Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
11-10380
|
U.S. v. Gonzalez
On drug-sale conspiracy charge, venue is proper in district where informant was located when calling defendant, who was outside of district. |
Criminal Law and Procedure |
|
Jun. 28, 2012 | |
D057568
|
People v. Loza
Conviction for first degree murder is improper where counsel was ineffective in failing to object to court's response to jury's questions regarding aiding and abetting. |
Criminal Law and Procedure |
|
Jun. 28, 2012 | |
S185305
|
People v. Thomas
Venue is proper in county where defendant lived and sold drugs even though drugs and firearm were stored in storage locker in neighboring county. |
Criminal Law and Procedure |
|
Jun. 28, 2012 | |
F061649
|
People v. Accredited Surety & Casualty Co.
Bond may be forfeited when defendant fails to appear at competency hearing because competency proceedings are part of criminal proceedings covered by bail bond. |
Criminal Law and Procedure |
|
Jun. 27, 2012 | |
05-50452
|
U.S. v. Meredith
Speech is not protected by First Amendment when it goes beyond mere encouragement and becomes integral part of crime. |
Criminal Law and Procedure |
|
Jun. 27, 2012 | |
S085578
|
People v. McDowell
Retrial of death penalty phase does not violate speedy trial right where 10-month delay was not prejudicial given complexity of case. |
Criminal Law and Procedure |
|
Jun. 26, 2012 | |
11-15115
|
Mackey v. Hoffman
Incarcerated habeas petitioner may be granted relief from judgment if his attorney’s abandonment caused him to fail to timely file notice of appeal. |
Criminal Law and Procedure |
|
Jun. 26, 2012 | |
B231579
|
People v. Rodriguez
Court miscalculates sentence under provision of One Strike law that was eliminated by Legislature and limited terms on multiple offenses committed on single occasion. |
Criminal Law and Procedure |
|
Jun. 26, 2012 | |
11-9307
|
Henderson v. United States
Does court commit reversible error when it imposes rehabilitation-oriented sentence exceeding sentencing range prior to Supreme Court's clarification of law? |
Criminal Law and Procedure |
|
Jun. 25, 2012 | |
10-9646
|
Miller v. Alabama
Eighth Amendment forbids sentencing scheme that mandates life in prison without possibility of parole for juvenile homicide offenders. |
Criminal Law and Procedure |
|
Jun. 25, 2012 | |
10-10393
|
U.S. v. Suarez
Court errs in applying mandatory minimum sentence when defendant had pled guilty to drug possession and entered deferred entry of judgment program. |
Criminal Law and Procedure |
|
Jun. 24, 2012 | |
10-50344
|
U.S. v. Collins
Court commits procedural error by failing to provide sufficient analysis for imposition of residency restrictions in lifetime term of supervised release. |
Criminal Law and Procedure |
|
Jun. 24, 2012 | |
11-55187
|
Johnson v. Uribe
District court abuses discretion by granting habeas petition subject only to resentencing where defendant received ineffective assistance of counsel throughout entire plea bargaining process. |
Criminal Law and Procedure |
|
Jun. 24, 2012 | |
10-50426
|
U.S. v. Rivera
Court violates defendant's Sixth Amendment right to fair trial when it excludes family members from courtroom during sentencing. |
Criminal Law and Procedure |
|
Jun. 24, 2012 | |
B230342
|
People v. Iboa
Defendant may be convicted for threatening unlawful violence on officer, which deterred performance of officer’s duty, without running afoul of First Amendment. |
Criminal Law and Procedure |
|
Jun. 24, 2012 | |
11-94
|
Southern Union Co. v. U. S.
Maximum punishment authorized for particular crime must be proved to jury beyond reasonable doubt where criminal fine is substantial enough to trigger Sixth Amendment’s jury-trial guarantee. |
Criminal Law and Procedure |
|
Jun. 21, 2012 | |
11-5683
|
Dorsey v. U.S.
Fair Sentencing Act’s new, lower mandatory minimum prison terms apply to post-Act sentencing of pre-Act crack cocaine offenders. |
Criminal Law and Procedure |
|
Jun. 21, 2012 | |
S163273
|
People v. Correa
By its plain language, Penal Code Section 654 does not bar multiple punishment for multiple violations of same criminal statute. |
Criminal Law and Procedure |
|
Jun. 21, 2012 | |
S179552
|
People v. Jones
Defendant may not be punished separately for being felon in possession of firearm, carrying concealed firearm, and carrying loaded firearm based on single act. |
Criminal Law and Procedure |
|
Jun. 21, 2012 | |
08-50148
|
U.S. v. Mak
Defendant who conspired to violate export control laws is properly convicted under Arms Export Control Act, which is not unconstitutionally vague because it is content neutral. |
Criminal Law and Procedure |
|
Jun. 21, 2012 | |
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 |
|
Jun. 21, 2012 | |
11-30017
|
U.S. v. Wing
Court lacks jurisdiction to revoke term of supervised released based on newly discovered violations of previously revoked term of supervised release. |
Criminal Law and Procedure |
|
Jun. 21, 2012 | |
09-16053
|
Marrero v. Ives
Claim that petitioner was wrongly classified as career offender under sentencing guidelines is not cognizable as claim of ‘actual innocence’ under escape hatch. |
Criminal Law and Procedure |
|
Jun. 19, 2012 | |
10-10470
|
U.S. v. Marquez-Lobos
For purposes of sentence enhancement for crime of violence, Arizona's kidnapping statute categorically meets generic definition of kidnapping. |
Criminal Law and Procedure |
|
Jun. 19, 2012 | |
11-30250
|
U.S. v. Becker
District court does not commit plain error by imposing sex offender registration condition on defendant who admitted to possessing child pornography. |
Criminal Law and Procedure |
|
Jun. 19, 2012 | |
11-35283
|
Peck v. Thomas
Bureau of Prisons' regulations categorically excluding certain classes of inmates from eligibility for early release is not violation of Administrative Procedure Act. |
Criminal Law and Procedure |
|
Jun. 19, 2012 | |
10-8505
|
Williams v. Illinois
Expert's testimony concerning third party lab's report does not violate Confrontation Clause where report was not admitted into evidence. |
Criminal Law and Procedure |
|
Jun. 18, 2012 | |
11-8976
|
Smith v. United States
When witnesses testify about colleagues' scientific reports, but report writers themselves do not testify, is Confrontation Clause violated? |
Criminal Law and Procedure |
|
Jun. 18, 2012 | |
S181963
|
People v. Brown
New formula for calculating local custody credits cannot be applied retroactively to defendant who had already been convicted prior to enactment of law. |
Criminal Law and Procedure |
|
Jun. 18, 2012 | |
10-16683
|
Briggs v. Grounds
Prosecutor exercises peremptory challenges in lawful manner when she questioned jurors similarly and provided race-neutral reasons for challenges. |
Criminal Law and Procedure |
|
Jun. 17, 2012 |