Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
12-15362
|
Rudin v. Myles
Nevada woman convicted of murdering her husband is not entitled to tolling of limitations period to excuse six-year delay in applying for habeas corpus. |
Criminal Law and Procedure |
|
Sep. 10, 2014 | |
G048615
|
People v. Christensen
Child victim may be found ‘unavailable’ as witness based on expert testimony that it would be relatively impossible to testify without suffering substantial trauma. |
Criminal Law and Procedure |
|
Sep. 10, 2014 | |
G048425
|
People v. Alvarez
Robbery charges are properly dismissed based on failure of police and prosecution to preserve potentially useful evidence from police cameras near crime scene. |
Criminal Law and Procedure |
|
Sep. 10, 2014 | |
12-55783
|
Castellanos v. Small
Habeas petitioner is entitled to relief due to prosecutor’s use of strikes to mainly exclude Hispanic potential jurors, as well as pretextual explanation. |
Criminal Law and Procedure |
|
Sep. 9, 2014 | |
08-50479
|
U.S. v. Rodriguez
District court properly excludes evidence of prison’s medical negligence at trial of men, who fatally stabbed another inmate, because such negligence was foreseeable. |
Criminal Law and Procedure |
|
Sep. 8, 2014 | |
H037391
|
People v. Doolittle
Statute of limitations possibly bars certain fraud charges against businessman because victim was placed on notice after he stopped receiving payments on his investment. |
Criminal Law and Procedure |
|
Sep. 8, 2014 | |
B253401
|
People v. Youn
Driver’s warrantless blood draw does not justify exclusion of evidence showing presence of drugs because officer acted reasonably under prevailing case law. |
Criminal Law and Procedure |
|
Sep. 7, 2014 | |
12-50386
|
U.S. v. Reyes
District court's improper exclusion of criminal defendant from a side bar exchange regarding a prospective juror does not warrant reversal of conviction. |
Criminal Law and Procedure |
|
Sep. 4, 2014 | |
13-10342
|
U.S. v. Tomsha-Miguel
Tax services provider impersonates U.S. officer or employee by preparing fake letter with congressman’s formal letterhead and signing it in fictional aide’s name. |
Criminal Law and Procedure |
|
Sep. 4, 2014 | |
13-50195
|
U.S. v. Hardrick
District court properly admits uncharged video evidence showing that defendant possessed child pornography to prove he did not download videos accidentally. |
Criminal Law and Procedure |
|
Sep. 4, 2014 | |
B253416
|
People v. Atkins
Inmate may seek resentencing, despite conviction for making criminal threats, because sole indeterminate life term he was actually serving was for stalking. |
Criminal Law and Procedure |
|
Sep. 4, 2014 | |
C073329
|
People v. Guilford
Trial court may rely on appellate court’s opinion regarding defendant’s convictions in finding him ineligible for resentencing under Three Strikes Reform Act. |
Criminal Law and Procedure |
|
Sep. 3, 2014 | |
B248316
|
People v. Macabeo
Despite U.S. Supreme Court holding that warrant is needed to search cell phone incident to arrest, trial court properly allows evidence due to officers’ good faith. |
Criminal Law and Procedure |
|
Sep. 3, 2014 | |
G048020
|
People v. Garcia
Prosecutor violates due process by raising defendant’s sexual orientation in closing arguments to suggest motive for sexually abusing child of same sex. |
Criminal Law and Procedure |
|
Sep. 1, 2014 | |
F065957
|
People v. Gray
Sexually Violent Predators Act does not violate equal protection rights of sexually violent predators who are subject to different treatment than mentally disordered offenders. |
Criminal Law and Procedure |
|
Aug. 28, 2014 | |
G049669
|
People v. Kent
Counsel should continue to identify possible appellate issues, even if ‘arguable-but-unmeritorious,’ to aid appellate courts in ‘Wende’ review. |
Criminal Law and Procedure |
|
Aug. 28, 2014 | |
S207542
|
People v. Chandler
Defendant commits attempted criminal threat where his threat to kill female neighbors was sufficient to cause them to be in sustained fear. |
Criminal Law and Procedure |
|
Aug. 28, 2014 | |
12-50485
|
U.S. v. Nora
Court must suppress evidence obtained in case where police effectively arrested person inside his home without arrest warrant and absent exigent circumstances. |
Criminal Law and Procedure |
|
Aug. 28, 2014 | |
13-50020
|
U.S. v. Luis
Bank is entitled to restitution based on how much bank paid for fraudulent loan, rather than principal balance due. |
Criminal Law and Procedure |
|
Aug. 28, 2014 | |
11-99016
|
Wharton v. Chappell
Failure to present penalty phase testimony of death penalty petitioner’s brother about sexual abuse may establish prejudice if counsel’s investigation was deficient. |
Criminal Law and Procedure |
|
Aug. 27, 2014 | |
B248383
|
People v. Lofchie
University of California faculty member may not be criminally prosecuted for participating in decision to hire his wife for summer study abroad course. |
Criminal Law and Procedure |
|
Aug. 27, 2014 | |
13-30170
|
U.S. v. Mendez
Under Washington law, adult’s prior juvenile adjudication for firearm possession constitutes conviction that may serve as basis for federal felon-in-possession charge. |
Criminal Law and Procedure |
|
Aug. 26, 2014 | |
F065003
|
James v. State
Husband’s misdemeanor battery conviction is ‘misdemeanor crime of domestic violence,’ making him ineligible to possess any firearm under federal Gun Control Act. |
Criminal Law and Procedure |
|
Aug. 26, 2014 | |
E058471
|
People v. J.S.
Court must hear mentally disordered offender’s timely petition challenging her classification, although initial term of involuntary treatment had already expired. |
Criminal Law and Procedure |
|
Aug. 26, 2014 | |
E057671
|
People v. Lujano
Police officers unlawfully detain man they suspected was committing burglary, but was actually a resident, where nothing suggested he was involved in a crime. |
Criminal Law and Procedure |
|
Aug. 26, 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 |
|
Aug. 25, 2014 | |
09-99003
|
Woods v. Sinclair
Habeas petitioner’s procedural default on claims in death penalty case may be excused due to post-conviction counsel’s ineffective assistance, if substantial. |
Criminal Law and Procedure |
|
Aug. 25, 2014 | |
11-50273
|
U.S. v. Fowlkes
Forcible removal of drugs from defendant's rectum during warrantless body cavity search by officers without medical training violates Fourth Amendment. |
Criminal Law and Procedure |
|
Aug. 25, 2014 | |
09-55306
|
Hernandez v. Spearman
Prisoner’s federal habeas corpus petition is considered filed at moment it was delivered to prison officials, even if another prisoner delivered petition to officials. |
Criminal Law and Procedure |
|
Aug. 24, 2014 | |
G048535
|
People v. Baniani
Medical marijuana collective operator is entitled to jury instruction on MMPA defense because evidence showed collective was not profit-making enterprise. |
Criminal Law and Procedure |
|
Aug. 24, 2014 |