Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
C068893
|
People v. Peterson
Defendant’s plea agreement is set aside following falsehoods she made while testifying against co-defendant regarding true extent of her participation in crime. |
Criminal Law and Procedure |
|
Dec. 11, 2012 | |
C070272
|
People v. Conley
Man who was standing in middle of public road with blood-alcohol content of 0.19 percent is not illegally detained by police officer. |
Criminal Law and Procedure |
|
Dec. 10, 2012 | |
A133492
|
In re Denham
Board of Parole Hearings improperly denies parole for inmate who committed egregious crime, but was found to be at low risk of recidivism by psychologist. |
Criminal Law and Procedure |
|
Dec. 9, 2012 | |
11-56383
|
Ortiz v. Yates
Husband's cross-examination rights are violated in domestic violence trial where court precluded inquiry into incarceration threats prosecutor made to witness wife. |
Criminal Law and Procedure |
|
Dec. 6, 2012 | |
10-10224
|
U.S. v. Keyser
First amendment does not protect author from conviction when he wrote book on anthrax and mailed 120 packets of sugar labeled “Anthrax” to generate publicity. |
Criminal Law and Procedure |
|
Dec. 6, 2012 | |
A133492
|
In re Denham
Board of Parole Hearings improperly denies parole for inmate who committed egregious crime, but was found to be at low risk of recidivism by psychologist. |
Criminal Law and Procedure |
|
Dec. 5, 2012 | |
F062554
|
People v. Dydouangphan
Marijuana grower is properly sentenced for killing thief with shotgun because he could be punished for both voluntary manslaughter and shooting at vehicle. |
Criminal Law and Procedure |
|
Dec. 5, 2012 | |
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 |
|
Dec. 5, 2012 | |
11-50417
|
U.S. v. Hernandez-Estrada
Deported alien fails to show Southern District Court of California's jury selection process is unconstitutional because minorities are not substantially underrepresented. |
Criminal Law and Procedure |
|
Dec. 5, 2012 | |
B228209
|
People v. McCloud
Partygoers cannot be convicted of attempted murder for firing 10 shots into crowd because they did not intend to kill everyone in area around targeted victim. |
Criminal Law and Procedure |
|
Dec. 5, 2012 | |
D060048
|
People v. Lowe
Experts’ opinion regarding mental health and recidivism risk is admissible in determining whether defendant should be committed as sexually violent predator. |
Criminal Law and Procedure |
|
Dec. 3, 2012 | |
S044592
|
People v. Homick
Death sentence based on California murders committed by lying in wait is upheld despite prior federal murder-for-hire convictions involving same victims. |
Criminal Law and Procedure |
|
Dec. 3, 2012 | |
S189275
|
In re Richards
Man’s conviction for murdering his wife is supported even if expert later admitted that testimony was inaccurate in light of advances in technology. |
Criminal Law and Procedure |
|
Dec. 3, 2012 | |
S186707
|
People v. Schmitz
Police officer may search car based on parolee status of one of its passengers in areas where parolee could have stowed belongings. |
Criminal Law and Procedure |
|
Dec. 3, 2012 | |
11-10663
|
U.S. v. Arias-Espinosa
Alien who signed agreement waiving right to appeal may not later appeal, despite court’s statement that he ‘may have a right to appeal.’ |
Criminal Law and Procedure |
|
Dec. 2, 2012 | |
H036573
|
People v. Zeigler
Trial court incorrectly grants certificate of rehabilitation for convict without considering conduct underlying his recent nonviolent drug offense. |
Criminal Law and Procedure |
|
Dec. 2, 2012 | |
B229382
|
People v. Mejia
Gang members are found guilty of provocative act murder after their accomplice was killed by a rival gang member during a preplanned attack at rival's home. |
Criminal Law and Procedure |
|
Dec. 2, 2012 | |
B236985
|
People v. Sencion
Court must orally impose court facilities assessment and security fee on defendant as to all counts, including stayed counts. |
Criminal Law and Procedure |
|
Nov. 29, 2012 | |
09-50521
|
U.S. v. Cervantes
Community caretaking exception to warrant requirement does not apply where vehicle impoundment and inventory search constituted pretext to look for narcotics. |
Criminal Law and Procedure |
|
Nov. 28, 2012 | |
H036373
|
People v. Serrano
Alien facing deportation is not entitled to special form of review following his conviction because he had already been offered multitude of protections. |
Criminal Law and Procedure |
|
Nov. 28, 2012 | |
11-10529
|
U.S. v. Scott
Government may still argue that warrantless search of car was permissible after failing to file a timely response to motion to suppress evidence. |
Criminal Law and Procedure |
|
Nov. 27, 2012 | |
11-30101
|
U.S. v. Wahchumwah
During investigation of sale of eagle parts, agent’s use of warrantless audio-video recording device in suspect’s home does not violate privacy interests. |
Criminal Law and Procedure |
|
Nov. 27, 2012 | |
10-50253
|
U.S. v. Munguia
Conviction for possessing significant amount of pseudoephedrine is reversed because defendant claimed she did not know drug would be used to manufacture methemphetamine. |
Criminal Law and Procedure |
|
Nov. 27, 2012 | |
D059713
|
People v. Gonzalez
Juror who believed he knew sex crime victim's relative is properly left on jury after court inquiry revealed that juror's belief was mistaken. |
Criminal Law and Procedure |
|
Nov. 27, 2012 | |
E055690
|
People v. Johnson
Defendant may not set aside domestic violence charges based on early termination of his probation after his repeated failure to attend batterer’s program. |
Criminal Law and Procedure |
|
Nov. 23, 2012 | |
11-30150
|
U.S. v. Manning
Sentence for felon who possessed firearm is properly increased because he obstructed justice by lying to officer, skipping hearing, and fleeing to Mexico. |
Criminal Law and Procedure |
|
Nov. 23, 2012 | |
B236738
|
People v. Nocelotl
Kidnapper cannot withdraw plea after mistakenly believing he would be sentenced based on psychological reports, rather than warden's unfavorable report. |
Criminal Law and Procedure |
|
Nov. 21, 2012 | |
10-50114
|
U.S. v. Wiggan
Technician's conviction for perjury in connection with wiretapping conspiracy is overturned because grand jury foreperson was allowed to testify regarding her credibility. |
Criminal Law and Procedure |
|
Nov. 21, 2012 | |
D060457
|
People v. Barba
Forgers may be guilty of using another’s personal information to cash stolen checks, even if they did not impersonate anyone during scheme. |
Criminal Law and Procedure |
|
Nov. 21, 2012 | |
B235415
|
People v. Hawkins
Suspect who gave written search consent cannot appeal dismissal motion on hearsay grounds where he did not raise issue with trial court. |
Criminal Law and Procedure |
|
Nov. 21, 2012 |