Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
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. 5, 2014 | |
B250069
|
People v. White
Gang member is guilty of aiding and abetting shooting at inhabited dwelling by handing gun to accomplice and directing him to shoot as victims ran. |
Criminal Law and Procedure |
|
Oct. 5, 2014 | |
S049596
|
People v. Bryant
Capital defendants fail to overturn death sentences by claiming that use of REACT belts, which could electrically shock them, violated their constitutional rights. |
Criminal Law and Procedure |
|
Oct. 2, 2014 | |
A135605
|
People v. Fields
Pimp-in-training’s felony conviction for oral copulation with minor does not violate equal protection, even if intercourse with minor is punishable as misdemeanor. |
Criminal Law and Procedure |
|
Oct. 1, 2014 | |
B252804
|
People v. Christiansen
Superior court is required to order destruction of fingerprint impressions obtained at time of arrest, after finding defendant factually innocent of charges. |
Criminal Law and Procedure |
|
Sep. 30, 2014 | |
12-50597
|
U.S. v. Aguilera-Rios
Deported Mexican citizen overturns illegal reentry conviction because his prior California firearms possession conviction was not a deportable offense to begin with. |
Criminal Law and Procedure |
|
Sep. 29, 2014 | |
13-55130
|
Deck v. Jenkins
Prosecutor misstates law by telling jurors that intent to engage in lewd act at some point in future is sufficient for conviction for attempted lewd act on child. |
Criminal Law and Procedure |
|
Sep. 29, 2014 | |
A137203
|
People v. Doss
Trial court must determine whether defendant engaged in 'serious and obstructionist misconduct' before revoking his right to represent himself. |
Criminal Law and Procedure |
|
Sep. 28, 2014 | |
B249493
|
People v. Espinosa
Trial court may not reduce first degree murder conviction to second degree murder and give lower sentence, after defendant had already filed appeal. |
Criminal Law and Procedure |
|
Sep. 25, 2014 | |
B249482
|
People v. Pennington
Harbor patrol officer, who performed necessary duties at harbor, qualifies as 'peace officer' for purposes of misdemeanor battery on peace officer conviction. |
Criminal Law and Procedure |
|
Sep. 23, 2014 | |
H038119
|
People v. Fialho
After jury convicted defendant of manslaughter, instead of murder, trial court may impose lesser enhancement for personal firearm use, rather than intentional discharge. |
Criminal Law and Procedure |
|
Sep. 23, 2014 | |
11-50003
|
U.S. v. Apel
Ninth Circuit upholds district court’s judgment in criminal case in light of U.S. Supreme Court’s 'U.S. v. Apel' decision. |
Criminal Law and Procedure |
|
Sep. 22, 2014 | |
08-17790
|
Sessoms v. Grounds
Suspect raises right to counsel by clearly articulating desire to have counsel present, when he told police that his father advised him to ask police to give him lawyer. |
Criminal Law and Procedure |
|
Sep. 22, 2014 | |
12-10189
|
U.S. v. Garcia
Government proves defendant's act of damaging apartment building with pipe bomb substantially affected interstate commerce for federal jurisdictional purposes. |
Criminal Law and Procedure |
|
Sep. 18, 2014 | |
C073061
|
People v. De La Rosa
Defendant's appeal of finding of incompetency is not rendered moot due to his restoration to competency and continuation of criminal proceedings. |
Criminal Law and Procedure |
|
Sep. 18, 2014 | |
E058212
|
People v. Watt
Jury instruction that defendant would not be guilty of receiving stolen property if he reasonably believed items were dumped does not require reversal of conviction. |
Criminal Law and Procedure |
|
Sep. 18, 2014 | |
12-16859
|
Gibbs v. LeGrand
Attorney’s failure to notify client of state court decision constitutes client abandonment, which entitles prisoner to more time to file federal habeas petition. |
Criminal Law and Procedure |
|
Sep. 17, 2014 | |
H039252
|
People v. Sem
After formally revoking defendant’s probation for failure to pay restitution, trial court must either sentence defendant to prison or reinstate probation. |
Criminal Law and Procedure |
|
Sep. 17, 2014 | |
E059517
|
People v. Chaides
Criminal complaint adequately alleges defendant had felony conviction for carrying concealed firearm while being active gang participant for three strikes purposes. |
Criminal Law and Procedure |
|
Sep. 17, 2014 | |
B248767
|
People v. Peyton
Criminal defendant’s motion to disqualify judge pursuant to due process clause fails to meet heightened standard of probability of actual bias. |
Criminal Law and Procedure |
|
Sep. 16, 2014 | |
H039814
|
People v. Olsen
Trial court must determine frivolousness of petition for release under Sexually Violent Predator Act by asking whether attorneys would agree that it is meritless. |
Criminal Law and Procedure |
|
Sep. 15, 2014 | |
10-50401
|
U.S. v. Johnson
Unavailable witness’s statements to police regarding armed robbery and murder is admissible where defendant intentionally prevented witness from testifying. |
Criminal Law and Procedure |
|
Sep. 14, 2014 | |
13-30077
|
U.S. v. Dreyer
Exclusionary rule applies to exclude evidence of child pornography obtained in violation of regulations and policies proscribing direct military enforcement of civilian laws. |
Criminal Law and Procedure |
|
Sep. 14, 2014 | |
C073576
|
People v. Anderson
Inmate is not entitled to ‘Wende’ review of trial court’s denial of his petition for recall and resentencing under Three Strikes Reform Act. |
Criminal Law and Procedure |
|
Sep. 14, 2014 | |
C073404
|
Schinkel v. Superior Court (People)
Defendant sentenced under Three Strikes law for solicitation of murder is ineligible for resentencing relief because crime involved intent to cause great bodily injury. |
Criminal Law and Procedure |
|
Sep. 14, 2014 | |
B250678
|
People v. Venegas
Trial court’s erroneous belief that it lacked authority to strike offender’s gang allegation causes reversal of convictions related to drive-by shooting. |
Criminal Law and Procedure |
|
Sep. 11, 2014 | |
F066627
|
People v. Johnson
Gang member cannot be convicted of gang participation offense when criminal conduct was not committed by at least one other gang member. |
Criminal Law and Procedure |
|
Sep. 11, 2014 | |
E054056
|
People v. Canizales
Trial court correctly instructs jury on ‘kill zone’ theory of attempted murder, in case where two gang members fired shots into a group of rival gang members. |
Criminal Law and Procedure |
|
Sep. 10, 2014 | |
A138287
|
People v. Christman
In calculating residence restrictions for sexually violent predators, distance between residence and school must be measured with straight line, regardless of physical barriers. |
Criminal Law and Procedure |
|
Sep. 10, 2014 | |
12-15360
|
McMonagle v. Meyer
Californian misdemeanant does not violate statute of limitations for filing federal habeas petition, when filed after California Supreme Court denied state habeas petition. |
Criminal Law and Procedure |
|
Sep. 10, 2014 |