Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D063549
|
In re Hansen
Man upends second-degree felony-murder conviction based on shooting at inhabited building because shooting ‘merged’ with resulting homicide. |
Criminal Law and Procedure |
|
Jul. 7, 2014 | |
A140128
|
People v. Rivera
Trial court must accept appeal of restitution order, because defense attorney’s failure to file separate appeal of order on time amounted to ineffective assistance. |
Criminal Law and Procedure |
|
Jul. 6, 2014 | |
11-50277
|
U.S. v. Lopez-Chavez
Mexican citizen charged with illegal reentry shows removal order was unfair due to counsel’s failure to challenge ruling that marijuana possession conviction is aggravated felony. |
Criminal Law and Procedure |
|
Jul. 6, 2014 | |
14-71875
|
K.K. v. District Court (Puana)
Mailbox theft victim must comply with suspect’s request for documents related to crime, subject to district court’s limitations following review. |
Criminal Law and Procedure |
|
Jul. 2, 2014 | |
10-50148
|
U.S. v. Lizarraga-Carrizales
Drug offender’s criminal history renders him ineligible for ‘safety valve’ relief from mandatory 10-year minimum sentence for importing 7.25 kilograms of heroin. |
Criminal Law and Procedure |
|
Jul. 2, 2014 | |
B247704
|
People v. Williams
Gang member who received life sentence under Three Strikes law should receive 15-year minimum parole eligibility term, instead of 10-year gang enhancements. |
Criminal Law and Procedure |
|
Jul. 1, 2014 | |
E055528
|
People v. Campbell
Trial court should have instructed jury on lesser-included offenses in murder trial based on accusatory pleading and evidence that lesser offense was committed. |
Criminal Law and Procedure |
|
Jul. 1, 2014 | |
S135855
|
People v. Avila
Child murderer’s conviction and death sentence are upheld because trial court properly declined to change venue where publicity dissipated by time of trial. |
Criminal Law and Procedure |
|
Jun. 30, 2014 | |
S039894
|
People v. Sattiewhite
Capital defendant, who admitted to shooting woman three times in the head, is not entitled to competency trial where there was no evidence of incompetence. |
Criminal Law and Procedure |
|
Jun. 30, 2014 | |
13-10131
|
U.S. v. Tillman
District court’s order improperly sanctions defense attorney, who highlighted delay in payment of Criminal Justice Act vouchers, without giving him opportunity to be heard. |
Criminal Law and Procedure |
|
Jun. 30, 2014 | |
A139403
|
People v. Smith
Sex offender, who successfully completed probation, may move to dismiss his pre-1997 sex offenses, which were not disqualified from dismissal by Penal Code amendments. |
Criminal Law and Procedure |
|
Jun. 30, 2014 | |
B249264
|
People v. Iraheta
Trial court’s failure to instruct jury on imperfect self-defense in case where defendant fired into an occupied motor vehicle does not warrant new trial. |
Criminal Law and Procedure |
|
Jun. 29, 2014 | |
13-132
|
Riley v. California
Police may not search digital information on cellphones seized from arrestees without warrant because government's interests do not justify them. |
Criminal Law and Procedure |
|
Jun. 25, 2014 | |
C067983
|
People v. Elder
Three-year ‘great bodily injury’ sentence increase is appropriate in case where victim of kidnapping and robbery dislocated finger during struggle with perpetrator. |
Criminal Law and Procedure |
|
Jun. 25, 2014 | |
C066262
|
People v. Brown
California's ban on shotguns with an overall length of less than 26 inches, or short-barreled shotguns, does not violate Second Amendment. |
Criminal Law and Procedure |
|
Jun. 25, 2014 | |
10-55202
|
Butler v. Long
Prisoner may pursue second federal habeas petition, despite missing one-year statute of limitations, because district court mistakenly dismissed his first petition. |
Criminal Law and Procedure |
|
Jun. 24, 2014 | |
12-50038
|
U.S. v. Torres Pimental
Four-day delay in presenting suspect to magistrate judge renders ensuing confession to drug importation charge inadmissible and his conviction invalid. |
Criminal Law and Procedure |
|
Jun. 24, 2014 | |
13-30134
|
U.S. v. Shouse
District court properly imposes sentencing enhancement on child pornography producer for creating material that involved ‘sadistic or masochistic conduct.’ |
Criminal Law and Procedure |
|
Jun. 24, 2014 | |
B251727
|
People v. Carter
Trial court incorrectly denies motion for new trial, given that judge repeatedly stated he was unconvinced defendant robbed bank based on wife's alibi. |
Criminal Law and Procedure |
|
Jun. 24, 2014 | |
D063686
|
People v. Diaz
Drunken driver must be retried for murder after jury was shown highly emotional videos regarding alcohol-related driving offenses. |
Criminal Law and Procedure |
|
Jun. 24, 2014 | |
G048155
|
People v. Robinson
Beauty salon worker commits sexual battery by fraud against victims he duped into believing massage was legitimate, but not against those who balked at his actions. |
Criminal Law and Procedure |
|
Jun. 24, 2014 | |
B252472
|
People v. Itehua
Man whose stalking of married woman involved pattern of implied threats of violence against her meets criteria for commitment as mentally disordered offender. |
Criminal Law and Procedure |
|
Jun. 24, 2014 | |
13-316
|
Loughrin v. United States
Government does not need to prove man who forged stolen checks intended to defraud financial institutions to convict him under federal bank fraud statute. |
Criminal Law and Procedure |
|
Jun. 23, 2014 | |
B248615
|
People v. Delarosarauda
Trial court may not issue protective order prohibiting father from contacting children, despite domestic violence against mother, because he did not hurt them. |
Criminal Law and Procedure |
|
Jun. 22, 2014 | |
S065575
|
In re Champion
Capital murderer is not entitled to habeas relief from conviction, despite trial attorney’s failure to present evidence against involvement in other crimes. |
Criminal Law and Procedure |
|
Jun. 19, 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 |
|
Jun. 19, 2014 | |
11-10346
|
U.S. v. Richardson
Congress properly delegates authority to Attorney General to determine applicability of SORNA’s registration requirements to pre-SORNA sex offenders. |
Criminal Law and Procedure |
|
Jun. 19, 2014 | |
12-50418
|
U.S. v. Sardariani
Court properly applies two-level sentencing increase to fraudster’s sentence due to his use of forged signatures and notary seals that qualified as ‘authentication features.’ |
Criminal Law and Procedure |
|
Jun. 19, 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 |
|
Jun. 18, 2014 | |
B249557
|
People v. Machado
Court may not automatically deny petition for resentencing under Three Strikes Reform Act when commitment offenses included violent and nonviolent felonies. |
Criminal Law and Procedure |
|
Jun. 18, 2014 |