| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C067148
|
People v. Johnson
Two-year concurrent sentence based on enhancement for committing offense while on felony bail is stricken because punishment was contrary to statute. |
Criminal Law and Procedure |
|
Aug. 23, 2012 | |
|
F061058
|
People v. Robertson
Evidence is sufficient to support conviction for aggravated kidnapping for purpose of committing rape where defendant moved victim from back of garage to front. |
Criminal Law and Procedure |
|
Aug. 22, 2012 | |
|
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 |
|
Aug. 22, 2012 | |
|
B239342
|
People v. Rodriguez
Appeal must be dismissed where defendant challenged validity of nolo contendere plea, but failed to obtain certificate of probable cause. |
Criminal Law and Procedure |
|
Aug. 22, 2012 | |
|
10-50500
|
U.S. v. McTiernan
Court properly declines to suppress intercepted recording where defendant failed to prove that recording was made for unlawful purpose. |
Criminal Law and Procedure |
|
Aug. 21, 2012 | |
|
S190647
|
People v. Caballero
Sentence of life in prison without parole for non-homicide juvenile offender constitutes cruel and unusual punishment under Eighth Amendment. |
Criminal Law and Procedure |
|
Aug. 17, 2012 | |
|
08-17790
|
Sessoms v. Runnels
‘Davis’ rule that suspect must unambiguously request counsel is inapplicable when suspect has not yet waived his ‘Miranda’ rights. |
Criminal Law and Procedure |
|
Aug. 17, 2012 | |
|
09-10492
|
U.S. v. Duenas
While police violated defendants' rights by allowing media onto property during execution of warrant, evidence is not excluded because media did not disturb evidence. |
Criminal Law and Procedure |
|
Aug. 17, 2012 | |
|
10-99006
|
Jones v. Ryan
Prosecutor's incorrect statement regarding kicked-in door did not amount to misconduct because discrepancy was immaterial and would not have undermined testimony. |
Criminal Law and Procedure |
|
Aug. 17, 2012 | |
|
H036414
|
People v. Diaz
Failure to give cautionary instruction regarding evidence of criminal threats is harmless where jury would not have reached more favorable result had instruction been given. |
Criminal Law and Procedure |
|
Aug. 17, 2012 | |
|
B241132
|
Swarthout v. Superior Court (Culver City Police Dept.)
Trial court lacks authority to issue transfer order for inmate in state prison where there is no statutory basis for transfer. |
Criminal Law and Procedure |
|
Aug. 17, 2012 | |
|
10-50575
|
U.S. v. Acosta-Sierra
Defendant who threw rock at federal officer is not guilty of assault where officer was not aware of threat of harm until after it had passed. |
Criminal Law and Procedure |
|
Aug. 16, 2012 | |
|
A133226
|
People v. Coleman
Order authorizing involuntary medication for purpose of restoring defendant to competence is sufficiently specific by implicitly relying on prior treatment plan. |
Criminal Law and Procedure |
|
Aug. 16, 2012 | |
|
S191747
|
People v. Sauceda-Contreras
Where suspect makes ambiguous statement that could be construed as invocation of his ‘Miranda’ rights, officer may clarify intent to invoke or waive rights. |
Criminal Law and Procedure |
|
Aug. 14, 2012 | |
|
S062180
|
People v. Valdez
Order preventing disclosure of witnesses' identities prior to testimony is valid where trial court allowed for continuances and further investigation. |
Criminal Law and Procedure |
|
Aug. 10, 2012 | |
|
11-30181
|
U.S. v. Henry
Second Amendment does not provide right to keep machine gun in home because it is dangerous and unusual weapon. |
Criminal Law and Procedure |
|
Aug. 10, 2012 | |
|
11-50340
|
U.S. v. Flores-Mejia
Defendant who unlawfully reentered country after being deported is properly given 16-level enhancement because convictions for robbery are still categorical crimes of violence. |
Criminal Law and Procedure |
|
Aug. 10, 2012 | |
|
A126064
|
People v. Robinson
Evidence obtained from warrantless entry is properly considered because testing of key in lock was minimal intrusion and needed for legitimate government interest. |
Criminal Law and Procedure |
|
Aug. 9, 2012 | |
|
10-10389
|
U.S. v. Huang
Defendant does not need to be personally involved in importation of drugs for purposes of two-point sentencing enhancement for importation. |
Criminal Law and Procedure |
|
Aug. 9, 2012 | |
|
11-10038
|
U.S. v. Turner
Term of supervised release is not tolled where defendant was detained after his term of imprisonment had expired pending civil commitment hearing under Adam Walsh Act. |
Criminal Law and Procedure |
|
Aug. 8, 2012 | |
|
11-35195
|
U.S. v. Golden Valley Electric Association
Administrative subpoena related to drug investigation, which ordered electricity cooperative to provide power consumption records, does not violate customers' Fourth Amendment rights. |
Criminal Law and Procedure |
|
Aug. 8, 2012 | |
|
11-50075
|
U.S. v. Bustamante
Admission of affidavit testifying to contents of birth records violates Confrontation Clause where defendant lacked opportunity to cross-examine clerk who prepared document. |
Criminal Law and Procedure |
|
Aug. 8, 2012 | |
|
S077033
|
People v. Duenas
In murder case, trial court does not abuse its discretion by admitting into evidence computer animation used by expert witness to illustrate theory. |
Criminal Law and Procedure |
|
Aug. 7, 2012 | |
|
S182598
|
People v. Turnage
Felony conviction for planting false bomb does not violate equal protection because distinction between false bomb crimes and false weapon of mass destruction crimes is not irrational. |
Criminal Law and Procedure |
|
Aug. 7, 2012 | |
|
08-30385
|
U.S. v. Pineda-Moreno
Suppression of evidence obtained by attaching tracking devices on vehicle in public areas is not warranted because agents objectively relied on then-binding precedent. |
Criminal Law and Procedure |
|
Aug. 7, 2012 | |
|
09-17239
|
Jackson v. State of Nevada
Preventing defendant from presenting testimony regarding alleged victim’s prior false sexual assault claims violates defendant’s right to present complete defense. |
Criminal Law and Procedure |
|
Aug. 7, 2012 | |
|
B235011
|
People v. Martinez
Defendant may not be convicted of both semiautomatic firearm assault and lesser included offense of assault with firearm. |
Criminal Law and Procedure |
|
Aug. 7, 2012 | |
|
C068098
|
In re Montgomery
Board of Parole Hearings' decision to deny parole is supported by some evidence because inmate possessed prohibited substance while incarcerated. |
Criminal Law and Procedure |
|
Aug. 6, 2012 | |
|
08-99017
|
Dickens v. Ryan
Defendant's actions sufficiently contribute to murders to warrant death penalty where he was actively involved in every aspect of robberies that lead to murders. |
Criminal Law and Procedure |
|
Aug. 6, 2012 | |
|
S067353
|
People v. Gonzales
Defendant is properly denied new trial because jurors' statements about mental processes by which their verdict was reached are expressly barred. |
Criminal Law and Procedure |
|
Aug. 3, 2012 |