Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
C076061
|
People v. American Contractors IndemnityCo.
Parties allowed 60-day window, not 15, to object to untimely summary judgments in effort to exonerate bail bonds |
Criminal Law and Procedure |
|
Jul. 21, 2015 | |
A141043
|
People v. Cowart
Trial court cannot order dementia-afflicted defendant to state hospital for felony involving death as hit and run statute's gravamen pertains to flight from scene, not death or injury. |
Criminal Law and Procedure |
|
Jul. 20, 2015 | |
12-10273
|
U.S. v. Mahon
Scottsdale's Diversity Office has sufficient nexus to interstate commerce to support defendant's conviction involving pipe bomb explosion. |
Criminal Law and Procedure |
|
Jul. 20, 2015 | |
13-73438
|
Gage v. Chappell
Failure to exercise due diligence by failing to raise claims in first habeas petition results in denial of successive petition. |
Criminal Law and Procedure |
|
Jul. 20, 2015 | |
13-50480
|
U.S. v. Gonzalez-Corn
Removal order underlying illegal reentry charge is valid when based on qualifying felony conviction under the Controlled Substances Act. |
Criminal Law and Procedure |
|
Jul. 19, 2015 | |
E061733
|
People v. Borynack
Realignment Act does not authorize court to suspend execution of sentence for defendant convicted under Destructive Devices and Explosives Chapter of Penal Code. |
Criminal Law and Procedure |
|
Jul. 19, 2015 | |
D060969
|
People v. White
Descriptions of various indicators of non-consent to sex, found in different subdivisions of Penal Code Section 261, do not establish basis for multiple counts of rape stemming from a single act of intercourse. |
Criminal Law and Procedure |
|
Jul. 16, 2015 | |
11-99009
|
Rogers v. McDaniel
Unconstitutionally vague jury instruction on aggravating circumstance warrants habeas relief on death sentence. |
Criminal Law and Procedure |
|
Jul. 16, 2015 | |
13-99006
|
Boyer v. Chappell
Trial court's failure to conduct live evidentiary hearing regarding reliability of witness testimony tying convicted murderer to another murder does not warrant habeas relief. |
Criminal Law and Procedure |
|
Jul. 16, 2015 | |
D067411
|
People v. Morales
Second degree murder conviction overturned where defendant makes coerced statements in violation of Miranda. |
Criminal Law and Procedure |
|
Jul. 15, 2015 | |
12-17724
|
Foley v. Biter
Counsel's failure to notify client of denial of habeas petition constitute attorney abandonment and, coupled with defendant's diligence, warrants relief. |
Criminal Law and Procedure |
|
Jul. 14, 2015 | |
A139463
|
People v. James
Trial court's failure to issue unconsciousness defense instruction warrants reversal of defendant's convictions related to bizarre incident. |
Criminal Law and Procedure |
|
Jul. 14, 2015 | |
C075960
|
People v. Accredited Surety and Casualty Co. Inc.
Attempt to exonerate bail bonds fails as request to extend appearance period is based on information gathered too late |
Criminal Law and Procedure |
|
Jul. 13, 2015 | |
B241172
|
People v. Lazarus
Not an abuse of discretion to deny motion to dismiss where defendant is charged 23 years after crime once DNA evidence connects her to murder of ex-lover's wife. |
Criminal Law and Procedure |
|
Jul. 13, 2015 | |
A140186
|
People v. Weatherton
Signing of Harvey waiver during plea deal precludes defendant from objecting to culpability of actions during restitution hearing. |
Criminal Law and Procedure |
|
Jul. 12, 2015 | |
C071489
|
People v. Sigur
Consent defense to burglary inapplicable where defendant invades possessory interest in home in order to engage in sex acts with minor. |
Criminal Law and Procedure |
|
Jul. 12, 2015 | |
12-10576
|
U.S. v. Ye
First paragraph of 18 U.S.C. Section 1542, prohibiting 'willfully and knowingly' making false statements on a passport application, does not require specific intent. |
Criminal Law and Procedure |
|
Jul. 12, 2015 | |
13-30084
|
U.S. v. Watson
Where DNA evidence may show actual innocence and defendant meets other requirements, Innocence Protection Act mandates DNA testing. |
Criminal Law and Procedure |
|
Jul. 12, 2015 | |
14-55239
|
U.S. v. Chan
Dismissal of petition for coram nobis relief reversed as court reasons definition of ineffective assistance of counsel established in United States v. Kwan can apply retroactively. |
Criminal Law and Procedure |
|
Jul. 9, 2015 | |
S105857
|
People v. Johnson
Kidnapping-murder special-circumstance finding and death sentence for second degree murder vacated because of incorrect simple kidnapping instruction and error on jury verdict form. |
Criminal Law and Procedure |
|
Jul. 9, 2015 | |
S213819
|
People v. Banks
Felony-murder special-circumstance finding must be reversed where getaway-driver defendant was not "major participant" in armed robbery. |
Criminal Law and Procedure |
|
Jul. 9, 2015 | |
14-50260
|
U.S. v. Roach
Former owner of electroplating business guilty of storing barrels of hazardous waste without permit under Resource Conservation and Recovery Act. |
Criminal Law and Procedure |
|
Jul. 8, 2015 | |
13-16523
|
Maes v. Chavez
Prisoner unsuccessful in attempt to 'bend [AEDPA's one-year statute of limitations] tolling rule backwards.' |
Criminal Law and Procedure |
|
Jul. 7, 2015 | |
A139007
|
People v. Jefferson
Findings that defendant had reasonable cause to believe firearm was stolen must be reversed where admission of evidence of uncharged firearm possessions was prejudicial. |
Criminal Law and Procedure |
|
Jul. 6, 2015 | |
14-50142
|
U.S. v. Guzman-Ibarez
Defendant's due process rights violated in deportation proceeding when court fails to inform of the possibility of relief under the Immigration and Nationality Act. |
Criminal Law and Procedure |
|
Jul. 6, 2015 | |
S221296
|
People v. Superior Court (Johnson)
California Supreme Court clarifies scope of prosecutor's 'Brady' obligation regarding confidential personnel records in light of interplay with 'Pitchess.' |
Criminal Law and Procedure |
|
Jul. 6, 2015 | |
13-50461
|
U.S. v. Pocklington
Order to extend probation vacated for failure to obtain warrant before end of scheduled probation period. |
Criminal Law and Procedure |
|
Jul. 5, 2015 | |
D065565
|
People v. Beckemeyer
Adult son assaulted by mother's ex-boyfriend during violent altercation qualifies as 'domestic violence victim,' pursuant to Penal Code statute allowing for post-conviction restraining orders. |
Criminal Law and Procedure |
|
Jul. 5, 2015 | |
S219454
|
People v. Johnson
State High Court clarifies resentencing provisions under Prop. 36, Three Strikes Reform Act of 2012. |
Criminal Law and Procedure |
|
Jul. 5, 2015 | |
S051342
|
People v. Cunningham
Capital defendant's appeal from death judgment is affirmed where statutory right to be present was violated but error was harmless. |
Criminal Law and Procedure |
|
Jul. 5, 2015 |