Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B245611
|
People v. Dawkins
Trial court properly admits 9-1-1 recording about ongoing burglary made by anonymous caller based on deputy’s testimony regarding recording’s authenticity. |
Criminal Law and Procedure |
|
Oct. 22, 2014 | |
12-50294
|
U.S. v. Vera
District court’s failure to admonish jury regarding officer’s dual roles as lay and expert witness warrants resentencing of defendants' drug convictions. |
Criminal Law and Procedure |
|
Oct. 22, 2014 | |
13-30163
|
U.S. v. Bell
Right to counsel is not violated where self-represented defendant had opportunity to make closing argument, even though court did not prompt him to make one. |
Criminal Law and Procedure |
|
Oct. 22, 2014 | |
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 |
|
Oct. 22, 2014 | |
D064675
|
People v. Mullendore
Pedestrian upends felony conviction for striking driver’s windshield with backpack because jury should have heard about lesser included misdemeanor offense. |
Criminal Law and Procedure |
|
Oct. 21, 2014 | |
B231038
|
People v. Whitmer
Dealership manager who arranged for fraudulent sale of 20 motorcycles fails to overturn grand theft of automobile convictions, although motorcycle is not ‘automobile.’ |
Criminal Law and Procedure |
|
Oct. 21, 2014 | |
S207830
|
People v. Gonzalez
Defendant may be convicted of oral copulation of unconscious person and oral copulation of intoxicated person, although both convictions were based on same act. |
Criminal Law and Procedure |
|
Oct. 20, 2014 | |
13-50632
|
U.S. v. Hernandez
Defendant’s prior state conviction for being felon in possession of firearm may not be used for purposes of federal sentencing enhancement in illegal reentry case. |
Criminal Law and Procedure |
|
Oct. 20, 2014 | |
C074279
|
People v. Garcia
Inmate with nonstop criminal history fails to overturn Three Strikes Reform Act’s ‘unreasonable risk of danger to public safety’ provision as unconstitutionally vague. |
Criminal Law and Procedure |
|
Oct. 16, 2014 | |
E058563
|
People v. Brimmer
Prisoner serving indeterminate life sentence under Three Strikes law is ineligible for resentencing when armed with firearm during commission of possession of firearm offense. |
Criminal Law and Procedure |
|
Oct. 16, 2014 | |
D066381
|
People v. Blakely
Attacker cannot prove he was insane while robbing victim he believed was a demon because he needed to offer evidence that he did not know right from wrong. |
Criminal Law and Procedure |
|
Oct. 16, 2014 | |
G050280
|
Williams v. Superior Court (People)
In parole revocation proceedings, Orange County must provide a probable cause hearing within 15 days of arrest and allow parolees to present evidence. |
Criminal Law and Procedure |
|
Oct. 15, 2014 | |
B250350
|
People v. Lind
60-day time limit to hold preliminary hearing after defendant enters plea is tolled when defendant files motion to disqualify judge. |
Criminal Law and Procedure |
|
Oct. 15, 2014 | |
E059392
|
People v. Gjersvold
Jury must find ex-convict did not have ‘informed consent’ when he entered prison grounds in order to convict him of unauthorized entry onto grounds. |
Criminal Law and Procedure |
|
Oct. 15, 2014 | |
12-15261
|
Litmon v. Harris
California law requiring sexually violent predators to verify personal information at local police station every 90 days does not violate equal protection rights. |
Criminal Law and Procedure |
|
Oct. 14, 2014 | |
B250502
|
People v. Archer
Offender may not withdraw plea based on trial court’s alleged miscalculation of his maximum prison term based on charges arising from one crime spree. |
Criminal Law and Procedure |
|
Oct. 14, 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. 13, 2014 | |
09-308
|
Opinion of Harris (09-308)
Courts that receive funds from former probationers for payment of statutory fines and fees must first allocate funds toward unpaid victim restitution. |
Criminal Law and Procedure |
|
Oct. 12, 2014 | |
F067506
|
People v. Accredited Surety Casualty Co.
Surety’s delay in seeking relief from bond forfeiture is unreasonably based on belief that defendant would be returned to county despite outstanding warrants elsewhere. |
Criminal Law and Procedure |
|
Oct. 12, 2014 | |
A138712
|
People v. Evans
Police exceed scope of private search by computer repairman in violation of Fourth Amendment by taking files and viewing videos not viewed by repairman. |
Criminal Law and Procedure |
|
Oct. 12, 2014 | |
E054475
|
People v. Batchelor
Driver’s murder conviction is overturned because he was entitled to have second jury informed of vehicular manslaughter conviction in earlier, related trial. |
Criminal Law and Procedure |
|
Oct. 9, 2014 | |
13-10588
|
U.S. v. Renzi
Former Arizona Congressman who ran insurance agency commits insurance fraud by sending misleading letters to clients and regulators to conceal diverted campaign funds. |
Criminal Law and Procedure |
|
Oct. 9, 2014 | |
B253036
|
People v. Clark
Police have no duty to investigate whether suspect may be cultivating marijuana legally under the Compassionate Use Act prior to obtaining search warrant. |
Criminal Law and Procedure |
|
Oct. 9, 2014 | |
C074662
|
People v. Rinehart
Gold prospector’s conviction for violating California’s mining permit requirement is overturned because federal mining laws possibly preempted state laws at issue. |
Criminal Law and Procedure |
|
Oct. 8, 2014 | |
12-15601
|
Clark v. Arnold
Counsel for defendant convicted of murder is not ineffective due to failure to preserve issue of defendant’s mental disorder, when law on issue was unclear. |
Criminal Law and Procedure |
|
Oct. 8, 2014 | |
12-50331
|
U.S. v. Heredia
Mexican citizen is entitled to resentencing of illegal reentry conviction because prosecutor breached fast-track plea deal by advocating harsher sentence than stipulated. |
Criminal Law and Procedure |
|
Oct. 8, 2014 | |
11-15463
|
Trillo v. Biter
Man is not entitled to habeas relief from second-degree murder conviction due to prosecutor’s inappropriate comments about witness inconsistencies and ‘lame’ story. |
Criminal Law and Procedure |
|
Oct. 6, 2014 | |
A139318
|
People v. Vaughn
Defendant unlawfully transfers firearm to police informant, even though he did not know informant was an unlicensed firearms dealer. |
Criminal Law and Procedure |
|
Oct. 6, 2014 | |
13–946
|
Lopez v. Smith
Ninth Circuit cannot rely on its own precedent in ruling it was clearly established that murderer was ambushed with new theory of liability at trial. |
Criminal Law and Procedure |
|
Oct. 6, 2014 | |
F066467
|
People v. Jones
Murderer may not reduce first-degree murder conviction where information was silent and jury did not make separate finding as to degree. |
Criminal Law and Procedure |
|
Oct. 6, 2014 |