Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D064633
|
Wofford v. Superior Court (People)
Mandatory supervision releasees are eligible to apply for transfers of their supervision to another state pursuant to the Interstate Compact for Adult Offender Supervision. |
Criminal Law and Procedure |
|
Nov. 16, 2014 | |
B247666
|
People v. Pedroza
Double jeopardy bars retrial of gang member where trial court’s grant of new trial amounted to acquittal due to uncorroborated accomplice testimony. |
Criminal Law and Procedure |
|
Nov. 16, 2014 | |
B246522
|
People v. Murillo
Mistrial in murder case must be granted when witness refused to answer over 100 leading questions by prosecutor about his out-of-court statements identifying shooter. |
Criminal Law and Procedure |
|
Nov. 13, 2014 | |
E058264
|
People v. Anthony
Inmate is ineligible for resentencing under Three Strike Reform Act when serving one sentence for a serious or violent felony and another which was not. |
Criminal Law and Procedure |
|
Nov. 12, 2014 | |
13-50129
|
U.S. v. Raya-Vaca
Illegal reentry conviction is overturned because immigration officer’s failure to provide notice and opportunity to respond during expedited removal violated due process. |
Criminal Law and Procedure |
|
Nov. 10, 2014 | |
12-10227
|
U.S. v. Brown
Business partner does not deserve leadership role sentence enhancement for participation in Ponzi scheme where he did not exercise control over any participant. |
Criminal Law and Procedure |
|
Nov. 9, 2014 | |
13-50306
|
U.S. v. Huitron-Rocha
District court properly uses modified categorical approach to find conviction for possession and transportation of cocaine for sale is 'drug trafficking offense' for sentencing purposes. |
Criminal Law and Procedure |
|
Nov. 9, 2014 | |
13-50438
|
U.S. v. de la Torre-Jimenez
Offender receives 16-level sentencing enhancement because his prior conviction for possession of cocaine for sale constitutes drug trafficking offense warranting enhancement. |
Criminal Law and Procedure |
|
Nov. 9, 2014 | |
S211708
|
Teal v. Superior Court (People)
Trial court’s order denying motion to recall sentence under Three Strikes Reform Act is appealable, although inmate fails to meet threshold eligibility requirement. |
Criminal Law and Procedure |
|
Nov. 6, 2014 | |
C073357
|
People v. Hicks
Inmate is ineligible for resentencing under Three Strikes Reform Act because he was personally armed with firearm during commission of underlying offense. |
Criminal Law and Procedure |
|
Nov. 6, 2014 | |
H038588
|
People v. Rodriguez
Presiding judge may reassign defendant’s renewed suppression motion to different judge where original judge is unavailable due to scheduling conflict. |
Criminal Law and Procedure |
|
Nov. 6, 2014 | |
C074397
|
People v. Hussain
Car repair shop owner’s grand theft conviction is overturned because his attorney’s failure to request claim-of-right defense prejudiced him. |
Criminal Law and Procedure |
|
Nov. 6, 2014 | |
S210545
|
People v. Eroshevich
Double jeopardy does not absolutely bar retrial of Howard Stern on conspiracy charges related to provision of prescription drugs to Anna Nicole Smith. |
Criminal Law and Procedure |
|
Nov. 3, 2014 | |
E059718
|
People v. G.H.
Mentally incompetent defendant facing possible five-year sentence is not entitled to precommittment custody credits for time served against three-year confinement. |
Criminal Law and Procedure |
|
Nov. 2, 2014 | |
D064995
|
People v. Aparicio
Appellate court must review denial of petition for resentencing under Three Strikes Reform Act using ‘abuse of discretion’ standard due to highly factual inquiry. |
Criminal Law and Procedure |
|
Nov. 2, 2014 | |
E058264
|
People v. Anthony
Inmate is ineligible for resentencing under Three Strike Reform Act when serving one sentence for a serious or violent felony and another which was not. |
Criminal Law and Procedure |
|
Oct. 30, 2014 | |
S118045
|
People v. Adams
Prosecutor’s opening statements about fear and witness intimidation to explain reluctance to testify against gang member in capital murder case is not misconduct. |
Criminal Law and Procedure |
|
Oct. 30, 2014 | |
E059809
|
People v. Brown
Inmate is ineligible for resentencing relief under Three Strikes Reform Act due to prior disqualifying conviction for oral copulation by force. |
Criminal Law and Procedure |
|
Oct. 30, 2014 | |
F067312
|
People v. Tubbs
Trial court improperly strikes requirement that resentenced offender be subject to postrelease community supervision, as mandated under Three Strikes Reform Act. |
Criminal Law and Procedure |
|
Oct. 30, 2014 | |
A134124
|
People v. Coleman
Prosecution cannot be forced to run officer witness’ rap sheet, even though it was obligated to disclose material information within its possession under 'Brady.' |
Criminal Law and Procedure |
|
Oct. 29, 2014 | |
11-35796
|
U.S. v. Swisher
Federal law that criminalizes unauthorized wearing of military medals with intent to deceive does not violate First Amendment. |
Criminal Law and Procedure |
|
Oct. 29, 2014 | |
C072199
|
People v. James
Light rail rider’s conviction for battery against transportation agent is reduced to simple battery because his security guard victim was not a 'station agent.' |
Criminal Law and Procedure |
|
Oct. 28, 2014 | |
12-35801
|
Abbott v. Federal Bureau of Prisons
Federal Bureau of Prisons improperly finds inmate is ineligible for early release based on prior Montana conviction for unlawful restraint. |
Criminal Law and Procedure |
|
Oct. 27, 2014 | |
13-10377
|
U.S. v. Castro-Ponce
Narcotics trafficker may not receive sentence increase based on obstruction of justice until district court finds his false testimony was also material and willful. |
Criminal Law and Procedure |
|
Oct. 26, 2014 | |
E058264
|
People v. Anthony
Inmate is ineligible for resentencing under Three Strike Reform Act when serving one sentence for a serious or violent felony and another which was not. |
Criminal Law and Procedure |
|
Oct. 26, 2014 | |
A139041
|
People v. Rossetti
Warrantless blood sample taken from drunken driving suspect need not be suppressed when police had good faith belief that California law did not require warrant. |
Criminal Law and Procedure |
|
Oct. 23, 2014 | |
11-57255
|
Williams v. Swarthout
Judge’s mistaken statement to jury that defendant pleaded guilty to charges constitutes prejudicial error, despite judge’s later curative instructions. |
Criminal Law and Procedure |
|
Oct. 23, 2014 | |
13-10464
|
U.S. v. Moore
Drug trafficker who stood by while officers searched home he shared with his fiancée cannot invalidate fiancée’s consent to search, absent his express refusal. |
Criminal Law and Procedure |
|
Oct. 23, 2014 | |
13-73278
|
Hughes v. U.S.
U.S. Supreme Court rule that any fact increasing mandatory minimum is an element that must be submitted to jury is not retroactive to cases on collateral review. |
Criminal Law and Procedure |
|
Oct. 23, 2014 | |
B251492
|
People v. Harbison
Nonviolent drug offenders, who have repeatedly been ordered into treatment, but have been found unamenable, must be sentenced to 30 days following conviction. |
Criminal Law and Procedure |
|
Oct. 22, 2014 |