Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
13-30253
|
U.S. v. Spears
Drug offender may not benefit from recent amendment to sentencing guideline that increased triggering threshold for certain crack cocaine offenses. |
Criminal Law and Procedure |
|
Jun. 2, 2016 | |
H040914
|
People v. Garcia
Convictions for forcible lewd acts on child upheld where prosecution need not establish when offenses actually occurred since information only refers to "on or about" dates. |
Criminal Law and Procedure |
|
Jun. 1, 2016 | |
B263849
|
People v. Acosta
Defendant unsuccessful in challenging imposition of prior prison term enhancements on aggregate sentence where enhancements do not attach to a particular count or case. |
Criminal Law and Procedure |
|
Jun. 1, 2016 | |
B260892
|
People v. Zendejas
Where multiple defendants are charged with common crimes based on common events, court did not err in trying defendant jointly, notwithstanding defendant's claim it caused her torment. |
Criminal Law and Procedure |
|
Jun. 1, 2016 | |
H042604
|
People v. Santa Ana
Following credit for period of custody against probationary jail term from earlier case, court properly did not also credit that period against consecutive jail term in instant case. |
Criminal Law and Procedure |
|
Jun. 1, 2016 | |
B269150
|
Gray v. Superior Court (People)
Trial court's denial of fee request by defendant in criminal infraction case is not appealable because such order does not affect substantial rights. |
Criminal Law and Procedure |
|
Jun. 1, 2016 | |
C076318
|
People v. Potts
Defendant, who was under home detention program, commits felony escape when he willfully took a detour from work prior to end of workday. |
Criminal Law and Procedure |
|
Jun. 1, 2016 | |
B266850
|
People v. Zamarripa
Individual seeking reclassification of felony under Prop. 47 may be disqualified by certain 'prior' convictions, whether or not those priors occurred before or after the offense for which the individual seeks reclassification. |
Criminal Law and Procedure |
|
Jun. 1, 2016 | |
15-789
|
Johnson v. Lee
California's procedural bar of defaulted claims under <EM>In re Dixon</EM> is adequate; Ninth Circuit's decision to contrary reversed. |
Criminal Law and Procedure |
|
May 31, 2016 | |
15-8366
|
Lynch v. Arizona
Capital defendant who is ineligible for parole under Arizona law has due process right to inform jury of this fact under 'Simmons.' |
Criminal Law and Procedure |
|
May 31, 2016 | |
14-10510
|
U.S. v. Inouye
No abuse of discretion in setting restitution at eight percent of defendant's gross monthly income in connection with revocation of supervised release. |
Criminal Law and Procedure |
|
May 31, 2016 | |
H040226
|
People v. Bankers Insurance Co.
Filing of amended complaint does not warrant exoneration of bond where amendment, though unauthorized, did not materially increase surety's risk under the bond. |
Criminal Law and Procedure |
|
May 31, 2016 | |
H041847
|
People v. Nice
Police officer's visual speed estimation, combined with experience and expertise, provided reasonable suspicion for traffic stop, defeating defendants' suppression motion. |
Criminal Law and Procedure |
|
May 30, 2016 | |
A143082
|
People v. Young
Warrantless search of sex offender lawful though occurring one year and one day after initial placement on postrelease community supervision, which year no violation occurred. |
Criminal Law and Procedure |
|
May 30, 2016 | |
C071195
|
People v. Vasquez
Defendants unsuccessful in challenging imposition of gang enhancements where prosecution presents sufficient evidence that multiple Norteno gang subsets acted as single group. |
Criminal Law and Procedure |
|
May 26, 2016 | |
14-99008
|
Smith v. Ryan
Denial of federal habeas petition proper in case challenging death sentence under Antiterrorism and Effective Death Penalty Act. |
Criminal Law and Procedure |
|
May 26, 2016 | |
S077524
|
People v. Salazar
Sentencing court may use defendant's prior juvenile murder conviction as basis for special circumstance that made current first degree murder conviction punishable by death. |
Criminal Law and Procedure |
|
May 26, 2016 | |
S217699
|
People v. Franklin
Constitutional claim by juvenile homicide offender serving two consecutive 25-years-to-life sentences rendered moot by newly-enacted statutes requiring parole hearing by 25th year of incarceration. |
Criminal Law and Procedure |
|
May 26, 2016 | |
S223651
|
In re Richards
Husband convicted of wife's murder obtains habeas relief following expert witness's retraction of bite mark testimony, which constituted 'false evidence' under recently-amended Penal Code Section 1473. |
Criminal Law and Procedure |
|
May 26, 2016 | |
E064010
|
Jackson v. Superior Court (People)
Following denial of relief to petitioner ordered committed to state hospital, court urges Legislature to amend Penal Code Section 1370(c)(2) to provide courts more clarity. |
Criminal Law and Procedure |
|
May 25, 2016 | |
14-16399
|
Rodriguez v. Copenhaver
Bureau of Prison's reliance on recused judge's letter in denying federal prisoner's nunc pro tunc designation of his sentence legally erroneous and violates due process. |
Criminal Law and Procedure |
|
May 25, 2016 | |
A144800
|
People v. Lehman
Grandfather unsuccessful in challenging $1 million noneconomic restitution award to victims, his granddaughters. |
Criminal Law and Procedure |
|
May 25, 2016 | |
B260373
|
County of Los Angeles v. Financial Casualty & Surety Inc.
Trial court lacks jurisdiction over bail bond under Penal Code Section 1305(b) where surety was never notified of bail forfeiture due to clerk error. |
Criminal Law and Procedure |
|
May 25, 2016 | |
C072053
|
People v. Conejo
No alteration on rehearing, where defendants successful in reversing gang enhancement in light of 'People v. Prunty.' |
Criminal Law and Procedure |
|
May 25, 2016 | |
14–8349
|
Foster v. Chatman
Georgia Supreme Court's rejection of convicted murderer's 'Batson' claims clearly erroneous in light of prosecution's persistent focus on race, demonstrating racial animosity. |
Criminal Law and Procedure |
|
May 24, 2016 | |
S220247
|
People v. Robinson
Where same evidence is required to support all elements of misdemeanor sexual battery and sexual battery by fraudulent representation, former offense is not lesser included offense of the latter. |
Criminal Law and Procedure |
|
May 24, 2016 | |
B249467
|
People v. Aleman
Cronies fail to escape murder conviction in killing of 'big shot' they have had 'beef' with in light of compelling evidence against them. |
Criminal Law and Procedure |
|
May 24, 2016 | |
B258587
|
People v. Cowan
Although prosecutor commits misconduct in stating incorrect presumption of innocence, error harmless beyond reasonable doubt due partly to proper instructions and overwhelming evidence of guilt. |
Criminal Law and Procedure |
|
May 24, 2016 | |
14-35897
|
Carrillo-Carrillo v. Coursey
Dismissal of federal habeas petition reversed where petitioner fairly presents to Oregon courts his claims that trial counsel rendered ineffective assistance. |
Criminal Law and Procedure |
|
May 24, 2016 | |
E062858
|
People v. Smith
Check exchange business constitutes 'commercial establishment' for purposes of shoplifting statute, Penal Code Section 459.5, added under Proposition 47. |
Criminal Law and Procedure |
|
May 24, 2016 |