Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A136120
|
People v. Johnson
First degree murder conviction reversed due to jury instruction error in regards to alternate theories of crime |
Criminal Law and Procedure |
|
Jul. 1, 2015 | |
D065961
|
People v. DeHoyos
Proposition 47 is not retroactive; defendant is not entitled to automatic resentencing simply because her case was not final when the proposition became effective. |
Criminal Law and Procedure |
|
Jul. 1, 2015 | |
13-50369
|
U.S. v. Garcia-Gonzalez
Petitioner fails to overturn indictment based on prior removal order because, even if due process violation existed, he failed to demonstrate prejudice. |
Criminal Law and Procedure |
|
Jul. 1, 2015 | |
C072785
|
People v. Santos
Marsy's Law cannot be construed to apply to commutations granted as a matter of executive clemency. |
Criminal Law and Procedure |
|
Jul. 1, 2015 | |
C074871
|
People v. Vukodinovich
Right to privacy claim in sex crimes case rejected as victim is unable to consent legally due to mental incapacity. |
Criminal Law and Procedure |
|
Jun. 30, 2015 | |
B253580
|
People v. Chung
Consecutive sentences on three offer to sell counts violated bar on multiple punishment for 'single act' under Penal Code Section 654. |
Criminal Law and Procedure |
|
Jun. 30, 2015 | |
G050579
|
People v. Awad
Appellate court can grant limited remand to trial court to consider resentencing under Proposition 47. |
Criminal Law and Procedure |
|
Jun. 30, 2015 | |
B254910
|
People v. Morris
Defendant's constitutional right to fair trial by impartial jury is violated where excused juror was allowed to testify for prosecution. |
Criminal Law and Procedure |
|
Jun. 29, 2015 | |
14-7955
|
Glossip v. Gross
Death row inmates fail to successfully challenge Oklahoma's use of controversial drug midazolam in three-drug lethal injection protocol. |
Criminal Law and Procedure |
|
Jun. 29, 2015 | |
14-72181
|
In re Benvin
Where court errs by inserting itself in plea negotiations, petitioner is entitled to mandamus relief and reassignment to a different judge. |
Criminal Law and Procedure |
|
Jun. 29, 2015 | |
S056766
|
People v. Leon
Death penalty must be reversed because court erred in excusing jurors without inquiring into whether they could set aside their death penalty biases. |
Criminal Law and Procedure |
|
Jun. 29, 2015 | |
H040726
|
People v. Lopez
Appellate court declines to decide threshold matter of whether repeat drug offender is eligible for resentencing relief under Proposition 47. |
Criminal Law and Procedure |
|
Jun. 29, 2015 | |
H040903
|
People v. Contreras
Probation condition prohibiting probationer from using, possessing, or otherwise accessing 'surveillance equipment' was unconstitutionally vague and overbroad. |
Criminal Law and Procedure |
|
Jun. 28, 2015 | |
G051142
|
People v. Morales
Defendant subject to one year of parole under Prop. 47, because he was serving term of post-release community supervision as part of his felony sentence when he filed his petition. |
Criminal Law and Procedure |
|
Jun. 28, 2015 | |
13-50647
|
U.S. v. Jefferson
United States v. Carranza directs court to uphold minimum sentence for controlled substance importation despite appellant's maintained ignorance. |
Criminal Law and Procedure |
|
Jun. 28, 2015 | |
B255339
|
People v. Newman
Robber who detained family via menace is appropriate convicted of felony false imprisonment, though jury's verdict form listed his conviction as false imprisonment by 'violence.' |
Criminal Law and Procedure |
|
Jun. 28, 2015 | |
S217896
|
People ex rel. Green v. Grewal
Internet café 'sweepstakes' that allowed participants to play gambling-themed games for money, met statutory definition of 'slot machine' and constitute illegal gambling. |
Criminal Law and Procedure |
|
Jun. 25, 2015 | |
F068281
|
People v. McDonald
Felony murder conviction overturned because jury instruction allowed for guilty verdict where defendant developed intent to aid and abet after commission of death-causing acts. |
Criminal Law and Procedure |
|
Jun. 25, 2015 | |
14-10122
|
U.S. v. Rodriguez
'Knucklehead' who foolishly aimed laser beam at helicopter dodges lengthy imprisonment because he lacked requisite mens rea to support one of two convictions. |
Criminal Law and Procedure |
|
Jun. 24, 2015 | |
F067157
|
People v. Rojas
Molestation count reversed as jury instruction error results in ex post facto conviction. |
Criminal Law and Procedure |
|
Jun. 23, 2015 | |
B251469
|
People v. Sokau
Appellant's failure to raise objection to interpreter during trial results in forfeiture on appeal. |
Criminal Law and Procedure |
|
Jun. 23, 2015 | |
14-6368
|
Kingsley v. Hendrickson et al
Objective reasonableness standard - rather than subjective standard - appropriate when analyzing excessive force claims brought by pretrial detainees. |
Criminal Law and Procedure |
|
Jun. 22, 2015 | |
S107782
|
In re Welch
Petitioner not entitled to habeas relief because he has not demonstrated prejudice for failure to provide evidence of child abuse. |
Criminal Law and Procedure |
|
Jun. 22, 2015 | |
A138786
|
People v. Saez
Sentencing court improperly relied on record of conviction to make disputed determination that defendant's prior Wisconsin conviction qualified as 'strike' to increase sentence. |
Criminal Law and Procedure |
|
Jun. 21, 2015 | |
11-99003
|
Mitchell v. United States
Claim of ineffective assistance of counsel fails where counsel adequately investigated and made reasonable strategic decisions regarding intoxication defense and mitigation evidence. |
Criminal Law and Procedure |
|
Jun. 21, 2015 | |
13-1433
|
Brumfield v. Cain
Death row inmate claiming mental disability is entitled to have his <EM>Atkins</EM> claim heard on the merits. |
Criminal Law and Procedure |
|
Jun. 18, 2015 | |
13-1428
|
Davis v. Ayala
Any federal constitutional error from defense counsel's exclusion from 'Batson' proceedings is harmless because defendant failed to show he suffered 'actual prejudice.' |
Criminal Law and Procedure |
|
Jun. 18, 2015 | |
14-378
|
McFadden v. United States
Knowledge requirement from Controlled Substances Act must be applied in prosecution of purveyor of a controlled substance analogue. |
Criminal Law and Procedure |
|
Jun. 18, 2015 | |
13-10530
|
U.S. v. Lizarraga-Tirado
Google Earth satellite image and machine-generated digital 'tack' labeled with GPS coordinates make no assertion and are, thus, not hearsay. |
Criminal Law and Procedure |
|
Jun. 18, 2015 | |
12-17062
|
Seeboth v. Allenby
California's differential treatment of sexually violent predators from other civilly committed persons with respect to recommitment trials does not violate equal protection. |
Criminal Law and Procedure |
|
Jun. 18, 2015 |