013 | |
E054229
|
People v. Diaz
Officers' use of data taken from sensory diagnostic module of defendant’s car to determine speed at time of accident does not violate Fourth Amendment. |
Criminal Law and Procedure |
|
Feb. 7, 2013 | |
C064571
|
People v. Delgado
Gang member, who caused severe brain injury to victim, should not receive additional punishment when victim was initially nonresponsive, but not comatose. |
Criminal Law and Procedure |
|
Feb. 6, 2013 | |
11-16858
|
Smith v. Hedgpeth
Domestic violence sentence enhancements do not need to be considered in determining whether Double Jeopardy clause entitles defendant to habeas relief. |
Criminal Law and Procedure |
|
Feb. 6, 2013 | |
11-10511
|
U.S. v. Preston
Defendant's confession to sexually assaulting neighbor is not involuntary, despite defendant's diminished mental capacity, because officers did not use coercive tactics. |
Criminal Law and Procedure |
|
Feb. 6, 2013 | |
S054569
|
People v. Whalen
Defendant fails to overturn his death sentence for first-degree murder and robbery based on allegations of trial court’s pro-death penalty bias. |
Criminal Law and Procedure |
|
Feb. 5, 2013 | |
G046491
|
People v. Pangan
Victim in driving under the influence with injury case is not entitled to $70,000 payment based on $246 monthly decrease in pension payments due to accident. |
Criminal Law and Procedure |
|
Feb. 5, 2013 | |
D060779
|
People v. Poulsom
Despite prior finding to the contrary, defendant’s high-risk behavior following release on parole qualifies him as sexually violent predator. |
Criminal Law and Procedure |
|
Feb. 4, 2013 | |
A131542
|
People v. Hodges
Robbery conviction is overturned due to misleading jury instructions in case of man who hit guard with car while attempting to steal items from Safeway. |
Criminal Law and Procedure |
|
Feb. 4, 2013 | |
11-10584
|
U.S. v. Davis
Money launderer must forfeit $1.29 million to Dept. of Justice and pay $95,000 in restitution to FBI for funds spent in operation leading to his arrest. |
Criminal Law and Procedure |
|
Feb. 4, 2013 | |
11-10067
|
U.S. v. Doe
Drug-trafficker may not avoid prosecution by asserting he was working for FBI, and instead, must prove he did not know he possessed drugs. |
Criminal Law and Procedure |
|
Feb. 1, 2013 | |
C067767
|
People v. Lisea
Gang member receives 25-year-to-life gang firearm enhancement stemming from confrontation between rival gang members in grocery store parking lot. |
Criminal Law and Procedure |
|
Feb. 1, 2013 | |
11-10397
|
U.S. v. Jesus-Castaneda
Confidential informant may testify at trial in fake wig and mustache without violating defendant's Sixth Amendment Confrontation Clause rights. |
Criminal Law and Procedure |
|
Jan. 31, 2013 | |
B238600
|
People v. Ikeda
Police may conduct protective sweep of suspected drug trafficker’s motel room when they heard other voices in room and suspect said BB gun was inside. |
Criminal Law and Procedure |
|
Jan. 31, 2013 | |
B239848
|
People v. Western Insurance Co.
Bond is exonerated because trial court permitted defendant to travel to Philippines and escape apprehension without surety’s knowledge or consent. |
Criminal Law and Procedure |
|
Jan. 31, 2013 | |
B236100
|
People v. Achrem
Schizophrenic parolee is properly certified as mentally disordered offender for treatment at hospital based on his prior treatment at parole outpatient clinic. |
Criminal Law and Procedure |
|
Jan. 30, 2013 | |
F063712
|
People v. Yearwood
Inmate may not use amended three strikes law to retroactively overturn his indeterminate life sentence for marijuana possession without petitioning for recall. |
Criminal Law and Procedure |
|
Jan. 30, 2013 | |
G046040
|
People v. Hul
Defendant is entitled to additional 156 days of conduct credit following his conviction for cocaine possession pursuant to Criminal Justice Realignment Act of 2011. |
Criminal Law and Procedure |
|
Jan. 30, 2013 | |
H037182
|
People v. Cuevas
Mentally retarded individual cannot be involuntarily committed absent showing of causal link between his mental retardation and dangerousness. |
Criminal Law and Procedure |
|
Jan. 30, 2013 | |
G046502
|
Brown v. Superior Court (People)
Defendant may be involuntarily committed even though circumstances delayed his full evaluation as to whether he qualified as sexually violent predator. |
Criminal Law and Procedure |
|
Jan. 29, 2013 | |
B231038
|
People v. Whitmer
Dealership manager who arranged fraudulent sale of 20 motorcycles is properly found guilty of grand theft because property exceeded $400 in value. |
Criminal Law and Procedure |
|
Jan. 29, 2013 |