Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D069277
|
People v. Reyes
Prosecutor's rebuttal argument concerning teenage victim's sexual orientation does not constitute misconduct that would justify reversal of rapist's convictions. |
Criminal Law and Procedure |
|
Mar. 31, 2016 | |
D069277
|
People v. Reyes
Prosecutor's rebuttal argument concerning teenage victim's sexual orientation does not constitute misconduct that would justify reversal of rapist's convictions. |
Criminal Law and Procedure |
|
Mar. 31, 2016 | |
B263029
|
People v. Fedalizo
Where appointed public defender waives resentencing petitioner's right to appear (pursuant, ostensibly, to petitioner's direction), petitioner cannot claim his constitutional right to self-representation was violated. |
Criminal Law and Procedure |
|
Mar. 31, 2016 | |
C074824
|
People v. Jones
Remand not warranted where current law does not require trial court to provide written reason in minutes for dismissing defendant's strikes. |
Criminal Law and Procedure |
|
Mar. 31, 2016 | |
G050481
|
People v. Sanchez
Criminal defendant's constitutional and statutory right to be present at sentencing violated where court resentenced him in his absence. |
Criminal Law and Procedure |
|
Mar. 30, 2016 | |
13-10637
|
U.S. v. Hernandez-Lara
Sentence affirmed where definition of "crime of violence" is unconstitutionally vague and thus cannot provide basis upon which to impose sentencing enhancement. |
Criminal Law and Procedure |
|
Mar. 30, 2016 | |
C072880
|
People v. Ybarra
Where counts from different violent offenses are joined, as being within the 'same class of crimes,' undue prejudice does not exist merely because evidence from two offenses is moderately imbalanced, or because evidence is not cross-admissible. |
Criminal Law and Procedure |
|
Mar. 30, 2016 | |
12-17607
|
Brooks v. Yates
Counsel's 'virtual abandonment' of his client amounts to extraordinary circumstance warranting relief under FRCP 60(b) following dismissal of client's habeas petition as untimely. |
Criminal Law and Procedure |
|
Mar. 29, 2016 | |
14-10557
|
U.S. v. Basa
Sentencing enhancement applies to sex trafficking conviction even though defendant did not herself have sex with victims; nor was application of additional enhancement impermissible double counting. |
Criminal Law and Procedure |
|
Mar. 29, 2016 | |
S076785
|
People v. Rangel
Defendant's failure to raise meritorious claims of error results in affirmance of judgment of death for first degree murder convictions. |
Criminal Law and Procedure |
|
Mar. 29, 2016 | |
C077159
|
People v. Rogers
Where defendant waives preliminary hearing, additional counts and enhancements may not be subsequently added, as any such additions must be based on evidence presented at a preliminary hearing. |
Criminal Law and Procedure |
|
Mar. 29, 2016 | |
F068958
|
People v. Arellano
Convictions for possession of assault weapon and active participation in criminal street gang reversed where 'Batson/Wheeler' motion alleging dismissal based on race wrongly denied. |
Criminal Law and Procedure |
|
Mar. 28, 2016 | |
C078962
|
People v. Zaun
Burglar fails to overturn attempt convictions over aborted burglaries of occupied homes committed in 2013. |
Criminal Law and Procedure |
|
Mar. 28, 2016 | |
H040327
|
People v. Florez
Use of 'shall' in Prop 36 resentencing statute does not create presumption favoring resentencing of eligible petitioners. |
Criminal Law and Procedure |
|
Mar. 28, 2016 | |
H042115
|
People v. Soto
Probation condition requiring probationer to obtain permission before changing residence or leaving California is unconstitutional. |
Criminal Law and Procedure |
|
Mar. 28, 2016 | |
A141172
|
People v. Brown
Conviction for resisting a police officer conditionally reversed where judge failed to sua sponte instruct jury on lesser necessarily included offense of simple assault. |
Criminal Law and Procedure |
|
Mar. 25, 2016 | |
B262149
|
People v. Solis
Taking an auto, in violation of Vehicle Code Section 10851(a), not an offense eligible for resentencing under Proposition 47. |
Criminal Law and Procedure |
|
Mar. 25, 2016 | |
F069270
|
People v. Kelly
Where same act of kidnapping supported both aggravated kidnapping circumstance and simple kidnapping conviction, sentencing court must stay latter sentence under Penal Code Section 654. |
Criminal Law and Procedure |
|
Mar. 25, 2016 | |
H040980
|
People v. Arredondo
Consent imputed to California drivers cannot itself justify warrantless blood draw from unconscious driver; nevertheless, drunk driving conviction is upheld. |
Criminal Law and Procedure |
|
Mar. 25, 2016 | |
14-16928
|
Habeas Corpus Resource Center v. United States Dept. of Justice
Case challenging Attorney General's regulations dismissed for lack of jurisdiction where criminal defender organizations suffer no injury in fact and thus lack standing. |
Criminal Law and Procedure |
|
Mar. 24, 2016 | |
14-10365
|
U.S. v. Lundin
Court correctly suppresses handguns seized from defendant's home following a warrantless search that is not justified by exigent circumstances. |
Criminal Law and Procedure |
|
Mar. 23, 2016 | |
E062790
|
People v. Bush
Petitioner's felony convictions for receiving stolen property may be eligible for resentencing as misdemeanors under Proposition 47, where record is unclear whether property involved exceeded $950. |
Criminal Law and Procedure |
|
Mar. 23, 2016 | |
B263075
|
People v. Aguilar
Defendant's prior felony conviction for carrying concealed firearm in a vehicle is crime of moral turpitude admissible for impeachment purposes. |
Criminal Law and Procedure |
|
Mar. 23, 2016 | |
A140628
|
People v. Giron-Chamul
Young daughter's refusal to answer many questions regarding father's offense of conviction warranted reversal where it constituted violation of his constitutional right to confrontation. |
Criminal Law and Procedure |
|
Mar. 22, 2016 | |
13-16273
|
Shirley v. Yates
Prisoner obtains habeas relief following court's error in denying 'Batson' claim alleging racial discrimination in prosecutor's dismissal of black veniremember. |
Criminal Law and Procedure |
|
Mar. 22, 2016 | |
11-35114
|
Frost v. Gilbert
Error preventing counsel from making alternative arguments in summation not prejudicial, where insufficiency argument would have 'fallen on deaf ears' due to overwhelming prosecutorial evidence. |
Criminal Law and Procedure |
|
Mar. 22, 2016 | |
14-30204
|
U.S. v. Nickle
District court erroneously rejects drug offender's plea though his plea otherwise met Federal Rule of Civil Procedure 11(b)'s requirements. |
Criminal Law and Procedure |
|
Mar. 22, 2016 | |
A141407
|
People v. Smith
Continuance should be granted under PC 1050 where preliminary hearing will still fall within statutorily mandated ten-day window (PC 859(b)), even absent good cause. |
Criminal Law and Procedure |
|
Mar. 21, 2016 | |
B257829
|
People v. Adams
Cousins' convictions for forcible rape in concert, aggravated kidnapping, and related offenses remain intact despite error in failing to stay punishment on kidnapping conviction. |
Criminal Law and Procedure |
|
Mar. 18, 2016 | |
S219889
|
People v. Juarez
Conspiracy charges that contain all elements of twice-dismissed attempted murder charges must be dismissed because they constitute 'the same offense' under Penal Code Section 1387. |
Criminal Law and Procedure |
|
Mar. 18, 2016 |