Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
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. 29, 2013 | |
B243715
|
People v. Hunt
Probation revocation fine totaling $240 must be imposed on defendant who received suspended sentence and was placed on probation for transporting cocaine. |
Criminal Law and Procedure |
|
Jan. 28, 2013 | |
H037366
|
People v. International Fidelity Insurance Co.
Attorney’s loss of contact with defendant is insufficient ground for forfeiture of bail bonds because attorney continued to appear for defendant in court. |
Criminal Law and Procedure |
|
Jan. 25, 2013 | |
08-16186
|
Thompson v. Runnels
Defendant’s post-Miranda statements admitting to murder, as well as videotaped reenactment, are admissible because no police misconduct occurred. |
Criminal Law and Procedure |
|
Jan. 24, 2013 | |
H037306
|
People v. Tinker
Defendant who pleaded no contest to transportation of methamphetamine is entitled to presentence conduct credits due to former statute in effect at time. |
Criminal Law and Procedure |
|
Jan. 24, 2013 | |
A132152
|
People v. Smith
State must prove sexually violent predator is not entitled to conditional release when he supported petition with favorable annual psychological evaluation recommending release. |
Criminal Law and Procedure |
|
Jan. 23, 2013 | |
B235448
|
People v. Navarro
First Amendment does not protect defendant, who was found guilty of dissuading witness from reporting crime, when he grabbed phone from victim while she called police. |
Criminal Law and Procedure |
|
Jan. 22, 2013 | |
08-99032
|
Hurles v. Ryan
Judicial recusal may be appropriate where judge became involved in capital defendant’s appeal by making statements regarding evidence of guilt before trial. |
Criminal Law and Procedure |
|
Jan. 21, 2013 | |
G046081
|
People v. Nguyen
Convictions for attempted unlawful assault weapon activity and attempted possession of assault weapon are correct, even if AK-47 was not yet fully assembled. |
Criminal Law and Procedure |
|
Jan. 21, 2013 | |
12-10000
|
U.S. v. Gallegos-Galindo
Removed alien who illegally reentered country after being convicted of third-degree rape is properly sentenced with 16-level crime of violence enhancement. |
Criminal Law and Procedure |
|
Jan. 17, 2013 | |
H036965
|
People v. Caldwell
Prosecutor does not commit misconduct by rebutting claim that police detective lied regarding photo lineups and asserting that detective had no reason to lie. |
Criminal Law and Procedure |
|
Jan. 17, 2013 | |
B239163
|
People v. Guillen
Defendant convicted of driving with a 0.08 percent or higher blood alcohol content with admission of prior felony must serve sentence in state prison. |
Criminal Law and Procedure |
|
Jan. 16, 2013 | |
B231123
|
People v. Lujan
Child witness is allowed to testify remotely over closed-circuit television when face-to-face confrontation with defendant would cause trauma. |
Criminal Law and Procedure |
|
Jan. 16, 2013 | |
11-30127
|
U.S. v. Vidal-Mendoza
Removal proceedings do not violate due process rights of alien who illegally reentered country because at time of removal order, alien was ineligible for relief. |
Criminal Law and Procedure |
|
Jan. 15, 2013 | |
09-99021
|
Gentry v. Sinclair
District court improperly concludes that claim for ineffective assistance in failing to present mitigating evidence at penalty phase was procedurally defaulted. |
Criminal Law and Procedure |
|
Jan. 15, 2013 | |
11-10472
|
U.S. v. Jensen
Following defendant's failure to appear for service of sentence and subsequent conviction, court applies five-year, rather than two-year, maximum sentence. |
Criminal Law and Procedure |
|
Jan. 14, 2013 | |
11-10540
|
U.S. v. Hardeman
Enhanced penalty for committing sex offense involving minor when defendant was already required to register as sex offender is not retrospective additional punishment. |
Criminal Law and Procedure |
|
Jan. 14, 2013 | |
11-50503
|
U.S. v. Harris
Airport employee violates statute prohibiting carrying of concealed dangerous weapon on aircraft when he helped passenger smuggle pocketknife past security. |
Criminal Law and Procedure |
|
Jan. 14, 2013 | |
C070266
|
People v. Griffis
Defendant may be entitled to county, rather than state, sentence because court relied on reference in probation report to find Washington felonies were strikes. |
Criminal Law and Procedure |
|
Jan. 14, 2013 | |
09-50408
|
U.S. v. Ramos-Medina
First degree residential burglary under California Penal Code Section 459 constitutes crime of violence under immigration laws and for purposes of sentencing. |
Criminal Law and Procedure |
|
Jan. 13, 2013 | |
11-16784
|
Babb v. Lozowsky
In case of woman who murdered cab driver, Nevada state court’s incorrect application of federal law is harmless because jury convicted her on different theory of murder. |
Criminal Law and Procedure |
|
Jan. 13, 2013 | |
A123119
|
People v. McKnight
Sexually violent predator's recommitment under Sexually Violent Predator Act does not violate equal protection because predators pose substantially high risk to society. |
Criminal Law and Procedure |
|
Jan. 13, 2013 | |
B232977
|
People v. Avila
Prisoner's conviction for threatening public officials is upheld even though his threats were made while he was in custody with no 'stated release date.' |
Criminal Law and Procedure |
|
Jan. 10, 2013 | |
B237074
|
People v. Mayham
Following removal of continuously disruptive defendant from courtroom, judge is not required to provide audio or video feed to allow him to hear testimony. |
Criminal Law and Procedure |
|
Jan. 10, 2013 | |
11-8976
|
Smith v U.S.
Defendant's convictions for conspiracy to distribute narcotics are upheld because burden to prove affirmative defense of withdrawal from conspiracy was on defendant. |
Criminal Law and Procedure |
|
Jan. 9, 2013 | |
10-36063
|
U.S. v. Olsen
Prosecution does not need to tell defense about incompetence of forensic scientist when evidence showed defendant intended to use poison found by scientist. |
Criminal Law and Procedure |
|
Jan. 8, 2013 | |
09-99008
|
Cunningham v. Wong
District attorney does not commit misconduct by declining to hand over deceased victim’s autopsy report, which was attainable by defense. |
Criminal Law and Procedure |
|
Jan. 8, 2013 | |
11-10539
|
U.S. v. Juan
Even if prosecution's statements to district judge wrongly threatened its own witness, defendant fails to show misconduct because witness did not hear statements. |
Criminal Law and Procedure |
|
Jan. 7, 2013 | |
10-50631
|
U.S. v. Dreyer
District court commits plain error by failing to order competency hearing sua sponte despite record raising genuine doubt regarding defendant’s competency. |
Criminal Law and Procedure |
|
Jan. 7, 2013 | |
11-55249
|
Henderson v. Johnson
Inmate’s federal habeas petition over murder conviction is improperly dismissed where inmate was not given leave to amend petition or request stay. |
Criminal Law and Procedure |
|
Jan. 3, 2013 |