Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
S101984
|
People v. Chism
Prosecution’s decision to challenge two prospective African-American jurors due to their lack of supervisory experience does not show racial bias. |
Criminal Law and Procedure |
|
May 6, 2014 | |
S206365
|
People v. Gutierrez
California law imposing LWOP for teenagers who commit murder does not violate their rights, because sentencing courts may choose between appropriate sentences. |
Criminal Law and Procedure |
|
May 6, 2014 | |
S049626
|
People v. Hajek and Vo
Death sentence is upheld for men who held entire family hostage for hours and tortured elderly grandmother before killing her. |
Criminal Law and Procedure |
|
May 6, 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 |
|
May 5, 2014 | |
G048369
|
People v. Tirey
California law violates equal protection by making sex offenders convicted of misconduct with persons under 14 ineligible for relief from sex offender registration. |
Criminal Law and Procedure |
|
May 5, 2014 | |
G048369
|
People v. Tirey
California law violates equal protection by making sex offenders convicted of misconduct with persons under 14 ineligible for relief from sex offender registration. |
Criminal Law and Procedure |
|
May 5, 2014 | |
10-55985
|
Stewart v. Cate
Gang member who was convicted as the driver in a drive-by shooting may not seek federal habeas corpus relief because he waited too long to file petition. |
Criminal Law and Procedure |
|
May 2, 2014 | |
C073576
|
People v. Anderson
When there are no clear arguable issues, appellate court does not need to independently review record for them in Three Strikes resentencing cases. |
Criminal Law and Procedure |
|
May 2, 2014 | |
B239380
|
People v. Mitchell
Marijuana grower cannot invoke protections of California’s medical marijuana laws where he anticipated making up to $60,000 in annual sales to for-profit corporation. |
Criminal Law and Procedure |
|
May 1, 2014 | |
10-17145
|
Dixon v. Williams
Trial court incorrectly instructs jury that honest but reasonable, instead of unreasonable, belief in need for self-defense may not reduce murder to manslaughter. |
Criminal Law and Procedure |
|
May 1, 2014 | |
11-50417
|
U.S. v. Hernandez-Estrada
Rather than relying exclusively on 'absolute disparity test,' district courts must consider other methods for analyzing whether minorities are fairly represented in juries. |
Criminal Law and Procedure |
|
May 1, 2014 | |
G048563
|
People v. Fuentes
Court has authority to dismiss carjacker’s gang enhancement, even though district attorney argued it could only dismiss associated punishment. |
Criminal Law and Procedure |
|
May 1, 2014 | |
11-35114
|
Frost v. Van Boening
Trial court’s failure to allow alleged robber to present both of his defenses during closing arguments constitutes structural error, requiring reversal. |
Criminal Law and Procedure |
|
Apr. 30, 2014 | |
S049741
|
People v. Suff
Continued questioning by police does not violate Fifth Amendment because suspect’s request for an attorney was conditioned on whether he would be charged. |
Criminal Law and Procedure |
|
Apr. 29, 2014 | |
E057444
|
People v. Zuniga
Car thief may not appeal after pleading guilty to gang participation charge where he failed to first obtain a certificate of probable cause. |
Criminal Law and Procedure |
|
Apr. 29, 2014 | |
F067275
|
People v. Haynes
Three strikes offenders have statutory right to appeal from decisions rejecting their requests for resentencing because those decisions affect their substantial rights. |
Criminal Law and Procedure |
|
Apr. 28, 2014 | |
F066969
|
People v. Superior Court (Cervantes)
Drug dealer may be considered ‘armed with a firearm’ for three strikes resentencing purposes, even though he was not physically carrying firearm when arrested. |
Criminal Law and Procedure |
|
Apr. 28, 2014 | |
A135982
|
People v. Hamdon
Even though trial court agreed to set aside misdemeanor convictions, man is not released of requirement to register as a sex offender. |
Criminal Law and Procedure |
|
Apr. 28, 2014 | |
F066967
|
People v. Superior Court (Martinez)
Inmate is not eligible for resentencing under Three Strikes Reform Act, because he was ‘armed with a firearm’ during third offense, even if he was not carrying it. |
Criminal Law and Procedure |
|
Apr. 28, 2014 | |
H038673
|
People v. Ngo
Trial court must retry man for committing lewd and lascivious acts on seven-year-old girl because it used incorrect dates in its instructions to jury. |
Criminal Law and Procedure |
|
Apr. 28, 2014 | |
12-17060
|
Nevarez v. Barnes
Validated gang associate in security housing unit loses ex post facto challenge to his ineligibility for conduct credits based on amended California Penal Code. |
Criminal Law and Procedure |
|
Apr. 28, 2014 | |
12-50340
|
U.S. v. Ramirez-Estrada
Booking officer’s testimony may not be admitted at trial, when used only to show that defendant invoked his ‘Miranda’ rights and refused to answer questions. |
Criminal Law and Procedure |
|
Apr. 28, 2014 | |
13-10093
|
U.S. v. Ruiz-Lopez
Various documents used during deportation process may be used as evidence in illegal reentry case to establish that defendant was not a U.S. citizen. |
Criminal Law and Procedure |
|
Apr. 28, 2014 | |
13-50176
|
U.S. v. Thum
District court improperly revokes supervised release for ‘encouraging illegal alien to reside in U.S.’ when probationer escorted alien from restaurant to nearby van. |
Criminal Law and Procedure |
|
Apr. 28, 2014 | |
B251071
|
Harris v. Superior court (People)
Attorney’s representation at preliminary hearing deprives client of effective assistance where attorney also faced criminal charges following arrest by same officer. |
Criminal Law and Procedure |
|
Apr. 28, 2014 | |
G048369
|
People v. Tirey
California law violates equal protection by making sex offenders convicted of misconduct with persons under 14 ineligible for relief from sex offender registration. |
Criminal Law and Procedure |
|
Apr. 28, 2014 | |
H038755
|
People v. Klatt
Trial court may not require sex offender to seek approval from probation officer before forming romantic relationships with persons having custody of a minor. |
Criminal Law and Procedure |
|
Apr. 25, 2014 | |
11-55337
|
Hernandez v. Holland
Bailiff does not need to give 'Miranda' warnings during casual conversation where defendant spontaneously volunteered incriminating information about himself. |
Criminal Law and Procedure |
|
Apr. 25, 2014 | |
11-30262
|
U.S. v. Gomez
Defendant’s prior sexual offense conviction cannot form basis for 16-level sentencing enhancement in current illegal entry conviction. |
Criminal Law and Procedure |
|
Apr. 25, 2014 | |
09-99019
|
Hedlund v. Ryan
Trial court may require defendant to wear leg brace during trial to protect courtroom, because court personnel had reason to believe he might try to escape. |
Criminal Law and Procedure |
|
Apr. 25, 2014 |